scholarly journals Trends in the development of accessibility to civil rights protection

2021 ◽  
Vol 118 ◽  
pp. 04002
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Tatyana Leontievna Kalacheva ◽  
Natalia Sergeevna Makharadze ◽  
Konstantin Borisovich Parfenov ◽  
Antonina Viktorovna Fadeeva
Keyword(s):  
Civil Rights ◽  
Dispute Resolution ◽  
Legal Protection ◽  
Subsequent Development ◽  
Alternative Methods ◽  
Systematic Analysis ◽  
Conflict Situations ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
Administrative Jurisdiction

The purpose of the study is to analyze the legal regulations that cover the procedures for resolving disputes without judicial proceedings for their subsequent development and popularization. In the course of the study, in combination with a comprehensive and systematic analysis, the following general scientific cognition methods were used: dialectical, hermeneutic, synthesis, the method of ascending from the abstract to the concrete, the method of generalization and comparison. The results of the study are as follows: justice, being a necessary element of building the rule of law, should be supplemented and improved through alternative ways of resolving conflict situations. The latter shall develop civil jurisdiction and resolve disputes on a highly professional basis. It seemed that the creation of a single procedural form would be a guarantee of the effectiveness of the protection of rights, but in contrast to this idea, there was created a procedural code that regulates administrative jurisdiction. In this regard, it seems promising to develop alternative dispute resolution mechanisms, which are simpler models of protection of violated interests than the court. Therefore, the novelty of the study is in the justification of the need to identify patterns of improving access to legal protection through the use of alternative methods of dispute resolution.

scholarly journals Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)

2021 ◽  
pp. 23-29
Author(s):  
Iryna YEFREMOVA
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Legal Relationship ◽  
Private Rights ◽  
The Law ◽  
The Right ◽  
Judicial Protection

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.

scholarly journals JURISDICTIONAL ACTIVITY OF ADMINISTRATIVE COURTS IN THE CONDITIONS OF FORMATION OF LEGAL SOCIETY

2021 ◽  
Vol 1 (10) ◽  
pp. 74-79
Author(s):  
D. Makharynetsʹ ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Administration ◽  
Legal Protection ◽  
Public Authorities ◽  
Role Of The State ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Subjective Rights

Moving along the path of European integration, Ukraine is carrying out state-building and building civil society on the basis of the concept of human-centeredness, introducing modern approaches to determining the role of the state and its organs in the life of man and the average citizen. One of the directions of the introduced reforms is the sphere of ensuring human and civil rights, creating conditions for the protection of these rights in case of their violation or encroachment on them. Of particular importance in this context is the creation of conditions that guarantee the provision of citizens with their subjective rights in relations with public administration bodies. The form of realization of the right to protection from illegal actions and decisions of public authorities is administrative justice, ensuring the establishment of law and order in the field of public administration. Therefore, the need to determine the features that reveal and characterize the essence of the jurisdictional activities of administrative courts in the formation of a legal society becomes relevant. The purpose of the article is to determine the features that reveal and characterize the essence of the jurisdictional activity of administrative courts in the conditions of formation of a legal society on the basis of the theory of administrative law and process, scientific views of administrators, norms of current legislation. The article examines the legal category "jurisdiction", "administrative jurisdiction" and describes the jurisdictional activities of administrative courts as a type of law enforcement and law enforcement activities in the implementation of legal protection in public law disputes, highlights the characteristics of jurisdictional activities.

CONFLICT MANAGEMENT IN INTERACTION BETWEEN GOVERNMENT AND PUBLIC

2017 ◽  
Author(s):  
Mykola Somych ◽  
◽  
Yuiiia Vakulenko ◽  
Liudmyla Horbatiuk ◽  
Yurii Kovryzko ◽  
...  
Keyword(s):  
Conflict Management ◽  
Local Governments ◽  
Conflicts Of Interest ◽  
Alternative Methods ◽  
Personal Interest ◽  
Public Authorities ◽  
Conflict Situations ◽  
Legitimate Interests ◽  
System Of Parameters ◽  
Political Economic

The article summarizes the theoretical principles of defining the concept of «mechanism», «conflict management mechanism». The main types of conflicts according to the Law of Ukraine «On Civil Service» are clarified: official disputes and conflicts of interest – a situation in which the personal interest of a civil servant affects or may affect the objective performance of his duties and in which there is or may occur contradictions between the personal interest of the employee and the legitimate interests of citizens, organizations, society. The main types of conflict management mechanisms are identified: organizational, legal and socio-psychological, taking into account objective and subjective factors, which covers a system of parameters, sequential actions, a set of methods and measures of socio- psychological nature. The causes of conflict situations in the interaction of public authorities and the public are substantiated: objective (social, political, economic, ideological factors) and subjective (derived from objective). Conflict fields of contradictions that arise in the process of interaction are depicted: legislative principles, political sphere, personnel policy, undemocratic worldview of managers, economic competence. The analysis of the main conflict fields of contradictions of local governments of Poltava region is carried out. New, alternative methods of conflict resolution have been formed: competition, adaptation, compromise, avoidance, cooperation, their general characteristics have been determined. Officials were invited to use the open conversation technique in order to reach a compromise.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

Amalgamated territorial hromadas as new local communities in Ukraine: mechanisms of social cohesion formation

