scholarly journals “Publicity” and “Confidentiality in Arbitral Judiciary: Approaches to Understanding and Application

2021 ◽  
pp. 95-108
Author(s):  
Anna Yanovytska
Keyword(s):  
Dispute Resolution ◽  
Legal Regulation ◽  
Point Of View ◽  
The Public ◽  
Legal Proceeding ◽  
Regulatory Restriction

The growing interest in alternative forms of dispute resolution has prompted attention to the peculiarities of the application of the principles of publicity and confidentiality in the arbitration. It is determined that the observance of the principle of publicityof the legal proceeding is the basis for ensuring justice. However, approaches to the application of this principle in arbitration differ both from the point of view of researchers and within the framework of legal regulation at the national and international levels. Some believe that the application of the principle of publicity will destroy the features of arbitration as such. However, the presented article demonstrates other approaches. The position was supported that the principle of confidentiality should be distinguished from the concepts of “privacy” or “closed trial”. In this context, publicity is often compared to concepts such as “openness”, “clarity” and “transparency” of the proceedings. Of concern is some regulatory restriction on the application of the principle of publicity, which affects the level of awareness of the activities of arbitration courts among the public and lawyers who intend to use alternative forms of dispute resolution. It is hoped that such further research will help solve similar problems.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Problem aspects of mediation dispute resolution

2020 ◽  
pp. 215-233
Author(s):  
Saida Assanova ◽  
Serikkali Tynybekov ◽  
Arkhat Abikenov ◽  
Sarsengaly Aldashev ◽  
Gulyiya Mukaldyeva
Keyword(s):  
Dispute Resolution ◽  
Technical Progress ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Scientific Study ◽  
Foreign Countries ◽  
The Subject ◽  
Points Of View ◽  
The Republic

Legal features of dispute resolution in the order of mediation are of particular in-terest in connection with the relatively new and unexamined, from a scientific point of view, phenomenon of modernity, arising from increasing processes of globalization and internationalization of legal systems, as well as scientific and technical progress. This article is devoted to the scientific study of the international legal regulation of such phenomena as mediation on the example of the analysis of the legislation of foreign countries, and law of the Republic of Kazakhstan. This article presents various points of view of international and Kazakh scientists on the subject of dispute resolution in the mediation procedure. It was concluded that the mediation has a number of advantages, which satisfies the need of a person, society and the state to solve conflicts quickly and efficiently with minimal losses.

scholarly journals ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU

2020 ◽  
pp. 61-66
Author(s):  
O. Terekh
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Labour Relations ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Comprehensive Information ◽  
Labour Disputes

This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.

scholarly journals A judicial review of the inactivity of public administration in the Slovak Republic

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 55-64
Author(s):  
Matej Horvat
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
The Public ◽  
Justice Procedure ◽  
Legal Remedies ◽  
Administrative Justice

The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

FUNDAMENTAL AND APPLIED SCIENTIFIC RESEARCH: сб.науч.тр./ OEAPS Inc.; редкол.: Флора Бертран (отв.ред.) [и др.]. - Берлин, Германия : OEAPS Inc., 2018. - 58 С.

2018 ◽  
Author(s):  
Мария Григорьевна Алпатова ◽  
Мария Игоревна Щеглова ◽  
Elmira Kalybaevna Adil’bekova ◽  
Nuradin Alibaev ◽  
Arunas Svitojus
Keyword(s):  
Service Sector ◽  
Applied Research ◽  
Point Of View ◽  
Scientific Quality ◽  
Final Decision ◽  
Main Criterion ◽  
The Public ◽  
Peer Reviewers ◽  
Verification Process

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research. The form of the conference: in absentia, without specifying the form in the collection of articles. Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference. There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.

FUNDAMENTAL AND APPLIED SCIENTIFIC RESEARCH April 2019: сб.науч.тр./ OEAPS Inc.; редкол.: Флора Бертран (отв.ред.) [и др.]. - Берлин, Германия : OEAPS Inc., 2019. - 98 C.

2019 ◽  
Author(s):  
Изабелла Станиславовна Чибисова ◽  
Диана Ильгизаровна Шарипова ◽  
Альфия Галиевна Зулькарнаева ◽  
Ксения Александровна Дулова ◽  
Садег Амирзадеган ◽  
...  
Keyword(s):  
Service Sector ◽  
Applied Research ◽  
Point Of View ◽  
Scientific Quality ◽  
Final Decision ◽  
Main Criterion ◽  
The Public ◽  
Peer Reviewers ◽  
Verification Process

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of basic science and applied research. We provide a platform for discussions on innovative, theoretical and empirical research. The form of the conference: in absentia, without specifying the form in the collection of articles. Working languages: Russian, English Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates, students are invited to participate in the conference. There is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final. The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important. Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.

Monumentality and the Roman Empire

2007 ◽  
Author(s):  
Edmund Thomas
Keyword(s):  
Roman Empire ◽  
Early Modern ◽  
Point Of View ◽  
Full Length ◽  
Classical Antiquity ◽  
Early Modern Europe ◽  
Close Link ◽  
The Public ◽  
Roman Italy

The quality of "monumentality" is attributed to the buildings of few historical epochs or cultures more frequently or consistently than to those of the Roman Empire. It is this quality that has helped to make them enduring models for builders of later periods. This extensively illustrated book, the first full-length study of the concept of monumentality in Classical Antiquity, asks what it is that the notion encompasses and how significant it was for the Romans themselves in molding their individual or collective aspirations and identities. Although no single word existed in antiquity for the qualities that modern authors regard as making up that term, its Latin derivation--from monumentum, "a monument"--attests plainly to the presence of the concept in the mentalities of ancient Romans, and the development of that notion through the Roman era laid the foundation for the classical ideal of monumentality, which reached a height in early modern Europe. This book is also the first full-length study of architecture in the Antonine Age--when it is generally agreed the Roman Empire was at its height. By exploring the public architecture of Roman Italy and both Western and Eastern provinces of the Roman Empire from the point of view of the benefactors who funded such buildings, the architects who designed them, and the public who used and experienced them, Edmund Thomas analyzes the reasons why Roman builders sought to construct monumental buildings and uncovers the close link between architectural monumentality and the identity and ideology of the Roman Empire itself.

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