scholarly journals The problem of the parties’ explanations as evidence in arbitration courts

2021 ◽  
Vol 16 (1) ◽  
pp. 25-48
Author(s):  
A. R. Sultanov
Keyword(s):  
Effective Means ◽  
Negative Attitude ◽  
The State ◽  
Self Control ◽  
Procedural Law ◽  
Arbitration Process ◽  
Judicial Errors ◽  
The One ◽  
New Evidence ◽  
Miscarriage Of Justice

The article examines the problem of the parties explanations as evidence in arbitration courts. The author analyzes this problem through the prism of the admissibility of lies in the arbitration process. This problem is resolved from both legal and philosophical and ethical positions. The untruth is something that destroys trust the foundation of society, among other things, it undermines the credibility of the court, which accepts a lie; a lie destroys the person himself. The author reasonably believes that the one who considers a lie in court to be permissible allows the victory of untruth in court, thereby contributing to the transformation of a liar into a triumphant villain with the complicity of the court. Lying leads to dysfunction of justice, allowing lies in the trial is contrary to the very foundations of justice. The entry into force of a judgment based on a lie in one dispute only gives rise to a new dispute between the same parties. The author proves that a negative attitude towards lies is characteristic of both substantive and procedural law. It is concluded that the availability of effective means of protection against lies in the process is consistent with the principle of maintaining citizens confidence in the law and the actions of the state; justice is expected from the courts, not the encouragement of lies and deceit. The author reveals a contradiction between the attitude to judicial errors formed in the Soviet era and the consideration of the procedure of revision based on newly discovered circumstances only to the procedure of revision in the order of self-control, and the actual task of the court to correct judicial errors. It is rightly noted that this approach is extremely difficult to overcome, since new evidence showing the lie of the party is not considered by the courts as newly discovered circumstances. Meanwhile, a decision based on a lie is a miscarriage of justice.

scholarly journals Vindicae contra tyrannos: Apology of the state as a medium of social integration

Napredak ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 35-56
Author(s):  
Milan Brdar
Keyword(s):  
Political Theory ◽  
Common Good ◽  
Negative Attitude ◽  
The State ◽  
Negative Attitudes ◽  
Transitional Societies ◽  
Political Role ◽  
Historical Fact ◽  
The One

In this article author presents an apology of the state in relation to modern political theory and humanity scholars and persistent criticism of such an important institution. The first section of the article provides a reconstruction of the origins of the negative attitude toward the state in liberalism, Marxism and conservativism, which have resulted in ridiculous predictions regarding the disappearance of the nation state in the context of globalization. In the second part the author asserts that the state is the unavoidable medium of modern social synthesis and deals with the problem of the one-sidedness modern ideologies and their programs of social synthesis. The principles necessary to perform this task are divided amongst ideologies (freedom - liberalism, equality - Marxism, community - conservativism), and due to this historical fact, we have conflict between them instead of complementarity. This leads to the conclusion that we ought to get rid of devotion to one ideology in favor of reform of our way of thinking. The final section of the article provides a description of the phenomena present transitional societies and the leading political role of intellectuals. In the author's view this unhappy occurrence is due to inadequate education in the area of modern political theory, which due to its negative attitude toward the state reduces our political skill. The first step to avoiding this requires the abandonment of negative attitudes toward the state and the fostering of respect of the state as the protector of the "common good" and the guarantor of liberty, necessary for the improvement of people's lives, in keeping with Aristotle's statement.

scholarly journals Administrative Law in the Time of Corona(virus)

2021 ◽  
Vol 6 (1) ◽  
pp. 35-50
Author(s):  
István Hoffman ◽  
István Balázs
Keyword(s):  
Public Discourse ◽  
Central Government ◽  
Administrative Law ◽  
The State ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Second Tier ◽  
The Government ◽  
The One ◽  
Simplified Procedure

The Hungarian administrative law has been significantly impacted by the Covid-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two, opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (megye), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a ‘trash can’ of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the ‘legislative background’ of the pandemic offered an opportunity to the central government to pass significant reforms. From 2021 a new phenomenon can be observed: the state of danger has remained, but the majority of the restrictions have been terminated by the Government of Hungary. Therefore, the justification of the state of danger during the summer of 2021 became controversial in Hungarian public discourse.

scholarly journals Studying the relationship between the features of coping behavior and social activity of an individual in conditions of social and labor uncertainty

2020 ◽  
Vol 47 (5) ◽  
pp. 357-367
Author(s):  
Natalia V. Usova ◽  
Keyword(s):  
Social Life ◽  
Effective Means ◽  
Social Activity ◽  
Cognitive Activity ◽  
Coping Behavior ◽  
Self Control ◽  
The One ◽  
Behavior Characteristics ◽  
Social Uncertainty ◽  
The Relationship

