scholarly journals Common and distinctive features of judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power

2021 ◽  
pp. 79-86
Author(s):  
I. M. Yusko
Keyword(s):  
Public Authorities ◽  
Distinctive Features ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
The Status ◽  
Administrative Proceedings ◽  
The Cost ◽  
First Time ◽  
Court Mediation

The article examines the place of disputes over appeals against decisions, actions or omissions of the subjects of power in modern conditions. Some scientific views on the classification of types and kinds of mediation as a legal institution are analyzed. Existing models of mediation are identified. It is stated that in the Ukrainian legal system there are two possible models of mediation: judicial and extrajudicial. The own concept of «judicial mediation» is formulated. It is argued that judicial mediation is provided by administrative procedural law in the form of dispute resolution with the participation of a judge. The content of out-of-court mediation and its significance in administrative disputes are revealed. Features and signs of judicial and extrajudicial mediation are described. It is stated that judicial mediation is rarely used in administrative proceedings, and there are no mechanisms for the use of out-of-court mediation. The essence of judicial and extrajudicial within the framework of resolving disputes concerning appeals against decisions, actions or omissions of subjects of power has been studied. Modern scientific approaches to the ratio of components of judicial, extrajudicial mediation and litigation are generalized. It is proved that in science there is no single approach to the characteristics of extrajudicial and judicial mediation. For the first time, the author provides a comparative description of the main elements of judicial and extrajudicial mediation in disputes concerning the appeal of decisions, actions or omissions of the subjects of power. The role of judicial and extrajudicial mediation as legal institutions is defined. The possibility of using judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power has been established. The basic principles of judicial and extrajudicial mediation are formulated. The status of a mediator in judicial and extrajudicial mediation is revealed. The functions of the mediator are highlighted. The duration of judicial and out-of-court mediation procedures is stipulated. The cost of judicial and extrajudicial mediation procedures is substantiated. The essence and content of the result of judicial and extrajudicial mediation procedures are determined. It is proved that judicial and extrajudicial mediation in disputes with public authorities and their officials have their advantages and disadvantages. In particular, it was found that, compared to judicial, out-of-court mediation in disputes over appeals against decisions, actions or omissions of subjects of power is a more effective conciliation procedure, but there are questions about the level of professionalism and education of the mediator. Ways are provided to improve the implementation of judicial and extrajudicial mediation in resolving disputes concerning appeals against decisions, actions or omissions of the subjects of power.

scholarly journals A METHODOLOGY TO SUPPORT COMPANIES IN THE FIRST STEPS TOWARDS DE-MANUFACTURING

2021 ◽  
Vol 1 ◽  
pp. 131-140
Author(s):  
Federica Cappelletti ◽  
Marta Rossi ◽  
Michele Germani ◽  
Mohammad Shadman Hanif
Keyword(s):  
Environmental Impact ◽  
End Of Life ◽  
Design Stage ◽  
Life Strategies ◽  
Disassembly Sequence ◽  
The Status ◽  
The Cost ◽  
Technical Solutions ◽  
First Time ◽  
Complex Activities

AbstractDe-manufacturing and re-manufacturing are fundamental technical solutions to efficiently recover value from post-use products. Disassembly in one of the most complex activities in de-manufacturing because i) the more manual it is the higher is its cost, ii) disassembly times are variable due to uncertainty of conditions of products reaching their EoL, and iii) because it is necessary to know which components to disassemble to balance the cost of disassembly. The paper proposes a methodology that finds ways of applications: it can be applied at the design stage to detect space for product design improvements, and it also represents a baseline from organizations approaching de-manufacturing for the first time. The methodology consists of four main steps, in which firstly targets components are identified, according to their environmental impact; secondly their disassembly sequence is qualitatively evaluated, and successively it is quantitatively determined via disassembly times, predicting also the status of the component at their End of Life. The aim of the methodology is reached at the fourth phase when alternative, eco-friendlier End of Life strategies are proposed, verified, and chosen.

The Status, Development and Future Role of Radiobeacon Differential GNSS

1998 ◽  
Vol 51 (2) ◽  
pp. 152-158 ◽  
Author(s):  
N. Ward
Keyword(s):  
Global Navigation Satellite Systems ◽  
Current Status ◽  
Automatic Identification ◽  
Future Role ◽  
Satellite Systems ◽  
Advantages And Disadvantages ◽  
The Status ◽  
Differential Corrections ◽  
Global Navigation Satellite

Marine radiobeacons have been used to broadcast differential corrections for global navigation satellite systems (DGNSS) for nearly a decade. The method has become the accepted international standard for maritime applications. The background to the development of the system is described and the current status of radiobeacon DGNSS services around the world reported. The applications are discussed, including the function of radiobeacon DGNSS as the position sensor within integrated systems, together with the performance requirements imposed by associated systems such as ECDIS and Automatic Identification Systems. The advantages and disadvantages of the radiobeacon system in regulatory, administrative and technical terms are discussed and the potential for development of the system is considered. The future role of radiobeacon DGNSS in the overall mix of systems is assessed taking into account the introduction of geo-stationary overlays, and possibly Loran-C, for provision of DGNSS corrections.

