scholarly journals The Comparative Law Research of Remission in Arbitration

Legal Concept ◽  
2021 ◽  
pp. 47-57
Author(s):  
Ekaterina Rusakova ◽  
◽  
Viktor Zaitsev ◽  
Keyword(s):  
Comparative Method ◽  
General Rule ◽  
Legal Framework ◽  
The State ◽  
State Court ◽  
Significant Development ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
The Relationship

Introduction: the institute of remission has only received significant development since 2016 with the adoption of the arbitration reform and the introduction of appropriate changes concerning remission. To date, the legal framework for the procedure for the return of the state court in case of finding serious shortcomings of the arbitration decision has not been fully formed. The purpose of the study: to analyze the remission in the arbitration court after the state court has returned the arbitration decision to correct significant shortcomings. Relevance: the importance and relevance of the work are since the regulations of Russian arbitration institutions do not have provisions on remission. The regulations of foreign arbitration institutions only contain a reference to remission, but do not disclose in detail the conduct of this procedure. At the same time, the institute of remission plays a significant role in arbitration proceedings. The number of applications to this procedure in foreign countries, as well as the beginning of its development in Russia, emphasizes the need and relevance of the study. Methods: in the paper, the research methodology includes the general scientific methods of cognition, specific scientific methods, and special legal methods, the comparative method of analyzing the rules of arbitration institutions is used, and the systematic method is used to determine the formation of the former composition of the arbitration or the new one. Results: the rules of the relevant arbitration institution should be considered as the applicable rules for remission. As a general rule, remitted issues are considered by the same panel of arbitrators that previously made the relevant award. The validity of the arbitrators’ mandate depends on the relationship between the remitted issues and the arbitration decision. The arbitration refusal of remission must be justified. Based on the results of remission, a new decision or an additional one may be made. Conclusions: the institution of remission is important, as it allows you to effectively and quickly correct significant shortcomings while avoiding the cancellation of the arbitration decision, and preserve the partnership of the parties. Based on the analysis and the conclusions drawn, the authors’ own rules are formulated, which can be included in the rules of arbitration institutions.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Sports Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
State Of Research

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.

Equality of rights and obligations as the main element of the concept of the principle of equality of convicted persons before the law in the criminal-executive law of the Russian Federation

2019 ◽  
pp. 62-68
Author(s):  
Николай Сергеевич Ковалев
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
The State ◽  
Main Element ◽  
Equal Rights ◽  
Scientific Methods ◽  
General Scientific ◽  
The Law ◽  
The One ◽  
The Relationship

Объектом представленного в статье исследования являются общественные правоотношения в области уголовно-исполнительного законодательства, которые заключаются в реализации равных прав и обязанностей, а также в их защите государством. Предметом выступают нормы уголовно-исполнительного права, регламентирующие взаимоотношения субъектов правоотношений по поводу исполнения и отбывания всех видов уголовных наказаний, одним из которых выступает осужденный в качестве лица со специальным правовым статусом. В качестве методологической основы познания в работе были использованы общенаучные методы - анализ, сравнение, дедукция, индукция, и частнонаучные - формально-юридический и метод анализа. Принцип равенства осужденных перед законом предусматривает равные права и обязанности осужденных в уголовно-исполнительным праве, а также единую возможность для реализации этих права и исполнения возложенных законом обязанностей. При этом гарантии их соблюдения, а равно и защита, устанавливаются государством. The object of this study is public relations in the field of criminal-executive legislation, which consist in the implementation of equal rights and duties, as well as in their protection by the state, which is one of the most pressing issues. The subject of the research is the norms of criminal-executive law governing the relationship between the subjects of legal relations regarding the execution and serving of all types of criminal penalties, which the convicted person, on the one hand, acts as a person with special legal status. As a methodological basis of knowledge, general scientific methods were used in the work: analysis, comparison, deduction, induction and private science: formal-legal and method of analysis. The principle of equality of convicted persons before the law provides for equal rights and obligations of convicted persons in criminal-executive law, as well as a single opportunity for the exercise of these rights and the fulfillment of obligations imposed by law. At the same time, guarantees of their observance, as well as protection, are established by the state.

scholarly journals The Specificities of the Relationship of the Comparative and the Historical Methods in the Research of Political History

2018 ◽  
Vol 9 (2) ◽  
pp. 55-60 ◽  
Author(s):  
Dragan Tancic ◽  
Dalibor Elezovic ◽  
Miodrag Gordić
Keyword(s):  
Political History ◽  
Comparative Method ◽  
Scientific Methods ◽  
Scientific Cognition ◽  
Historical Method ◽  
Political Reality ◽  
General Scientific ◽  
Relationship Of ◽  
Historical Methods ◽  
The Relationship

Abstract This paper discusses the issue of the specificities of the relationship of the comparative and the historical methods in the research of political history. We find examples of the relationship of the comparative and the historical methods in the research of political history in works of modern historiography. Contemporary political history studies various forms of political reality, a variety of themes and those subject to fad, like other branches of history. The analysis has shown that all general scientific methods, particularly the historical method, as well as the comparative method, enable the scientific cognition of social, historical and political phenomena and processes, which also applies to the research of political history.