Solving problems from the sphere of professional and social life, a person faces situations of uncertainty. The inability to predict the course of events and their dynamics creates the tension of physical, spiritual, professional and psychosocial forces, which, on the one hand, makes adjustments to the social activity of a person and, on the other hand, transforms the processes of cognitive activity, contributing to a reassessment of the resulting situation and the search for effective means of coping with it. The empirical part of the work was carried out on a sample of 110 respondents aged 15 to 25, using specially selected methods aimed at studying the relationship between the features of coping behavior of young people and their social activity in conditions of uncertainty. The statistical analysis was carried out using the comparative and correlation analysis. The results obtained allowed stating that the prerequisites for overcoming the situation of social and labor uncertainty for men and women is a varied ratio of coping behavior characteristics and forms of social activity. Women demonstrate a universal undifferentiated ratio of the strategies of “taking responsibility” and “positive revaluation” with the Internet network (r=0.47; p<0.01), leisure-communicative (r=0.39; p<0.01), educational-developmental activity (r=0.41; p<0.01) both in a labor situation and in a situation of social uncertainty. Men tend to have a more differentiated ratio of coping behavior characteristics and forms of social activity. Specific for a situation of social uncertainty is the ratio of the altruistic (r=0.46; p<0.01) and socio-economic (r=0.42; p <0.01) activity of men with the manifestation of a self-control strategy. In a situation of labor uncertainty, the ratio of protest activity and a positive revaluation strategy is productive (r=0.43; p<0.01).

scholarly journals Removal of Public Officers from Office: Law and Justice in a Flux

2013 ◽  
Vol 5 (1) ◽  
pp. 89-97
Author(s):  
KO Fayokun
Keyword(s):  
Judicial Review ◽  
Public Management ◽  
Bargaining Power ◽  
Case Law ◽  
The State ◽  
Freedom Of Contract ◽  
Procedural Law ◽  
Changing Trends ◽  
Law And Justice ◽  
The One

This paper examined the state of the law on removal of public officers from office. It observed that there are competing interests of labour and industry to be served by the rules on disengagement from public office. Workers need security of employment while industries need discipline and efficiency to survive. The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author’s appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review. On the one hand is the attempt to maintain freedom of contract, which assumes the equal bargaining power of the parties. On the other hand is the need to give effect to statutory provisions which secure the tenure of public officers above that of the ordinary employee through legislation. The paper concluded that the divergent interests are not necessarily in conflict; they can be reconciled and adjusted to be mutually complementary.Keywords · Public officers · Discipline · Public management

Value of psychotherapeutic self-control in energy saving at experts of dangerous professions

2018 ◽  
pp. 56-65
Author(s):  
Е.Ю. Соколов ◽  
А.И. Адаев ◽  
А.А. Фомин ◽  
Л.Г. Магурдумова
Keyword(s):  
Energy Saving ◽  
Military Personnel ◽  
The State ◽  
Self Control ◽  
Preliminary Training ◽  
Control Methods ◽  
State Of Health ◽  
Emergency Situations ◽  
The Military ◽  
Business Trip

In article the importance of use of psychotherapeutic actions of self-control by employees of a dangerous profession is stated during the work in emergency situations. The state of health of fighters who before the direction in business trip were trained previously in self-control methods at different stages of performance of a fighting task, with a condition of group of the military personnel who didn’t pass preliminary training in energy saving methods is compared.

The Munich conference of Minister-Presidents of German lands in 1947

2020 ◽  
Vol 2020 (10-2) ◽  
pp. 86-98
Author(s):  
Ivan Popov
Keyword(s):  
The State ◽  
State Governments ◽  
The West ◽  
Constitutional Development ◽  
The Moment ◽  
The One

The paper deals with the organization and decisions of the conference of the Minister-Presidents of German lands in Munich on June 6-7, 1947, which became the one and only meeting of the heads of the state governments of the western and eastern occupation zones before the division of Germany. The conference was the first experience of national positioning of the regional elite and clearly demonstrated that by the middle of 1947, not only between the allies, but also among German politicians, the incompatibility of perspectives of further constitutional development was existent and all the basic conditions for the division of Germany became ripe. Munich was the last significant demonstration of this disunity and the moment of the final turn towards the three-zone orientation of the West German elite.

Failure Analysis Due to Slightly Unetched Hard Mask Using Nano Probe

2013 ◽  
Author(s):  
Jong Hak Lee ◽  
Jong Eun Kim ◽  
Chang Su Park ◽  
Nam Il Kim ◽  
Jang Won Moon ◽  
...  
Keyword(s):  
Leakage Current ◽  
Circuit Simulation ◽  
The State ◽  
Physical Analysis ◽  
Cross Sectional ◽  
Hard Mask ◽  
Current Flows ◽  
Voltage Contrast ◽  
The One ◽  
Zero Voltage

