Draft Codes Research Articles

Instead of the Electoral Code of the Russian Federation

The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.

Code of best agricultural practices: general characteristics, disadvantages, ways of improvement

The article provides a scientific and theoretical analysis of the Draft Code of Best Agricultural Practices' content and its significance for the legal support of ecologization of agriculture in Ukraine. We have studied the content of the Draft Code of Best Agricultural Practices and the Draft Code of Proper Agricultural Practice. It was identified the deficiencies in the wording of the scope of these Draft Codes. It is also proposed to extend the Draft Code of Best Agricultural Practices' content to all agricultural producers without imposing any restrictions. It is noted that in the text of the Draft Code of Best Agricultural Practices, it is mandatory to enshrine the provision on voluntary application (based on paragraph 1 of Article 4 of Council Directive 91/676 / EEC on the protection of waters against pollution by nitrates from agricultural sources of 12.12.1991). Also, we have identified the shortcomings of the provisions of the draft Codes regarding land use management regulation, including the use of the crop rotation system. It is concluded that it is inexpedient to duplicate in the Draft Code of Best Agricultural Practices the legislation governing the organization of crop rotations. It is proposed to limit the indication to the relevant regulations. It is concluded that in parallel with the implementation of the Draft Code of Best Agricultural Practices, work should be carried out to implement the cross-compliance approach in Ukraine. This will motivate agricultural producers to comply with the Code of Best Agricultural Practices provisions and contribute to agriculture's ecologization. Keywords: agriculture, Code of Best Agricultural Practices, legal support, ecologization of agrarian activities, nitrates, mineral fertilizers, soil

Способи осучаснення та кодифікації трудового законодавства України: парламентський вимір

The article is devoted to the attempt of the Verkhovna Rada of Ukraine to modernize and codify the labor legislation of Ukraine. The author attempts to analyze draft codes and laws currently under consideration in parliament.

Ethical and Communicative Competence of Students: Ways of Formation and Development

The article considers the long-term practice in the area of ethical and communicative education of students of the Department of library-information resources of the East Siberian State Institute of Culture. The purpose of the work is to summarize the experience in formation and development of ethical and communicative competence of students. The authors describe the method of teaching the discipline “Ethics of library communication” and consider specific features of lectures and practical classes. The article characterizes the methods of work with full-time and part-time students, students of retraining and professional development programs at the example of use of interactive innovative technologies. The authors analyse the practice-oriented tasks aimed at diagnostics of various communicative and ethical characteristics of students and present the results of surveys of students of different forms of education about their culture of communication. The article describes the experience of using cases in the course of discipline study and the development of students’ draft codes of ethics of librarian and reader. The authors emphasize the importance of using a Cartesian rectangular coordinates system and drawing up a “Contract with the own Adult” for self-education of student, development of his critical thinking, ability to analyse and creative approach in library and information activities. The article raises the problems of verbal and nonverbal communication in the training of future specialists, as well as gives recommendations on the use of mind maps in the formation of librarian-communicator. The authors determine the importance of business game “Business etiquette” for the formation of pedagogical skills of students. The article underlines the necessity of development of ethical and communicative competences not only in the course of training sessions, but also through the involvement of students in scientific activities, in particular, when writing course and graduate qualification works. The authors analyse execution method and content of the work devoted to the topic “Netiquette. Network etiquette” and present the results of the student research conducted among the trainees in universities of the Republic of Buryatia.

Проекты кодификации законодательства СССР в 1930-1940-е гг.

Introduction. In historical and legal science, the codes of the RSFSR, which were adopted in the 1920s and 1960s, are well studied. The work on codification of the legislation of the USSR, which was carried out in the 1930s and 1940s, were practically not investigated. Purpose. Purpose of the study is to establish the reasons for codification work at the Union level, to describe the process of drafting codes, to analyze proposed projects, to identify factors why they did not become laws. Methodology. The methodology includes a combination of the following methods: dialectical materialism, evidence-based methods, formal legal and comparative legal methods. The method of dialectical materialism made it possible to show that the draft codes reflected the economic, social and political changes that occurred during the study period. The evidence-based methods was necessary to establish all the circumstances of the development of codes. The formal legal method was used to analyze draft codes as legal documents. The comparative legal method was used to compare separate projects with each other and with existing codes. Results. The first attempts at union-wide codification date back to the early 1930s, but the active phase begins after the adoption of the Constitution of 1936, which significantly expanded the legislative authority of the USSR. Four projects were being prepared: the Criminal Code of the USSR, the Code of Criminal Procedure of the USSR, the Civil Code of the USSR and the Civil Procedure Code of the USSR. Only the draft of the Criminal Code of the USSR was completely completed. Conclusion. Despite lengthy preparations, the codes were not formally approved. The main reason is that the idea of an all-Union codification does not conform to the federal form of the Soviet state.

