Administración y Bienes Culturales. Una comparación entre Italia y España

En este estudio se analizó la Administración Pública que tiene el encargo de la tutela y revalorización del Patrimonio Cultural, en una perspectiva comparativa entre los dos países. La investigación se dividió en dos partes. Una primera en la que se analizan las soluciones legales adoptadas por los diversos regímenes durante los siglos. Se busca analizar la respuesta legal dada históricamente a los problemática social de la conservación del Patrimonio Cultural y entender las políticas que la Administración había adoptado finalmente. Este histórico viaje terminará con la legislación vigente, y con el análisis de la Legislación inminentemente anterior, que ha sentado las bases de la actual estructura de la Administración Pública, que ejercerá las competencias relativas a la protección del patrimonio cultural. El estudio continúa con una segunda parte en la que, con dos capítulos, se procede a examinar la legislación que regula la organización de la Administración Pública tanto de Italia como de España. En cada uno de los países se analizan todos los niveles territoriales, así como los organismos o instituciones autónomas creadas dentro de los Organismos Públicos de cada Estado. El tercer capítulo supone una comparación y una crítica de ambas organizaciones. Ambas estructuras en ocasiones han surgido a partir de un punto en común, incluso, a pesar de haber tenido evoluciones distintas de conformidad a la especificidad del país, todavía presentan similitudes. Por otra parte, ambos países se han visto perjudicadas recientemente por las políticas relacionadas con los recortes en el gasto público, lo que llevó a la reducción de la Administración Pública, aunque no de un modo tan satisfactorio, como esperábamos. El estudio finaliza con las conclusiones obtenidas tras el análisis concienzudo de ambas administraciones.

La registrazione immobiliare nell'ordinamento cinese e nelle esperienze giuridiche europee: modelli per una nuova riforma in Cina

L’ordinamento giuridico cinese contemporaneo si è, recentemente, impegnato in una riforma che ha interessato le norme vigenti in materia di registrazione immobiliare con l’intento di realizzare un sistema unitario dell’istituto. Dal momento che la modernizzazione del diritto civile cinese è iniziata - a partire dalla fine del XIX secolo – tramite il recepimento del diritto civile occidentale, la disamina delle esperienze europee in materia di pubblicità immobiliare assume una notevole importanza, al fine di esaminare le norme vigenti in Cina e i cambiamenti scaturenti dalla riforma. Pertanto, l’obiettivo della mia ricerca è stato quello di avanzare una tesi che possa rivelarsi quale strumento utile per la riforma in Cina, attraverso uno studio comparato dei modelli europei in materia di registrazione immobiliare. A tal fine, il lavoro è stato suddiviso in due parti: nella prima si è presentata un’analisi dettagliata del diritto di proprietà, del dualismo delle proprietà fondiarie e relative problematiche, del sistema dei diritti reali costituito dalla Legge sui diritti reali del 2007, da cui è partita la riforma dell’istituto della registrazione immobiliare. Un approfondimento particolare è dedicato al pluralismo dei regimi di registrazione immobiliare vigenti nel diritto cinese contemporaneo e all’introduzione dei cambiamenti apportati dal nuovo regolamento del 2015. Nella seconda parte dell’elaborato, attraverso lo studio comparato dei diversi modelli Europei (Francese, Tedesco e Inglese), si è tentato di illustrare le esperienze europee in materia di pubblicità immobiliare maturate nei tre temi maggiormente rappresentativi e concreti, quali la tutela degli interessi privatistici, l’autenticità dei titoli e il ruolo del notaio, la procedura della pubblicità immobiliare, al fine di individuare una via percorribile per il perfezionamento del sistema unitario della registrazione nell’ordinamento cinese. Nelle conclusioni, infine, sono state inserite anche alcune riflessioni circa l’importanza dello studio del diritto comparato per l’esperienza Cinese.