Abstract In this work, a slightly unetched gate hard mask failure was analyzed by nano probing. Although unetched hard mask failures are commonly detected from the cross sectional view with FIB or FIB-TEM and planar view with the voltage contrast, in this case of the very slightly unetched hard mask, it was difficult to find the defects within the failed area by physical analysis methods. FIB is useful due to its function of milling and checking from the one region to another region within the suspected area, but the defect, located under contact was very tiny. So, it could not be detected in the tilted-view of the FIB. However, the state of the failure could be understood from the electrical analysis using a nano probe due to its ability to probe contact nodes across the fail area. Among the transistors in the fail area, one transistor’s characteristics showed higher leakage current and lower ON current than expected. After physical analysis, slightly remained hard mask was detected by TEM. Chemical processing was followed to determine the gate electrode (WSi2) connection to tungsten contact. It was also proven that when gate is floated, more leakage current flows compared to the state that the zero voltage is applied to the gate. This was not verified by circuit simulation due to the floating nodes.

De la gestión local a la gobernanza global: actores e interacciones multiniveles en la gestión del agua en la ciudad de México

2011 ◽  
Vol 1 (3) ◽  
pp. 34-66
Author(s):  
Joyce Valdovinos
Keyword(s):  
Private Sector ◽  
Water Governance ◽  
The State ◽  
Public Authorities ◽  
Service Contracts ◽  
Governance Model ◽  
Role Of The State ◽  
The One

The provision of water services has traditionally been considered a responsibility of the state. During the late 1980s, the private sector emerged as a key actor in the provision of public services. Mexico City was no exception to this trend and public authorities awarded service contracts to four private consortia in 1993. Through consideration of this case study, two main questions arise: First, why do public authorities establish partnerships with the private sector? Second, what are the implications of these partnerships for water governance? This article focuses, on the one hand, on the conceptual debate of water as a public and/or private good, while identifying new trends and strategies carried out by private operators. On the other hand, it analyzes the role of the state and its relationships with other actors through a governance model characterized by partnerships and multilevel networks.Spanish La provisión del servicio del agua ha sido tradicionalmente considerada como una responsabilidad del Estado. A finales de la década de 1980, el sector privado emerge como un actor clave en el suministro de servicios públicos. La ciudad de México no escapa a esta tendencia y en 1993 las autoridades públicas firman contratos de servicios con cuatro consorcios privados. A través de este estudio de caso, dos preguntas son planteadas: ¿Por qué las autoridades públicas establecen partenariados con el sector privado? ¿Cuáles son las implicaciones de dichos partenariados en la gobernanza del agua? Este artículo aborda por una parte, el debate conceptual del agua como bien público y/o privado, identificando nuevas tendencias y estrategias de los operadores privados. Por otra parte, se analizan el rol y las relaciones del Estado con otros actores a través de un modelo de gobernanza, definido en términos de partenariados y redes multi-niveles.French Les services de l'eau ont été traditionnellement considérés comme une responsabilité de l'État. À la fin des années 1980, le secteur privé est apparu comme un acteur clé dans la fourniture de certains services publics. La ville de Mexico n'a pas échappé à cette tendance et en 1993, les autorités publiques ont signé des contrats de services avec quatre consortiums privés. À travers cette étude de cas, nous nous interrogerons sur deux aspects : pourquoi les autorités publiques établissentelles des partenariats avec le secteur privé ? Quelles sont les implications de ces partenariats sur la gouvernance de l'eau ? Cet article s'intéresse, d'une part, au débat conceptuel sur l'eau en tant que bien public et/ou privé, en identifiant les tendances nouvelles et les stratégies menées par les opérateurs privés. D'autre part y sont analysés le rôle de l'État et ses relations avec d'autres acteurs à travers un modèle de gouvernance, défini en termes de partenariats, et des réseaux multi-niveaux.

RESTRICTIVE NATURE AS A SIGN OF INTERIM MEASURES IN THE ARBITRATION PROCESS

2020 ◽  
Author(s):  
Полина Игоревна Калинина
Keyword(s):  
Procedural Law ◽  
Arbitration Process ◽  
Definition Of ◽  
Interim Measures

Данная статья посвящается ограничительному характеру обеспечительных мер в Арбитражном суде. В работе даётся законодательное определение институту обеспечительных мер, а также указываются основные признаки, закреплённые в процессуальном законе. Поскольку уделяется внимание ограничительному характеру, как признаку мер, в работе приводятся виды обеспечительных мер, через которые проводится анализ и исследование данного признака, характеризующего данные меры. This article is devoted to the restrictive nature of interim measures in Arbitration. The paper provides a legislative definition of the institution of interim measures, as well as specifies the main features enshrined in the procedural law. Since attention is paid to the restrictive nature as a feature of measures, the paper presents the types of interim measures through which the analysis and research of this feature that characterizes these measures is carried out.

Bastard Feudalism and the Framing of Thirteenth-Century England

2018 ◽  
Author(s):  
Peter Coss
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
The State ◽  
The Other ◽  
Great Work ◽  
Early Middle Ages ◽  
The One ◽  
The Relationship

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.

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