PROTECTION OF THE SUBJECTIVE RIGHTS OF A PERSON IN THE COURT OF ARBITRATION

2019 ◽  
pp. 213
Author(s):  
Marina Molodcova
Keyword(s):  
Dispute Settlement ◽  
Comparative Method ◽  
Research Work ◽  
Inductive Method ◽  
International Institute ◽  
Historical Method ◽  
Deductive Method ◽  
Judicial Remedy ◽  
The Right ◽  
Subjective Rights

The importance of the work manifests in the study of the right of individuals to the protection of their interests in the court of arbitration, and as a result, new theoretical and practical conclusions are offered. Dispute settlement in the court of arbitration is usually characterised by three positive aspects: comparatively short dispute settlement time, lower costs, and confidentiality. Still, the environment of the Latvian courts of arbitration has earned a negative image, and their quick judgements are not always objective and fair. In Latvia, the number of studies in this field is small; studying issues related to courts of arbitration mostly gained popularity during the period when changes in the laws and regulations or passing a new Arbitration Law was planned. Studies where the practice of other countries in relation to courts of arbitration is explored primarily tend to analyse and study the international institute of the court of arbitration. The normative regulations that governs the operation of courts of arbitration in the latest years has been improved and developed; however, in general it does not form a positive legal practice. The research aim is to study the topic, individuals’ right to the protection of their interests in the court of arbitration, find problems and shortcomings, as well as offer a solution. The research object is civil judicial remedy for protecting individual’s interests, whereas the research subject is the individuals’ rights to the protection of their interests in the court of arbitration. The following scientific research methods have been used in the development of research work: special methods: grammatical method, analytical method, systemic method, historical method, teleological method, comparative method, semantic method; general scientific methods: inductive method and deductive method.

scholarly journals Fictitious employment contracts in loan recovery processes in Latvia

2018 ◽  
Vol 40 ◽  
pp. 01005
Author(s):  
R. Neilands
Keyword(s):  
Qualitative Research ◽  
Financial Crisis ◽  
Real Estate ◽  
Comparative Method ◽  
Inductive Method ◽  
Analytic Method ◽  
Financial Loss ◽  
Employment Contracts ◽  
Recovery Processes ◽  
Deductive Method

Latvia from 2008 till 2013 experienced serious financial crisis. The results of the crisis were significant financial loss in banking area, plenty of foreclosures, plenty of corporate and private bankruptcy processes. One of issues Latvia faced in the foreclosure proceedings was the reaction of debtors – some of them used all possible means (including illegal) to obstruct foreclosure. One of such means is a conclusion of fictitious employmentcontracts on the mortgaged real estate maintenance and later obtaining a court judgment on a wage recovery. The aim of the paper is to research how fictitious employmentcontracts are used and to propose a solution for the fictitious labour agreements issue. Methods of qualitative research were employed in the paper – comparative method, analytic method, inductive method, and deductive method.

scholarly journals The Main Evolution References of Copyright in Antiquity and the Modern Era

2019 ◽  
Vol 24 (3) ◽  
pp. 226-231
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
Comparative Method ◽  
Scientific Research ◽  
Legal Protection ◽  
Inductive Method ◽  
Historical Method ◽  
Social Nature ◽  
Scientific Approach ◽  
Logical Method ◽  
Ancient Times ◽  
Modern Era

Abstract The present study integrates into the complex scientific approach of investigating the legal protection of the rights that result from the intellectual creation in the Romanian objective law. In this regard, it analyzes the main evolutionary benchmarks of the protection of intellectual creation from ancient times to the modern era, aiming to highlight the elements of social nature that were the basis of the emergence and development of copyright. At the same time, the scientific approach addresses the issue of the emergence of copyright by combining, through the method of multi-disciplinary scientific research, the legal, social and historical sciences. In the accomplishment of the present scientific approach we used the following scientific research methods: the historical method, the logical method, the deductive-inductive method and the comparative method.

scholarly journals The concept of corporeality in contemporary Serbian and Montenegrin prose: from interpretation to “immersion” in the text

2020 ◽  
Vol 26 (2) ◽  
pp. 17-23
Author(s):  
Natalia Dorfman
Keyword(s):  
Cultural History ◽  
Cultural Context ◽  
Comparative Method ◽  
Research Problem ◽  
The Body ◽  
Literary Fiction ◽  
Inductive Method ◽  
Cultural Changes ◽  
Historical Method ◽  
The World