Effectiveness of the consumer protection system upon purchasing goods in online stores

2021 ◽  
Vol 28 (1) ◽  
pp. 137-146
Author(s):  
Iryna Y. Puchkovska ◽  
Oleksandr O. Biliaiev ◽  
Victor P. Yanyshen ◽  
Hanna O. Urazova
Keyword(s):  
Consumer Protection ◽  
Protection System ◽  
Scientific Methods ◽  
Customer Reviews ◽  
Existing Problems ◽  
Current State ◽  
Foreign Countries ◽  
General Scientific ◽  
Online Stores ◽  
Potential Customers

Every year, the vast majority of countries switch to an online environment. This is especially true for online stores. The subject of this study is the system of consumer protection upon buying goods in online stores and its effectiveness. The purpose is to analyse the state of development of e-commerce in Ukraine and the system of consumer protection upon purchasing goods in online stores. The following general scientific methods were used: classification and theoretical generalisation – to study the theoretical foundations of e-commerce; statistical analysis – to analyse the current state of e-commerce in Ukraine and the consumer protection system. The following results were obtained: based on the analysis of the provisions of current legislation and the experience of foreign countries describing the development of the e-commerce market in Ukraine and the world, the main trends that have developed have been identified, the positive and negative aspects of e-commerce have been identified, as well as the effectiveness of the consumer protection system upon purchasing goods in online stores. It was concluded that the “e-commerce” industry is developing very dynamically. Consumer protection upon purchasing goods through online stores is carried out as with a regular purchase and sale, but it has a number of specific features. To attract potential customers and build their trust, online stores try to post as much information about their products and services as possible on their official websites, including customer reviews. This indicates that the sellers themselves are interested in resolving disputes as soon as possible and preserving their reputation. Taking this into account, it is the improvement of the consumer literacy of citizens, the ability to fully exercise their rights, and to protect their interests in case of certain contradictions that is one of the ways to solve the existing problems

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

Procedural features of electronic text evidence as sources of evidence in civil cases related to the protection of intellectual rights

2020 ◽  
pp. 530-540
Author(s):  
Anna Zhuikova
Keyword(s):  
Electronic Text ◽  
Scientific Methods ◽  
Electronic Documents ◽  
Optimal Functioning ◽  
Legal Nature ◽  
General Scientific ◽  
The Russian Federation ◽  
Civil Cases ◽  
Use Of The Internet ◽  
The Relationship

Taking into consideration the legal nature of evidence, we analyze the main procedural features of evidence widely used by persons participating in the case when resolving civil cases related to the protection of intellectual rights, such as screenshots of materials posted on Internet sites, electronic messages. We define the general features that characterize the indicated sources of evidence in this category of disputes. We point out, in particular, the objective influence of the procedural rules governing the rules of jurisdiction over intellectual disputes, as well as the substantive rules of Part 4 of the Civil Code of the Russian Federation, on the features of the development and provide evidence for the protection of intellectual rights in court, sources of evidence. We describe the relationship between the concepts of electronic documents, written evidence, and evidence generated through the use of the Internet. When applying general scientific methods of comparative analysis (in relation to certain sources of evidence) and deduction (in relation to the analysis of special norms through the prism of general, basic, main procedural institutions that regulate relations in terms of the legal nature and characteristics of the evidence presentation in the category of cases under consideration), we form the main conclusions in terms of possible options for the development of these procedural institutions. We prove the necessity of the proposed changes for the purpose of the subsequent optimal functioning, action and application of the norms governing the evidence process in this category of cases, the concept of “electronic text evidence” is introduced.

Assessment of corruption risks in the Federal Executive bodies exercising control and Supervisory functions

2019 ◽  
pp. 190-199
Author(s):  
Denis Viktorovich Shepelev
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Public Administration ◽  
The State ◽  
General Description ◽  
Scientific Methods ◽  
Special Place ◽  
General Scientific

The relevance of the study is due to the priority tasks facing the state, among which a special place is occupied by the activities to prevent and combat corruption, minimize and eliminate the consequences of corruption offenses, including in the field of public administration. The purpose of the study is a General description of the assessment of corruption risks in the Federal Executive bodies, carrying out control and Supervisory functions. In considering these issues, the author used General, General scientific and private scientific methods, including formal legal. The author analyzes the corruption-dangerous functions, the main stages of corruption risk assessment and the whole system of corruption risk management. The study formed proposals to improve the methods aimed at minimizing the identified corruption risks in the course of the functions of state bodies. The proposed measures, reflected in the conclusions of the work, can be used by the Federal Executive bodies exercising control and Supervisory functions in order to improve their activities.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

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