Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (1) ◽  
pp. 169
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (2) ◽  
pp. 557
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

2019 ◽  
Vol 10 (3) ◽  
pp. 948
Author(s):  
Vadym TSIURA ◽  
Susanna SULEIMANOVA ◽  
Oleksandr SOTULA ◽  
Vita PANASIUK ◽  
Volodymyra DOBROVOLSKA
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Legal Method ◽  
Current State ◽  
Legal Relationship ◽  
Procedure Code ◽  
The Will ◽  
Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.  

scholarly journals Innovative Development of the Organization of Catering of Schoolchildren as an Integral Part of the Management of Modern Institutions of General Secondary Education

2020 ◽  
Vol 12 (515) ◽  
pp. 471-481
Author(s):  
G. T. Piatnytska ◽  
◽  
O. M. Hryhorenko ◽  
N. O. Piatnytska ◽  
N. Y. Lytvyn ◽  
...  
Keyword(s):  
Secondary Education ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
Student Service ◽  
Head Of School ◽  
Management Measures ◽  
School Canteen ◽  
General Scientific ◽  
Organization Of Production

The article is aimed at carrying out a comprehensive analysis and an evaluation of innovative processes that are currently taking place in the organization of school meals of general secondary education institutions (GSEI) of Ukraine and aimed at improving the management of their activities. To achieve the aim, general scientific and special research methods were used. The content essence of some concepts in the theory and practice of catering are closer defined. It is determined that innovations for the development of the organization of catering of schoolchildren in modern GSEI are being implemented in the following directions: updating the collection of recipe dishes for schoolchildren; development of a multi-variant menu of dishes, composed breakfasts and lunches; organization of production of semi-finished products and finished products, new forms of student service; providing new forms of communication between students (their parents) and the head of school canteen production, etc. The assessment of the quality of organization of catering in 10 schools of different districts of city of Kyiv, which have not same level of propensity for innovative changes, is carried out. It is determined that there is a sufficiently strong correlation between the introduction of innovations in the organization of catering in GSEI and the score assessment of the quality of this organization. It is identified that each innovation has certain advantages and probable disadvantages of its implementation, in order to overcome which it is necessary to plan and implement the proposed management measures. Concluding it is substantiated that a system approach to solving a complex of issues related to innovative processes in the organization of catering will increase the efficiency, safety and quality of nutrition of GSEI students and will contribute to improving the management of their activities. It is justified that the presented results are suitable for improving both the management of GSEI and the restaurant facilities organizing meals at the place of study.

scholarly journals NORMAL BUSINESS ACTIVITIES OF THE DEBTOR IN BANKRUPTCY: CRITERIA FOR RECOGNITION AND THE IMPORTANCE OF THE GOOD FAITH OF THE COUNTERPARTY

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 140-150
Author(s):  
Дарья Владимировна КОРОЛЁВА
Keyword(s):  
Empirical Method ◽  
Good Faith ◽  
Legal Interpretation ◽  
Close Attention ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
System Method ◽  
General Scientific ◽  
Interpretation Method

Legal scholars draw close attention to the issue of the content of normal business activities. It is still necessary to take into account not only the already systematized explanations of the higher courts on specific issues in every insolvency case, but also the dynamics of judicial practice and certain aspects of the debtor’s bankruptcy. A topical issue is whether transactions of a bankrupt debtor made during a period of suspicion and in arrears of payment can be classified as transactions concluded in the course of the debtor’s normal business activities. Purpose: to form a judgment on the conditions under which debtor`s transactions made during a period of suspicion and delay of performance may be assimilated by the court to its normal business activities. Methods: the author uses both general scientific methods (system method, empirical method) and special methods (comparative legal method, legal interpretation method). Results: the criteria for understanding transactions made during the period of suspicion and in delay of performance as the debtor’s normal business activities are defined; the importance of the good faith principle of the debtor’ counterparty is determined.

scholarly journals Arbitration agreements in the foreign economic activity of russian companies

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 175-179
Author(s):  
Yuri Mikhailovich Lukin ◽  
Arthur Robertovich Vasiliev ◽  
Rafail Valievich Shakiryanov
Keyword(s):  
Economic Activity ◽  
Research Method ◽  
Commercial Arbitration ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Legal Method ◽  
Recognition And Enforcement ◽  
Potential Risks ◽  
The Russian Federation ◽  
The Common