Linking rural tourism to agriculture. Evidences from comparative case studies in Kosovo, Italy and Spain

Rural tourism has been widely promoted in the European Union as an effective measure counteracting economic and social challenges facing rural areas especially those with declining agriculture economies. Particularly its role is seen in provision and maintenance of public goods which are more and more demanded by the public and considered in the policymaking. In Kosovo, rural tourism has been developed through the support of the international organizations and private sector initiatives, with primary aim to generate additional income for rural households and sustainable management of natural and cultural resources. Anyhow, it could be stated that the use of territorial capital to enhance the quality of the tourist offer and undertake promotion at wider circles of people has not been well explored so far, particularly possible links with agriculture that would satisfy visitors demand. In this regard this research study analyzes involvement of local stakeholders and use of territorial capital to develop tourist offer in rural areas of Kosovo. Beside, study applies comparative approach with other two areas of the European Union, Appennino Bolognese in Italy and Alpujara in Spain, to understand and compare the process of rural tourism development and demand characteristics between Kosovo and these areas. A survey has been conducted in all three study areas with rural tourism visitors to understand their preferences for public and private goods and services when visiting rural areas and the role of agriculture in sustaining rural tourism. Results show that there is a potential to link rural tourism with agriculture in Kosovo, which would help in sustaining agriculture and add additional value to local food products, which in return would enhance the tourist offer and make it more attractive for the visitors but also for the farmers as an additional revenue generating sector.

La tutela dei lavoratori a tempo determinato in Italia, Francia e Spagna, con spunti per un'analisi comparata

L’attività di ricerca è focalizzata sull’analisi delle normative in materia di contratto di lavoro a termine in Italia, Francia e Spagna. Si tratta di Stati che, al pari del nostro, fanno un grandissimo uso di tale fattispecie, divenuta nei fatti il principale canale di ingresso nel mondo del lavoro, con percentuali complessive di rapporti a tempo determinato anche superiori a quelle italiane. Il confronto con due Paesi a noi vicini da un punto di vista giuridico, culturale e sociale è servito allo scopo di valutare la razionalità e l’opportunità delle profonde modifiche apportate alla disciplina generale da parte del decreto-legge n. 34/2014 (c.d. Decreto Poletti) ed ancora prima dalla riforma del sistema risarcitorio ad opera della legge n. 183/2010. Per ciascun ordinamento sono prese in considerazione le regole finalizzate alla tutela dei diritti dei lavoratori a termine, nonché gli orientamenti giurisprudenziali che hanno contribuito, specie in materia di non discriminazione, ad implementare il livello di protezione della posizione dei lavoratori stessi. Specifica attenzione viene dedicata, inoltre, alla disciplina del pubblico impiego, settore in cui si riscontra spesso un uso distorto delle assunzioni a tempo determinato, come testimoniano le vicende degli agents contractuels francesi e dei lavoratori c.d. indefinidos no fijos de plantilla. La conclusione della tesi è affidata allo studio del contenzioso originato dai tre Stati avanti alla Corte di Giustizia dell’Unione Europea, al fine di isolare eventuali momenti di sintesi delle differenze delle rispettive regolamentazioni. L’elemento aggregante che affiora dai dicta del supremo organo di giustizia comunitario è il principio di stabilità dell’impiego, la cui portata generale e trasversale può essere utile al fine di orientare l’attività produttiva e interpretativa delle norme nazionali nella direzione di un’implementazione delle tutele spettanti ai prestatori di lavoro a termine.