REGIONAL HARMONISATION OF CONTRACT LAW – IS IT FEASIBLE

This article investigates whether regional harmonisation is merely an academic exercise or a serious attempt to create a uniform contract law in a defined region. It builds on the recently conducted Symposium at Villanova University in 2013 and addresses comparatively the efforts by well-defined regions, namely OHADA, the EU and ASEAN. OHADA has introduced regional uniform laws; the EU is still working on formulating them. Furthermore, UNCITRAL has considered a proposal by the Swiss government to work urgently on a new initiative to further harmonise contract law. Against this backdrop, this article argues that regional proposals to harmonise contract law are akin to saying that ‘ein Gespenst geht um’ (a ghost is going around) (Reich 2006: 425). This is justified, because a proposal to create a harmonised contract law in East Asia has currently also been discussed, but the discussions have stalled. Is there a solution or do we simply admit that regional harmonisation is not possible? The starting point is the CISG, as has been adopted by 80 countries and needs to be considered by any region as a possible, albeit not perfect, solution. If the CISG has already been ratified, the issue, then, is how any regional developments can coexist with it. Or does a ratification of the CISG preclude any regional harmonisation? Secondly, the question must be asked whether regional harmonisation will reduce transaction costs, which is beyond what the CISG was able to achieve. This article argues that as far as the drafting of international instruments isconcerned, a shift in thinking has occurred. Instruments such as the Cape Town Convention are considered to be reforming the law in a particular narrow area rather than attempting to draft codes. Furthermore, the process is driven by industry groups. Regional harmonisation must take note of the ongoing shift and a more fruitful approach is to develop uniform laws through a better understanding and coordination of existing instruments.

Art. 25 - Individual Criminal Responsibility

The provision, in particular paragraphs 1 and 2, confirms the universal acceptance of the principle of individual criminal responsibility as recognized by the International Military Tribunal and reaffirmed by the ICTY in the Tadic jurisdictional decision with regard to individual criminal responsibility for violations of common article 3 of the Geneva Conventions. The drafting history has been described elsewhere. Subparagraphs (a)-(c) of paragraph 3 establish the basic concepts of individual criminal attribution. Subparagraph (a) refers to three forms of perpetration: on one'sown, as a co-perpetrator or through another person (perpetration by means). Subparagraph (b) contains different forms of participation: on the one hand, ordering an (attempted) crime, on the other soliciting or inducing its (attempted) commission. Subparagraph (c) establishes criminal responsibility for aiding and abetting as the subsidiary form of participation. Thus, in contrast to the ILC Draft Codes of Crimes against the Peace and Security of Mankind4 and the Statutes of the ad hoc Tribunals, paragraph 3 distinguishes between perpetration (subparagraph (a)) and other forms of participation (subparagraphs (b) and (c)), with the latter establishing different degrees of responsibility. This approach confirms the general tendency in comparative criminal law to reject a pure unitarian concept of perpetration (Einheitstatermodell) and to distinguish, at least on the sentencing level, between different forms of participation. Subparagraphs (d), (e) and (f) provide for expansions of attribution: contributing to the commission or attempted commission of a crime by a group, incitement to genocide, attempt. Thus, in sum, article 25 para. 3 contains, on the one hand, basic rules of individual criminal responsibility and, on the other, rules expanding attribution (which may or may not still be characterized as specific forms of participation). A grosso modo, an individual is criminally responsible if he or she perpetrates, takes part in or attempts a crime within the jurisdiction of the Court (articles 5-8). It must not be overlooked, however, that criminal attribution in international criminal law has to be distinguished from attribution in national criminal law: while in the latter case normally a concrete criminal result caused by a person's individual act is punished, international criminal law creates liability for acts committed in a collective context and systematic manner; consequently the individual's own contribution to the harmful result is not always readily apparent.