Today’s theory, as well as literary fiction, which is usually most sensitive to changes in worldview, capture an evident fusion of mental and corporeal components in 21st-century culture. Being stated by numerous theorists, the “end of postmodernism” brings a new sensual dominant to the culture. The article demonstrates an existing tendency in today’s Serbian and Montenegrin prose to depict a special type of “integral corporeality”, a phenomenon in which mental and psycho-emotional processes occur and are described only through the body and in bodily terms. This demonstrates the integrity of the external and internal, which, in contrast to the postmodernist sense of disconnection and fragmentation of life, testifies to a new integrity in culture and worldview. That is the research problem. Focusing on an analysis of the works of three Serbian and Montenegrin writers, David Albahari, Slobodan Tišma, and Ognjen Spahić, the author of the article is, however, inclined to believe that such a process of unification of the body with emotions, feelings, and, often, socio-cultural context is a direct reflection of the modern tendency to move from intellectual comprehension of the world and its mental interpretation towards a certain “immersion” in the world, or an integration involving sensation instead of remote analysis. That is, the concept of corporeality and its reflecting in literary fiction are part of a broader and more global process of changing the worldview paradigm in general, and changing the approach to interacting with the world. The author tries to trace this connection of literature with socio-cultural shifts. Thus, the aim of the study is to consider the mechanisms of the realization of corporality in modern Serbian and Montenegrin prose as a part of global socio-cultural changes and changes in worldview. Drawing parallels between Raoul Eshelman's concept of performatism and the transition from rationalization to “immersion” in the world described by Hans Ulrich Gumbrecht in “Production of Presence. What Meaning Cannot Convey” the author views the fusion of corporeal and mental elements in the texts of the writers under analysis as a movement towards a “culture of presence,” and a consequence of ideological shifts that began in the 60's with calls “against interpretation.” The latter determines the novelty of the work. During the research the author uses analysis and synthesis; the comparative method for establishing similarities and differences between corporeality manifestations in the texts under analysis; the inductive method, which allowed movement from the study of individual phenomena in selected works to theoretical generalizations; the hermeneutic method for the interpretation of the phenomenon of the corporeal in literary texts under analysis; and the cultural-historical method, which enabled consideration and interpretation of the phenomena of the corporeal as part of global processes, in the context of the cultural history of the end of the 20th and beginning of the 21st centuries.

scholarly journals Regional Development Strategies for Major Cities - According to Economic Indicators - The Region of Aleppo's Greater City as a Case Study: الاستراتيجيات التنموية لأقاليم المدن الكبرى - وفق المؤشرات الاقتصادية - حالة دراسية - إقليم مدينة حلب الكبرى

2021 ◽  
Vol 5 (4) ◽  
pp. 40-17
Author(s):  
Heba Mohamad Kardosh, Abdulkader Abdulkarim Hariri Heba Mohamad Kardosh, Abdulkader Abdulkarim Hariri
Keyword(s):  
Development Strategy ◽  
Its Region ◽  
Economic Factor ◽  
Sustainable Growth ◽  
Inductive Method ◽  
City Region ◽  
Development Indicators ◽  
Historical Method ◽  
Deductive Method ◽  
Surrounding Areas

The aim of the study was to define some developmental concepts and discuss a variety of development theories that addressed economic development and its effect on the development and growth of the regions of major cities. The importance of the economic factor in the development process was emphasized in most development theories, by determining the most suitable investment locations and the best delivery of activities and services based on the best relationships. Afterwards, some Arab and international experiences were examined, which discussed the topic of research based on an analytical study of various economic considerations, and different scenarios were used to set development plans based on the priorities for achieving goals that differed by country. The study assumes that the lack of developmental balance between the city and its region is due to land use inconsistency and a lack of long-term planning for available resources and development potential. This resulted in the loss of many commercial and development prospects, a decline in agricultural output, and a rise in real estate rents in the surrounding areas of big cities in general, and Aleppo in particular. To track the problem, we used the historical method, the inductive method to read the facts, the deductive method to elicit the sources of the problem, the analytical method to analyze the causes, and the results were formulated using the analysis. Then, based on the strategies, theories, and experiences studied in the first topic, a development strategy was proposed based on the development indicators of the Greater Aleppo City region. To promote sustainable growth in the country, this strategy seeks to reduce development disparities throughout the region and achieve equity in the distribution of economic activity.

scholarly journals THE QUALITY OF PRODUCTS AND HOSPITALITY SERVICES IN DRAGASH MUNICIPALITY

2019 ◽  
Vol 31 (6) ◽  
pp. 2035-2040
Author(s):  
Šerif Aga
Keyword(s):  
Comparative Method ◽  
Research Work ◽  
Hotel Industry ◽  
Educational Status ◽  
Inductive Method ◽  
Survey Method ◽  
Secondary Sources ◽  
Provision Of Services ◽  
Quality Of Products