Elites or middle classes? : lessons from transnational research for the study of social stratification in Africa

In diesem Arbeitspapier will ich zur künftigen Forschung über soziale Stratifikation in Afrika beitragen, indem ich die theoretischen Implikationen und empirischen Herausforderungen der Konzepte "Elite" und "Mittelklasse" untersuche. Diese Konzepte stammen aus teilweise miteinander konkurrierenden Theorietraditionen. Außerdem haben Sozialwissenschaftler und Historiker sie zu verschiedenen Zeiten und mit Bezug auf verschiedene Regionen unterschiedlich verwendet. So haben Afrikaforscher und -forscherinnen soziale Formationen, die in anderen Teilen der Welt als Mittelklasse kategorisiert wurden, meist als Eliten aufgefasst und tun dies zum Teil noch heute. Elite und Mittelklasse sind aber nicht nur Begriffe der sozialwissenschaftlichen Forschung, sondern zugleich Kategorien der sozialen und politischen Praxis. Die Art und Weise, wie Menschen diese Begriffe benutzen, um sich selbst oder andere zu beschreiben, hat wiederum Rückwirkungen auf sozialwissenschaftliche Diskurse und umgekehrt. Das Arbeitspapier setzt sich mit beiden Aspekten auseinander: mit der Geschichte der theoretischen Debatten über Elite und Mittelklasse und damit, was wir aus empirischen Studien über die umstrittenen Selbstverortungen sozialer Akteure lernen können und über ihre sich verändernden Auffassungen und Praktiken von Elite- oder Mittelklasse-Sein. Weil ich überzeugt bin, dass künftige Forschung zu sozialer Stratifikation in Afrika außerordentlich viel von einer historisch und regional vergleichenden Perspektive profitieren kann, analysiert dieses Arbeitspapier nicht nur Untersuchungen zu afrikanischen Eliten und Mittelklassen, sondern auch eine Fülle von Studien zur Geschichte der Mittelklassen in Europa und Nordamerika sowie zu den neuen Mittelklassen im Globalen Süden.

Comparative study of the different models for the calculation of BLEVEs overpressure effects

The BLEVE, acronym for Boiling Liquid Expanding Vapour Explosion, is one of the most dangerous accidents that can occur in pressure vessels. It can be defined as an explosion resulting from the failure of a vessel containing a pressure liquefied gas stored at a temperature significantly above its boiling point at atmospheric pressure. This phenomenon frequently appears when a vessel is engulfed by a fire: the heat causes the internal pressure to raise and the mechanical proprieties of the wall to decrease, with the consequent rupture of the tank and the instantaneous release of its whole content. After the breakage, the vapour outflows and expands and the liquid phase starts boiling due to the pressure drop. The formation and propagation of a distructive schock wave may occur, together with the ejection of fragments, the generation of a fireball if the stored fluid is flammable and immediately ignited or the atmospheric dispersion of a toxic cloud if the fluid contained inside the vessel is toxic. Despite the presence of many studies on the BLEVE mechanism, the exact causes and conditions of its occurrence are still elusive. In order to better understand this phenomenon, in the present study first of all the concept and definition of BLEVE are investigated. A historical analysis of the major events that have occurred over the past 60 years is described. A research of the principal causes of this event, including the analysis of the substances most frequently involved, is presented too. Afterwards a description of the main effects of BLEVEs is reported, focusing especially on the overpressure. Though the major aim of the present thesis is to contribute, with a comparative analysis, to the validation of the main models present in the literature for the calculation and prediction of the overpressure caused by BLEVEs. In line with this purpose, after a short overview of the available approaches, their ability to reproduce the trend of the overpressure is investigated. The overpressure calculated with the different models is compared with values deriving from events happened in the past and ad-hoc experiments, focusing the attention especially on medium and large scale phenomena. The ability of the models to consider different filling levels of the reservoir and different substances is analyzed too. The results of these calculations are extensively discussed. Finally some conclusive remarks are reported.

