An Issue of Alternative Forms of Termination of a Public Dispute

2021 ◽  
Vol 16 (12) ◽  
pp. 69-78
Author(s):  
E. S. Koshcheeva ◽  
A. N. Petruneva

Prospects for the introduction of the idea of reconciliation in public disputes are considered by analyzing the features of a substantive public relation, the specifics of a dispute arising in it, the possibility of its "settlement" or "resolution". The authors highlight the problems of determining the objective of ending the dispute, the order and alternative forms of implementation, the possibility of combining and transitioning from one order to another. It is concluded that the use of conciliation procedures in public disputes is possible both at the pre-trial and at the judicial stage. It is proposed to develop and create mechanisms that determine the main conditions for the introduction of conciliation procedures, which would be an alternative to the judicial procedure for resolving the dispute. The proposed amendments will reduce the judicial burden on the consideration and resolution of cases arising from administrative and other public legal relations. The authors analyze the forms of termination of a public dispute both from the position of its settlement on the terms agreed by the parties, and its alternative resolution, while maintaining a balance of private and public interests.

Author(s):  
S. S. Burchik

The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.


Author(s):  
Cachard Olivier

This chapter uses maritime arbitration in Paris as a case study to discuss the possibility of a genuine arbitral case law. This possibility derives from the arbitrator being uniquely placed, in view of his or her legal and methodological freedom, to conduct ‘the free objective search for a rule’. The first section underlines that an arbitrator or an arbitral panel is in the best position to carry out this free objective search for a rule. The second section investigates whether an arbitrator is just adjudicating a peculiar dispute or if, in doing so, his findings may reach further authority. It then discusses the legal grounds given to the award. The third section focuses further on the characteristics of maritime disputes and tries to sort out how a balance between private and public interests is met. It also examines how the market arbitrators consider standard terms.


2008 ◽  
Vol 129 (1) ◽  
pp. 140-148 ◽  
Author(s):  
Peter Putnis

This article examines the political and economic circumstances surrounding the introduction of international telegraphy to Australia in 1872, and analyses the local and international factors that helped shape institutional arrangements for the provision of this service. Its particular, it focuses on the tension between private and public interests in the provision of communication infrastructure, and related issues of public policy, competition (or lack thereof) and pricing.


1978 ◽  
Vol 7 (2) ◽  
pp. 228
Author(s):  
E. Denise Stokes ◽  
Mark Gottdiener

SAGE Open ◽  
2017 ◽  
Vol 7 (3) ◽  
pp. 215824401772158
Author(s):  
Aleksey Pavlovich Anisimov ◽  
Anatoliy Jakovlevich Ryzhenkov

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