The first attempts to codify civil procedure in Serbia (1829-1844)

The article sheds light on the first attempts to codify civil procedure in Serbia, in the period between 1829 and 1844. Predominantly focused on the earliest code-preparing works in the fields of penal and civil law, Serbian legal history neglected the third, equally important compilation - code of civil procedure. The quantity of hitherto established data on this subject did not suffice. It was known, for instance, what foreign code served as a model in the very beginning of lawgiving work. Serbian legal history was also acquainted with the fact in what manner two future codifiers - a member of Novi Sad City Council Jovan Hadžić and the mayor of Zemun Vasilije Lazarević, declared on the contents of the draft produced prior to their arrival in Serbia in 1837. Likewise, legal historian were familiar with the datum that Hadžić and Lazarević had been initially drafting new code in concert, but later divided jobs, so that thenceforth Lazarević alone was tasked with its creation. Exclusive of certain data of lesser significance, nothing was determined in relation to his work whatsoever. Leaning on disposable information, the author made an effort to deepen knowledge on prime codificatory works in this field. In terms of the earliest phase of codification, he expected to acquire new data with the help of foreign literature. Regarding Lazarević's work on the code, however, the author undertook a research in the archives believed to possess valuable documents. Having attentively scrutinized some allegations presented in the correspondence between the president of so-called Legislative Commission (established in 1829 and tasked with production of the code) and Serbian language reformer Vuk Karadžić and his associate Jernej Kopitar, the curator of Austrian Court Library, the author sought for unidentified volumes cited as recourse in the process of code-preparing. By reason of some publications showing a large extent of consistence with the unfamiliar works referred to in Karadžić and Kopitar's letters, the author proposed the hypothesis that the indicated were supplementary literature in Legislative Commission's work. Nonetheless, he failed to obtain any data as for the contents of subsequently prepared Legislative Commission's draft code. Research through archival materials was fecund solely to a degree. A number of utile details were ascertained, among which one should accentuate the terms of contract between Lazarević and Serbian government on the preparation of the draft code, more circumstantiating disclosures on the dispute over the interpretation of the aforementioned agreement and consignment of the compendium. Per contra, very few findings pertain to the contents of Lazarević's draft. Save new discoveries appertaining the very outlook of the produced draft codes, further progress in the scientific research on this topic can not be made. New materials enabling continuance of undertaken exposition of the inceptive codification ought to be found in Croatian State Archives (Hrvatski državni arhiv) and Austrian State Archives (Österreichisches Staatsarchiv), whose documents are oftentimes cited in antecedent works concerning this question. Withal, one may never exclude the possibility of detecting unexposed documents in Serbian archives.

Mistake as a Vitiating Factor in English Contract Law – Comparing the UNIDROIT and European Draft Codes

Mistake as a Vitiating Factor in English Contract Law – Comparing the UNIDROIT and European Draft Codes

Mistake as a Vitiating Factor in English Contract Law

This article examines mistake as a vitiating factor in English contract law. After examining the five categories of mistake, namely, non est factum, ‘common’ mistake, mistake as to identity, mistake as to terms, and ‘mutual’ mistake, the Article identifies a universal rationale: proof of an absence of consent from the complainant, which is rendered operative by proof of an additional factor sufficient to overcome the objective principle. With this observation, and in reference to the Unidroit and European Draft Codes, the Article suggests the re-categorisation of the law of mistake that shapes the future development of law.Part of a collection entitled 'Contract Law and Civil Justice Special Issues In Memory of Kurt Lipstein', edited by M Andenas, N Andrews and M Tamaruya. This paper and related papers have been accepted for publication and will appear in one of two special series in European Business Law Review (2011)(papers on contract) and (2012) (papers on procedure and civil justice).

High temperature defect assessment procedures

Development of a unified fracture risk evaluation method for industry will provide assurance for new innovative constructions in choice of materials and/or fabrication methods and assurance in plant operation. Safe plant operation with extended component life and enhanced decision making processes in run/repair/replace situations is facilitated by validated defect assessment procedures. Guidelines and methodologies for high temperature defect assessment and well developed in-house expertise exist in Europe. However, lack of commonality and very limited validation significantly limit their application. Substantial effort has been made by Industry and Research Organizations during the last decade to generate data and draft codes of practice. A systematic and coordinated approach will produce a validated and easy-to-use unified defect assessment procedure. The present paper gives a review on the high temperature defect assessment procedures which are most commonly used by the EC supported Thematic Network project PLAN partners both in their projects and in their organizations. This is followed by a review of on-going programmes in collaborative EC Projects.