Comparative stability studies of poly(2-methyl-2-oxazoline) and poly(ethylene glycol) brush coatings

Non-fouling surfaces that resist non-specific adsorption of proteins, bacteria, and higher organisms are of particular interest in diverse applications ranging from marine coatings to diagnostic devices and biomedical implants. Poly(ethylene glycol) (PEG) is the most frequently used polymer to impart surfaces with such non-fouling properties. Nevertheless, limitations in PEG stability have stimulated research on alternative polymers that are potentially more stable than PEG. Among them, we previously investigated poly(2-methyl-2-oxazoline) (PMOXA), a peptidomimetic polymer, and found that PMOXA shows excellent anti-fouling properties. Here, we compare the stability of films self-assembled from graft copolymers exposing a dense brush layer of PEG and PMOXA side chains, respectively, in physiological and oxidative media. Before media exposure both film types prevented the adsorption of full serum proteins to below the detection limit of optical waveguide in situ measurements. Before and after media exposure for up to 2 weeks, the total film thickness, chemical composition, and total adsorbed mass of the films were quantified using variable angle spectroscopic ellipsometry (VASE), X-ray photoelectron spectroscopy (XPS), and optical waveguide lightmode spectroscopy (OWLS), respectively. We found (i) that PMOXA graft copolymer films were significantly more stable than PEG graft copolymer films and kept their protein-repellent properties under all investigated conditions and (ii) that film degradation was due to side chain degradation rather than due to copolymer desorption.

Comparative assessment of clinical performance of esthetic bracket materials

To compare the alterations in esthetic appearance and slot morphology/integrity of two main types of esthetic brackets caused after clinical use.

Comparative analysis of canine monocyte- and bone-marrow-derived dendritic cells

Dendritic cells (DC) represent a heterogeneous cell family of major importance for innate immune responses against pathogens and antigen presentation during infection, cancer, allergy and autoimmunity. The aim of the present study was to characterize canine DC generated in vitro with respect to their phenotype, responsiveness to toll-like receptor (TLR) ligands and T-cell stimulatory capacity. DC were derived from monocytes (MoDC) and from bone marrow hematopoietic cells cultured with either Flt3-ligand (FL-BMDC) or with GM-CSF (GM-BMDC). All three methods generated cells with typical DC morphology that expressed CD1c, CD11c and CD14, similar to macrophages. However, CD40 was only found on DC, CD206 on MPhi and BMDC, but not on monocytes and MoDC. CD1c was not found on monocytes but on all in vitro differentiated cells. FL-BMDC and GM-BMDC were partially positive for CD4 and CD8. CD45RA was expressed on a subset of FL-BMDC but not on MoDC and GM-BMDC. MoDC and FL-DC responded well to TLR ligands including poly-IC (TLR2), Pam3Cys (TLR3), LPS (TLR4) and imiquimod (TLR7) by up-regulating MHC II and CD86. The generated DC and MPhi showed a stimulatory capacity for lymphocytes, which increased upon maturation with LPS. Taken together, our results are the basis for further characterization of canine DC subsets with respect to their role in inflammation and immune responses.

Challenges for Participatory Conservation in Times of Global Change: Lessons from a Comparative Analysis and New Developments

Participatory approaches to conservation have been applied worldwide by governments and non-governmental organisations. However, results from a comparative analysis of the impacts of global change on management issues in 13 protected areas in Africa, Latin America, Asia, and Europe show that in many cases the involvement of local people has remained limited, and economic gains for local livelihoods have been limited or non-existent. Viewed from a ‘new institutionalist’ perspective and focusing on power relations and ideologies, the results of this study carried out within the framework of the Swiss National Centre of Competence in Research (NCCR) North-South show that in African cases local people do not feel part of the process and, therefore, become disengaged. In Asia, and even more so in Latin America, local indigenous peoples and their leaders support protected areas as a means to gain political rights over areas threatened by immigration. The European (Swiss) case is the only one where political rights and economic incentives present a context in which participation is of direct interest to local people. Meanwhile, recent debates on new global conservation developments in the context of climate change policy indicate a growing tendency to treat conservation as a commodity. We argue that this can have problematical effects on efforts to devolve power to the local level in the context of conservation.