The purpose of this paper is to point out the quality of products and services in the business of tourist companies (Meka and Arxhena) in the municipality of Dragash, as well as their influence on the promotion of competitive advantages that will affect the creativity, breadth of product range, top service and quality, as well as branding. The apartments are located in a series that offer a complete service to guests. Hotel, as well as other companies in tourism, are exposed to significant and rapid changes, thanks to the quality of the business of the touristic ambiance. Subject research. The subject of the research is to determine the quality of products and services in the hotels Arxhena and Meka in the municipality of Dragash. This research includes the application of general elements, ie, the determinant of the quality of products and services (availability, warranty, communication, expertise, standard, service, safety, accountability, security); without which quality service would not be adequately completed. Research goals. Among the more important objectives of research in the research work are: • How satisfied are the tourists with tourist services in the hotel industry in the municipality of Dragash. • How much infrastructure does affect the development of hotel tourism in the municipality of Dragash. • What types of tourists use hotel services in hotel management in Dragash municipality according to their educational status. Research hypotheses. Based on these goals, the following hypothesis is posed: H1: Tourists are satisfied with tourist services in the hotel industry in the municipality of Dragash. H2: Road infrastructure will negatively affect the development of hotel tourism in the municipality of Dragash. H3: The highest number of tourists in the hotel industry in Dragash Municipality is with a high degree of education. Methods of research. In achieving these goals, different scientific methods have been used to: • Inductive method - allows you to arrive at the conclusion based on the characteristics and facts obtained by the inductive method of conclusion. • A deductive method - making conclusions based on specific facts and laws, anticipating future events, and others. • Methods of analysis and synthesis - embracing concepts on their simple parts, analyzing each part in particular. • Comparative method - comparisons or perceptions of differences, common features, similarities, etc. • Descriptive method - a description of the current situation in tourism. The mathematical-statistical method was used in the processing of the sample of the research. In this research, we use the survey method to conduct this research. The obtained results will be processed by statistical analysis and as such will be shown through several tables and graphs. In the process of collecting data we used secondary sources such as: books, websites, various publications, magazines and brochures. Method of choice, size and design of the sample. The sample of respondents includes persons of all ages, professional qualifications, gender and civil status, the questionnaire refers to the provision of services at the Meka and Arxhena Hotel in the municipality of Dragash. The study was conducted on a sample of 98 respondents. The test instrument was designed in the form of a questionnaire containing 12 questions, and the answers are rounded off. The study lasted three months. Time and place of research realization. The place where the research was conducted is the municipality of Dragash. In the research we tried to include two hotels (Arxhena and Meka). Methodologically, these two hotels will dominate the research. Special attention is paid to hotels, products and services, tourist and geographical position of the municipality of Dragash and analysis of research results. Dragash municipality is characterized by limited accommodation capacity, which are not fully used.

scholarly journals Palestinian citizenship: past, present, future

2020 ◽  
pp. 31-45
Author(s):  
V. L. Tolstykh ◽  
J. Aasi
Keyword(s):  
Comparative Method ◽  
Customary Law ◽  
Political Connection ◽  
Palestinian Authority ◽  
Historical Method ◽  
Palestinian Territories ◽  
Diplomatic Protection ◽  
The Status ◽  
Occupied Territories ◽  
The Right

INTRODUCTION. The article deals with the evolution of the Palestinian citizenship and the possibility of its development under the occupation of the Palestinian territories. Citizenship is a classic institution of public law and is perceived in a similar way in various legal systems. In this case, however, there is a very special phenomenon, the content of which is due to a number of historical, political and international legal factors.MATERIALS AND METHODS. The research is based on the analysis of Balfour Declaration 1917, UN Partition Plan for Palestine 1947, Agreement Oslo II 1995, Articles on Nationality of Natural Persons in relation to the Succession of States (ILC, 1999), Articles on Diplomatic Protection (ILC, 2006), Israeli law governing the status of Palestinians, nationality laws of the Arab states, political and regulatory acts of Palestinian institutions. The research methods include historical method, methods of formal logic, comparative method and various methods of interpretation. A significant part of the research is a comparison of positions of Israeli and Palestinian lawyers, as well as an analysis of various options for the development of the Palestinian citizenship.RESEARCH RESULTS. Currently, the status of residents of the occupied territories is determined by the Oslo II Agreement of 1995: the administrative powers are delegated to the Palestinian Authority; Israel retains the right of control. The resident status is not equivalent to the status of a citizen and is sui generis. This status implies a number of Israel’s obligations: to end it and provide a citizenship to Palestinians; recognize its international elements; transfer more powers to Palestinian institutions. The lack of regular citizenship makes it difficult for Palestinians to enjoy diplomatic protection from Palestinian institutions.DISCUSSION AND CONCLUSIONS. Presently, there are conditions for the establishment (declaration) of the Palestinian citizenship, which would fix a political connection sui generis, implying the rights of Palestinians to participate in administration of the occupied territories, their membership in a nation striving for self-determination, the right of Palestinian institutions to provide diplomatic and other protection, etc. This citizenship should be provided automatically, since it involves not naturalization, but consideration of existing social and vital ties of Palestinians to their people. The solution of the problem of diplomatic protection may consist in the development of customary law and the search for new tools, for example, protection on the part of international organizations. 