The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in the article, we analyzed: the legislation of the Russian Federation on international commercial arbitration, the UNISTRAL rules, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the international arbitration rules, the judicial practice related to the recognition and enforcement of arbitral awards. As a result of analysis, the article provides provisions aimed at increasing the efficiency of conclusion of such arbitration clauses in the foreign economic activity of Russian companies.    

scholarly journals Effectiveness standards for investigation of corruption crimes: Theory and practice

2021 ◽  
Vol 10 (44) ◽  
pp. 295-306
Author(s):  
Oleksandr Ostrohliad ◽  
Oleksandr Torbas ◽  
Viktor Zavtur ◽  
Vladyslav Sydorchuk ◽  
Oleh Fedoriv
Keyword(s):  
Structural Analysis ◽  
Scientific Knowledge ◽  
Case Law ◽  
Functional Method ◽  
Theory And Practice ◽  
Dialectical Method ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Procedural Decisions

The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.

scholarly journals Arbitration agreements in the foreign economic activity of russian companies

2020 ◽  
Vol 6 (Extra-B) ◽  
pp. 175-179
Author(s):  
Yuri Mikhailovich Lukin ◽  
Arthur Robertovich Vasiliev ◽  
Rafail Valievich Shakiryanov
Keyword(s):  
Economic Activity ◽  
Research Method ◽  
Commercial Arbitration ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Legal Method ◽  
Recognition And Enforcement ◽  
Potential Risks ◽  
The Russian Federation ◽  
The Common

The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in the article, we analyzed: the legislation of the Russian Federation on international commercial arbitration, the UNISTRAL rules, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the international arbitration rules, the judicial practice related to the recognition and enforcement of arbitral awards. As a result of analysis, the article provides provisions aimed at increasing the efficiency of conclusion of such arbitration clauses in the foreign economic activity of Russian companies.    

scholarly journals The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields

2018 ◽  
pp. 54-63
Author(s):  
O V. Glikman
Keyword(s):  
Russian Federation ◽  
International Treaties ◽  
Exploration And Exploitation ◽  
Scientific Methods ◽  
Joint Activities ◽  
Regional Features ◽  
Legal Method ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.

scholarly journals Claims for Recognition of a Registered Contract as Terminated and the Right of Obligation as Absent

2021 ◽  
pp. 57-83
Author(s):  
V. A. Boldyrev ◽  
Keyword(s):  
Scientific Methods ◽  
Legal Rules ◽  
Legal Studies ◽  
Judicial Practice ◽  
Legal Method ◽  
Legal Nature ◽  
General Scientific ◽  
The Law ◽  
Time Changes ◽  
The Right

Introduction: claims for recognition of a registered contract as terminated and the right of obligation as absent combine the following features: (1) they are declaratory; (2) belong to the category of negative ones; (3) are not explicitly stated in the law; (4) are recognized by judicial practice; (5) are aimed solely at eliminating legal uncertainty. The unity of features determines the need to analyze these types of claims within a single study. Purpose: to establish the reasons for the occurrence in practice of claims for recognition of a registered contract as terminated and the right of obligation as absent. Methods: general scientific (dialectical) method of cognition of scientific concepts of private law; special scientific methods of cognition: formal-legal method, historical-legal method, method of comparative legal studies, forecasting. Results: the transition of the claim for recognition of the right of obligation as absent to the category of remedies directly referred to in acts of official interpretation of law entails great risks. As soon as the emerging practice is recorded in an act of interpretation, the following will happen. Firstly, the number of cases of its use in practice will be likely to increase, which will entail an increased burden on courts. Secondly, there will appear the prerequisites for the full formal legalization of the phenomenon, as has already happened with the recognition of a contract as not concluded and the recognition of the right to a thing as absent. Should there be no registration actions in the Russian legal system, there would not be so many claims of a negative legal nature recognized by practice, including the claim for the recognition of a registered contract as terminated. Protective legal rules aimed at regulating claim-based relations that have the purpose of ensuring a more stable existence of regulatory relations are often formalized in the law, being widely applied in practice by the time changes are introduced into the law.

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