Comparative Czech and Polish Perspectives and Policies on the Eastern Enlargement of the EU and the Prominence of the German Factor

With the end of the Cold War, which for central and eastern Europe in many respects meant the real political end to the Second World War, Germany regained its central position in the region. The Federal Republic quickly established itself as a major political and economic partner for both the Czech Republic and Poland. More importantly, due to its support for the idea of EU and NATO enlargement. Germany also became the most active western advocate of the Czech and Polish 'return to Europe'. The question remains, however, of whether Germany's relations with Poland and the Czech Republic can mature into a close axis like that enjoyed between Paris and Bonn/Berlin, or whether they will continue to develop along the lines of 'strategic congruence' but 'emotional mistrust and reserve'. The research here looked at three aspects of this question. First it considered the idea of a link between perceptions of Germany and broader considerations of European integration in Poland and the Czech Republic and outlined the ways in which Germany has motivated Czech and Polish activities and policies on EU membership. The team then focused upon on-going Czech and Polish EU integration strategies and sought to identify the actual ways in which Germany's advocacy of EU enlargement in manifest in cooperation 'on the ground'. The group concluded by considering prospects for Czech/German and Polish/German cooperation in the context of the enlarged European Union.

A Comparative Study of Two Semantic Systems: Body Russian and Russian Phraseology

Grigorij Kreidlin (Russia). A Comparative Study of Two Semantic Systems: Body Russian and Russian Phraseology. Mr. Kreidlin teaches in the Department of Theoretical and Applied Linguistics of the State University of Humanities in Moscow and worked on this project from August 1996 to July 1998. The classical approach to non-verbal and verbal oral communication is based on a traditional separation of body and mind. Linguists studied words and phrasemes, the products of mind activities, while gestures, facial expressions, postures and other forms of body language were left to anthropologists, psychologists, physiologists, and indeed to anyone but linguists. Only recently have linguists begun to turn their attention to gestures and semiotic and cognitive paradigms are now appearing that raise the question of designing an integral model for the unified description of non-verbal and verbal communicative behaviour. This project attempted to elaborate lexical and semantic fragments of such a model, producing a co-ordinated semantic description of the main Russian gestures (including gestures proper, postures and facial expressions) and their natural language analogues. The concept of emblematic gestures and gestural phrasemes and of their semantic links permitted an appropriate description of the transformation of a body as a purely physical substance into a body as a carrier of essential attributes of Russian culture - the semiotic process called the culturalisation of the human body. Here the human body embodies a system of cultural values and displays them in a text within the area of phraseology and some other important language domains. The goal of this research was to develop a theory that would account for the fundamental peculiarities of the process. The model proposed is based on the unified lexicographic representation of verbal and non-verbal units in the Dictionary of Russian Gestures, which the Mr. Kreidlin had earlier complied in collaboration with a group of his students. The Dictionary was originally oriented only towards reflecting how the lexical competence of Russian body language is represented in the Russian mind. Now a special type of phraseological zone has been designed to reflect explicitly semantic relationships between the gestures in the entries and phrasemes and to provide the necessary information for a detailed description of these. All the definitions, rules of usage and the established correlations are written in a semantic meta-language. Several classes of Russian gestural phrasemes were identified, including those phrasemes and idioms with semantic definitions close to those of the corresponding gestures, those phraseological units that have lost touch with the related gestures (although etymologically they are derived from gestures that have gone out of use), and phrasemes and idioms which have semantic traces or reflexes inherited from the meaning of the related gestures. The basic assumptions and practical considerations underlying the work were as follows. (1) To compare meanings one has to be able to state them. To state the meaning of a gesture or a phraseological expression, one needs a formal semantic meta-language of propositional character that represents the cognitive and mental aspects of the codes. (2) The semantic contrastive analysis of any semiotic codes used in person-to-person communication also requires a single semantic meta-language, i.e. a formal semantic language of description,. This language must be as linguistically and culturally independent as possible and yet must be open to interpretation through any culture and code. Another possible method of conducting comparative verbal-non-verbal semantic research is to work with different semantic meta-languages and semantic nets and to learn how to combine them, translate from one to another, etc. in order to reach a common basis for the subsequent comparison of units. (3) The practical work in defining phraseological units and organising the phraseological zone in the Dictionary of Russian Gestures unexpectedly showed that semantic links between gestures and gestural phrasemes are reflected not only in common semantic elements and syntactic structure of semantic propositions, but also in general and partial cognitive operations that are made over semantic definitions. (4) In comparative semantic analysis one should take into account different values and roles of inner form and image components in the semantic representation of non-verbal and verbal units. (5) For the most part, gestural phrasemes are direct semantic derivatives of gestures. The cognitive and formal techniques can be regarded as typological features for the future functional-semantic classification of gestural phrasemes: two phrasemes whose meaning can be obtained by the same cognitive or purely syntactic operations (or types of operations) over the meanings of the corresponding gestures, belong by definition to one and the same class. The nature of many cognitive operations has not been studied well so far, but the first steps towards its comprehension and description have been taken. The research identified 25 logically possible classes of relationships between a gesture and a gestural phraseme. The calculation is based on theoretically possible formal (set-theory) correlations between signifiers and signified of the non-verbal and verbal units. However, in order to examine which of them are realised in practice a complete semantic and lexicographic description of all (not only central) everyday emblems and gestural phrasemes is required and this unfortunately does not yet exist. Mr. Kreidlin suggests that the results of the comparative analysis of verbal and non-verbal units could also be used in other research areas such as the lexicography of emotions.