The Islamisation of Laws in the Uae: the Case of the Penal Code*

In 1978 in the UAE the comprehensive process of preparing federal laws got underway following the enactment of Resolution No. 50/1978 of the Council of Ministers. This Resolution established a High Committee entrusted with the task of Islamising UAE legislation. The Resolution states that the High Comrnittee is to ascertain precisely where existing USE legislation comes into conflict with the explicit rules or fiundamental principles of the Shari'a, and to prepare new legislation to eliminate such conflict. However, the actual wording of the Resolution is ambiguous; the methods for preparirlg new legislation, and whether or not such legislation includes codification of the Shari'a, as well as comprehensive federal legislation to replace local laws all these aspects of the Cornmittee's task were unclear. Nonetheless, from the start it was clear to the High Committee's members that to achieve Islamisation of the UAE legal system, extensive draft federal laws covering essential legal areas would need to be prepared. It was also clear that in the preparation of these draft laws, the constitutional provisions and orders, especially those conceming the unification and modemisation of the legal system, would have to be met. The High Cornmittee thus prepared comprehensive draft federal laws covering the most essential legal areas; these draft laws took the form of Westem codes and statutes, mainly derived from the Shari'a jurisprudence or compatible with Shari'a requirements. However, in preparing these draft federal laws, the Committee was seen to be acting beyond its competence and therefore violating Resolution No. 50/1978. The outcome was that the majority of these draft codes and statutes were either considerably modified in the final revision (as was the case with the Draft Penal Code) or not ratified and thus not promulgated by the Government until only

NHS trust boards must declare members' interests

NHS trust boards will have to keep a register of directors' and members' interests under new codes of conduct and accountability published last week, and these registers will be available to the public. The secretary of state for health published draft codes for consultation in January (22 January, p 225) and has received over 400 responses. Mrs Bottomley believes that the new codes will strengthen the trusts' accountability to her and to the public. When they are appointed all board members will have to subscribe to the codes. “We are determined,” she said, “to reaffirm that the pursuit of private gain plays no part in the decision making of NHS board members.” The main features of the codes are clearer definitions of the functions of chairpeople and non-executive board members, who will have to declare any private interests which are “material and relevant to NHS business.” Boards will have to establish audit and remuneration and terms of service committees. They will have to spell out clearly which of their committees may hold delegated functions. The NHS Executive will clarify the position on all financial constraints which apply to NHS authorities and trusts. The boards' annual reports will have to set out the total remuneration from the trust of the chairman and executive and non-executive board members. The codes will also put an obligation on health authorities to publish an annual report on their performance and stewardship of public finances - an annual report is already mandatory for NHS trusts. The average allocation to general practitioner fundholders per patient is …

Divine Law or Man-Made Law? Egypt and the Application of the Shari'a

The application of the Shan'a has been a central issue in Egyptian politics since the beginning of the seventies. Originally advocated only by Islamic opposition groups, it gained such popularity as a political slogan that the Government could not remain passive. As of 1976 there was feverish and largely government-promoted legislative activity with the aim of codifying and, subsequently, applying the Shan'a. During the first years of the eighties this activity came to a sudden stand-still, again at the instigation of the Government. This article will focus on the various legislative proposals to codify parts of the Shan'a and on the public debate surrounding its attempted introduction. Special attention will be given to the Government's policy in this domain in order to shed some light on the importance of Islam for the legitimacy of the state. In an Appendix a survey will be given of the draft codes of Islamic penal law. By the end of the last century the Egyptian legal system was largely secularized by the introduction of codes based on French law. Only in the fields of personal status, inheritance, and religious endowments did the Shan'a remain in force. Before the introduction of French law codes there were some suggestions to base at least the civil code on the Shan'a as Turkey had done in 1876, when it enacted the Mecelle, a codification of Islamic civil law. However, once the choice of French law had been made,

The cataloguing of special collections of visual materials and AACR2

The Library of Congress Prints and Photographs Division, and the Science Museum Pictorial Collection have both recently produced draft codes of rules for the cataloguing of visual materials based on AACR2. This paper provides an assessment and comparison of the two draft codes and concludes both that these codes show that AACR2 does provide a valuable base for building more detailed specialised rules upon, and that the codes provide valuable thinking which should be in-put into AACR3.

The International Law Commission Re-Examined

Commenting on the International Law Commission m the eighth year of its existence, Professor Julius Stone urged the conversion of the Commission from a body of learned lawyers preparing draft codes for Governments, which either do not want any code or want a code with different provisions, into an International Law Research Center for the basic problems arising in the more dynamic, changeful, and disrupted segments of international law. … [T]he International Law Commission is not destined to solve or transform the basic problems of international law and society in pursuance of its present mandate. Not even its staunchest protagonists can give to the continuance of this present mandate much more than a token, time-marking value pending the appearance of a different world situation.