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

LA ORIENTACIÓN FAMILIAR EN LA SOLUCIÓN DE PROBLEMAS Y EL ANÁLISIS DE RIESGO EN LA EDUCACIÓN DE LOS ESCOLARES

2018 ◽  
Vol 3 (5) ◽  
pp. 27
Author(s):  
Rovinson Yovanni Zambrano Zambrano ◽  
Oscar Santiago Barzaga Sablón
Keyword(s):  
Problem Solving ◽  
Risk Analysis ◽  
School Environment ◽  
Comparative Method ◽  
Educational Institution ◽  
Family Counseling ◽  
Theoretical Research ◽  
Deviant Behaviors ◽  
Deductive Method ◽  
Education Of Students

La vinculación entre la familia y la escuela es esencial para la educación de los estudiantes de cualquier institución educativa. Entre sus funciones más importantes se ubica, la prevención de las posibles conductas desviadas en el ámbito escolar. El presente estudio aborda el comportamiento de la función prevención y solución de problemas de la orientación familiar, desde el análisis de riesgo; al caracterizar su estado actual y proponer una estrategia para el perfeccionamiento de la orientación familiar, para ello se utilizaron fundamentalmente métodos teóricos de investigación como el método hipotético deductivo, la abstracción científica, el método comparativo, el enfoque sistémico estructural funcional y en calidad de complemento, el diagnóstico. Ellos permitieron arribar a los resultados que presentamos, el estudio es descriptivo y causal. Específicamente el análisis toma como estudio de caso las familias de los estudiantes de la unidad educativa “Cecilia Velázquez Murillo” de la ciudad de Jipijapa en el Ecuador. PALABRAS CLAVE: Orientación familiar; solución de problemas; riesgo en la familia.  FAMILY COUNSELING IN THE SOLUTION OF PROBLEMS FROM RISK ANALYSIS  ABSTRACT  The link between family and school is essential for the education of students of any educational institution. Among its most important functions is the prevention of possible deviant behaviors in the school environment. The present study addresses the behavior of the prevention and problem solving function of family counseling, from the risk analysis; by characterizing their current state and proposing a strategy for the improvement of family orientation, fundamentally theoretical research methods such as the hypothetical deductive method, scientific abstraction, the comparative method, the functional structural systemic approach and as a complement were used., the diagnosis. They allowed us to arrive at the results we present, the study is descriptive and causal. Specifically, the analysis takes as case study the families of the students of the educational unit "Cecilia Velázquez Murillo" of the city of Jipijapa in Ecuador. KEYWORDS: Orientation; problem solving; risk in the family.

Valid Signature Detection and Verification for Security of Individual Person

2016 ◽  
Vol 1 (1) ◽  
pp. 50-53 ◽  
Author(s):  
Varun Sharma ◽  
Narpat Singh
Keyword(s):  
Neural Network ◽  
Comparative Analysis ◽  
Recent Work ◽  
Research Work ◽  
Early Research ◽  
Individual Person ◽  
Signature Detection ◽  
Online Signature ◽  
The Right ◽  
Handwritten Signature

In the recent research work, the handwritten signature is a suitable field to detection of valid signature from different environment such online signature and offline signature. In early research work, a lot of unauthorized person put the signature and theft the data in illegal manner from organization or industries. So we have to need identify, the right person on the basis of various parameters that can be detected. In this paper, we have proposed two methods namely LDA and Neural Network for the offline signature from the scan signature image. For efficient research, we have focused the comparative analysis in terms of FRR, SSIM, MSE, and PSNR. These parameters are compared with the early work and the recent work. Our proposed work is more effective and provides the suitable result through our method which leads to existing work. Our method will help to find legal signature of authorized use for security and avoid illegal work.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

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