Racism, Youth Violence and the New Right: A Comparative Study of the Political Transformation of Extremism in Hungary and Romania

This research focused on the re-emerging of national and minority identities and the concomitant hostilities emerging from them in Hungary and in Romania. In particular the findings indicate that extremist incidents against members of minority groups on the local level seem to follow patterns in publicised media events. Violent attacks by skinheads against Gypsies in Hungary are often isolated incidents but are also inadvertently supported by biased media coverage, hostile majority attitudes and stereotyped behaviour reproduced in the media. The research also indicates that extremism both in Hungary against Gypsies and in Romania against Hungarians is of three kinds: organised within the framework of extremist groups, state-supported violence (both real and symbolic), and isolated, local instances with a few perpetrators committing atrocities. However, and this is a positive development, with rising interethnic tensions and extremist attacks prevalent in Hungary and Romania, there is also a parallel emergence of a more sophisticated human and minority rights campaign to combat them.

Securities: Its Conception and Protection of Interests of its Holders

Theoretical studies of the problems of the securities markets in the Russian Federation incline to one or other of the two traditional approaches. The first consists of comparing the definition of "valuable paper" set forth in the current legislation of the Russian Federation, with the theoretical model of "Wertpapiere" elaborated by German scholars more than 90 years ago. The problem with this approach is, in Mr. Pentsov's opinion, that any new features of the definition of "security" that do not coincide with the theoretical model of "Wertpapiere" (such as valuable papers existing in non-material, electronic form) are claimed to be incorrect and removed from the current legislation of the Russian Federation. The second approach works on the basis of the differentiation between the Common Law concept of "security" and the Civil Law concept of "valuable paper". Mr. Pentsov's research, presented in an article written in English, uses both methodological tools and involves, firstly, a historical study of the origin and development of certain legal phenomena (securities) as they evolved in different countries, and secondly, a comparative, synchronic study of equivalent legal phenomena as they exist in different countries today. Employing the first method, Mr. Pentsov divided the historical development of the conception of "valuable paper" in Russia into five major stages. He found that, despite the existence of a relatively wide circulation of valuable papers, especially in the second half of the 19th century, Russian legislation before 1917 (the first stage) did not have a unified definition of valuable paper. The term was used, in both theoretical studies and legislation, but it covered a broad range of financial instruments such as stocks, bonds, government bonds, promissory notes, bills of exchange, etc. During the second stage, also, the legislation of the USSR did not have a unified definition of "valuable paper". After the end of the "new economic policy" (1922 - 1930) the stock exchanges and the securities markets in the USSR, with a very few exceptions, were abolished. And thus during the third stage (up to 1985), the use of valuable papers in practice was reduced to foreign economic relations (bills of exchange, stocks in enterprises outside the USSR) and to state bonds. Not surprisingly, there was still no unified definition of "valuable paper". After the beginning of Gorbachev's perestroika, a securities market began to re-appear in the USSR. However, the successful development of securities markets in the USSR was retarded by the absence of an appropriate regulatory framework. The first effort to improve the situation was the adoption of the Regulations on Valuable Papers, approved by resolution No. 590 of the Council of Ministers of the USSR, dated June 19, 1990. Section 