2021 ◽  
pp. 14-21
Author(s):  
O. Deineko
Keyword(s):  
Social Cohesion ◽  
Social Order ◽  
Point Of View ◽  
Sociological Research ◽  
Systematic Analysis ◽  
Social Actors ◽  
Social Communities ◽  
Attitudes And Practices ◽  
Conflict Situations ◽  
Legislative Procedure

The article is dedicated to the systematic analysis of the peculiarities of the formation and functioning of amalgamated territorial communities in Ukraine as new local social communities. Analyzing the legislative procedure of amalgamation, the author distinguishes the essential features of amalgamated territorial communities that are different from other settlement communities. Within the framework of this investigation, the newly amalgamated hromadas appear as a “second-order” phenomenon, which is a socio-legal construct that is formed in a consensual manner and on a voluntary reciprocal basis. Basing on the analysis of qualitative sociological research data the author demonstrates the importance of the functioning of reciprocity mechanisms at the level of orientations and practices of all social actors involved in the procedure of territorial communities amalgamation. It is illustrated that the "failure" of reciprocity mechanisms contributes to the change of merger scenarios, causes the postponement of this process and the emergence of conflict situations. The paper substantiates that the legislative procedure of territorial communities amalgamation intensifies the formation of social capital and the establishment of a new civic social order. The special, different social status of amalgamated territorial communities in comparison with other settlement communities is explained by the emergence of the phenomenon of social cohesion, the mechanisms of activation of which are contained in the legislative order of territorial communities amalgamation. It is concluded that an important theoretical basis for the sociological conceptualization of ATC is the concept of reciprocity, which explains the mechanism of successful amalgamation, which is facilitated by the attitudes and practices of reciprocity of all involved social actors. According to the author’s point of view, the sociological synthesis of spatial and activity approaches to the analysis of social communities within the framework of sociological conceptualization of united territorial communities is considered heuristic. The synthesis of these approaches emphasizes both the importance of the spatial context of interactions emergence and reproduction, and their essential functionality in the formation and reproduction of hromada social order.

scholarly journals Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia

2018 ◽  
Vol 3 (1) ◽  
pp. 55-61
Author(s):  
Pujiyono ◽  
Sufmi Dasco Ahmad
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Techniques ◽  
Financial Service ◽  
Insurance Companies ◽  
Data Types ◽  
Financial Service Authority ◽  
Litigation Process

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.

scholarly journals Vertical Delivery as a Method of Prevention of Obstetric and Perinatal Complications

2019 ◽  
Vol 4 (5) ◽  
pp. 7-13
Author(s):  
M. N. Mochalova ◽  
S. V. Novokshanovа ◽  
V. A. Mudrov
Keyword(s):  
Upright Position ◽  
Alternative Methods ◽  
Vertical Position ◽  
Perinatal Complications ◽  
Systematic Analysis ◽  
Birth Canal ◽  
Early Postpartum ◽  
Analysis And Synthesis ◽  
Selection Of

Currently, there are many points of view on management of physiological labor, in particular, it concerns the intrapartum position of a woman. Tactics of modern obstetrics should ensure the safety of motherhood, which in future ensures the prosperity of the state. One of the alternative methods of delivery is the vertical position of a woman in the intrapartum period. It is impossible to describe the whole range of possible positions of a woman in the intrapartum period, the common ones being: lying position (lateral, reclining, lithotomy, Trendelenburg’s, etc.) or upright position (sitting, using a chair for childbirth, standing, squatting, standing on the knees, etc.). Opinions about how the vertical position of a mother in the intrapartum period affects the outcome of childbirth are quite ambiguous. The conclusions of various authors on that matter often contradict each other.The aim of the research was to study the role of vertical delivery in reducing the frequency of obstetric and perinatal complications.Materials: publications of foreign and domestic authors within the period from 1989 to 2017.Methods: systematic analysis and synthesis of literature data.Conclusion: Despite a significant number of studies, it is not possible to determine the universality of the vertical position in childbirth, therefore, the selection of patients for the management of vertical childbirth should be approached carefully. In the presence of pregnancy complications, preference should be given to the classic version of the position in childbirth. In women who have a low risk of perinatal complications, an upright position can be a worthy alternative. To prevent the development of bleeding in the III stage of labor and the early postpartum period, a woman should take a horizontal position after the birth of the fetus. This condition must also be observed when examining the birth canal. Thus, the rational tactics of conducting childbirth is to determine the optimal combination of vertical and horizontal positions at different periods of the childbirth process, taking into account the convenience for the woman in labor. 

scholarly journals Peculiarities of implementation of the principle of legality in the criminal process of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 253-257
Author(s):  
Oleksiy Skryabin ◽  
Dmytro Sanakoiev
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Limiting Factor ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Process ◽  
Procedural Law ◽  
Judicial Proceedings ◽  
Principle Of Legality ◽  
Discretionary Powers

The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

scholarly journals Dispute Settlement on E-Commerce Contract: A Practical Analysis of Law

2021 ◽  
Vol 7 (4) ◽  
pp. 473-486
Author(s):  
Firqotun Naziah
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Cross Border ◽  
Electronic Transactions ◽  
Border Trade ◽  
Practical Analysis

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (ITE Law) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. This study analyzes the dispute settlement for e-commerce dispute in Indonesia.

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