1 of the Regulation contained the first statutory definition of "valuable paper" in the history of Russia. At the very beginning of the period of transition to a market economy, a number of acts contained different definitions of "valuable paper". This diversity clearly undermined the stability of the Russian securities market and did not achieve the goal of protecting the investor. The lack of unified criteria for the consideration of such non-standard financial instruments as "valuable papers" significantly contributed to the appearance of numerous fraudulent "pyramid" schemes that were outside of the regulatory scheme of Russia legislation. The situation was substantially improved by the adoption of the new Civil Code of the Russian Federation. According to Section 1 of Article 142 of the Civil Code, a valuable paper is a document that confirms, in compliance with an established form and mandatory requisites, certain material rights whose realisation or transfer are possible only in the process of its presentation. Finally, the recent Federal law No. 39 - FZ "On the Valuable Papers Market", dated April 22 1996, has also introduced the term "emission valuable papers". According to Article 2 of this Law, an "emission valuable paper" is any valuable paper, including non-documentary, that simultaneously has the following features: it fixes the composition of material and non-material rights that are subject to confirmation, cession and unconditional realisation in compliance with the form and procedure established by this federal law; it is placed by issues; and it has equal amount and time of realisation of rights within the same issue regardless of when the valuable paper was purchased. Thus the introduction of the conception of "emission valuable paper" became the starting point in the Russian federation's legislation for the differentiation between the legal regimes of "commercial papers" and "investment papers" similar to the Common Law approach. Moving now to the synchronic, comparative method of research, Mr. Pentsov notes that there are currently three major conceptions of "security" and, correspondingly, three approaches to its legal definition: the Common Law concept, the continental law concept, and the concept employed by Japanese Law. Mr. Pentsov proceeds to analyse the differences and similarities of all three, concluding that though the concept of "security" in the Common Law system substantially differs from that of "valuable paper" in the Continental Law system, nevertheless the two concepts are developing in similar directions. He predicts that in the foreseeable future the existing differences between these two concepts will become less and less significant. On the basis of his research, Mr. Pentsov arrived at the conclusion that the concept of "security" (and its equivalents) is not a static one. On the contrary, it is in the process of permanent evolution that reflects the introduction of new financial instruments onto the capital markets. He believes that the scope of the statutory definition of "security" plays an extremely important role in the protection of investors. While passing the Securities Act of 1933, the United States Congress determined that the best way to achieve the goal of protecting investors was to define the term "security" in sufficiently broad and general terms so as to include within the definition the many types of instruments that in the commercial world fall within the ordinary concept of "security' and to cover the countless and various devices used by those who seek to use the money of others on the promise of profits. On the other hand, the very limited scope of the current definition of "emission valuable paper" in the Federal Law of the Russian Federation entitled "On the Valuable Papers Market" does not allow the anti-fraud provisions of this law to be implemented in an efficient way. Consequently, there is no basis for the protection of investors. Mr. Pentsov proposes amendments which he believes would enable the Russian markets to become more efficient and attractive for both foreign and domestic investors.