Court practice in the mechanism of legal monitoring

2020 ◽  
Author(s):  
Mariya Glazkova
Keyword(s):  
Civil Society ◽  
Complete Information ◽  
Public Authorities ◽  
Procedural Law ◽  
Judicial Practice ◽  
Business Structures ◽  
Normative Foundations ◽  
Local Levels

The manual discusses the role of judicial practice in the implementation of the mechanism of legal monitoring on the Federal, regional and local levels. It justifies significance of judicial practice as an integral part of the legal monitoring, since it is the judiciary, which is constant- Janno being at the turn of sometimes conflicting interests to have the most complete information about the quality of legislation. Describes the theoretical and normative foundations of legal monitoring, its organization and influence on the development of procedural law and the legal system. Special attention given the anti-corruption monitoring. The work is aimed at resolving issues of implementation of legal monitoring in the activities of public authorities, business-structures, public organizations and other civil society institutions in order to make informed proposals on optimization of the Russian legislation. For deputies, employees of state and municipal authorities, representatives of civil society institutions, scientific workers, teachers, postgraduates and students of law universities and faculties.

Les disciplines herméneutiques et la théorie critique sont-elles des formes de la rationalité scientifique?

Dialogue ◽  
1999 ◽  
Vol 38 (2) ◽  
pp. 297-326
Author(s):  
Stéphane Courtois
Keyword(s):  
Social Sciences ◽  
Communicative Action ◽  
Point Of View ◽  
Scientific Enterprise ◽  
Theory Of Communicative Action ◽  
The Social ◽  
The Status ◽  
First Time ◽  
Critical Social

AbstractThe general aim of this paper is to question the idea that hermeneutic and critical social sciences have to be conceived as specific embodiments of the scientific enterprise. This idea is rather implicit in Habermas's work, but has its grounds in his thesis about the argumentative unity of all sciences, upheld for the first time in 1973. Such a point of view turns out to be untenable for two reasons. First, the indiscriminating inclusion of the hermeneutic and critical social sciences in scientific enterprise raises problems of consistency with regard to the systematic guidelines of The Theory of Communicative Action. Moreover, the thesis of argumentative unity of the sciences itself is incompatible with Habermas's methodological conception of the role of Verstehen in the social sciences developed in section 1.4 of the book. Finally, the author argues that this conception calls for another understanding of the status and role of the hermeneutic and critical disciplines, which is outlined in some detail.

scholarly journals The Wolter Family: Ways and Contexts of Emigration to Lithuania

Lituanistica ◽  
2020 ◽  
Vol 65 (4) ◽  
Author(s):  
Aurelijus Gieda
Keyword(s):  
Academic Career ◽  
Academic Work ◽  
Point Of View ◽  
Left Behind ◽  
The Status ◽  
History Of ◽  
New Material ◽  
Academy Of Sciences ◽  
First Time

It has been emphasised on several occasions that Professor Eduard Wolter was a prominent figure and a broad-profile humanitarian in the history of Lithuanian humanities, who for many decades was actively interested in Lithuanian studies, among other things. The revolutionary changes in Russia divided Wolter’s academic career into two unequal parts: nearly forty years of academic work in Tsarist Russia and thirteen years in Kaunas. Bearing in mind the status of academic Lithuanian studies at the beginning of the twentieth century, his was an unprecedented case in Lithuania until 1940. We can claim that before 1940, no other Lithuanian humanitarian had such a long academic career of several decades devoted to Lithuanian studies. However, we still do not have an academic biography of Wolter, and Stasė Bušmienė’s work Eduardas Volteris, published almost 50 years ago, remains the most comprehensive publication in the field. Because of these circumstances, we must search for new problematic aspects, updated interpretations, and new material-based approaches. The article analyses the context of the revolutionary changes in Russia, the role of Augustinas Voldemaras in the history of the Wolters’ emigration, and Prof. Wolter’s recurrent concern about the academic possessions he had left in St. Petersburg when he was already in Lithuania. This article seeks new solutions: the emigration of the Wolter family to Lithuania is viewed as a potentially crucial knot in the professor’s biography. It allows understanding and linking two seemingly very different stages in his biography (Tsarist Russia and independent Lithuania). Lithuanian research interests and the related circle of like-minded people that had evolved in the course of many decades form a consistent deep-rooted epicentre of Prof. Wolter’s biography. The research method chosen imparts inner integrity to the biography of Prof. Wolter and an opportunity to look into the path of this scholar, who was also a member of the Russian Academy of Sciences, in the long term perspective. This text develops and substantiates the thesis that scholars’ emigration from Bolshevik Russia took place under dire circumstances: they had to leave not only their homes but also their libraries behind, their manuscripts and much of the material accumulated over many decades of academic work. Also, from the point of view of a collective biography, the context of the loss of the old University of St. Petersburg after the Bolshevik takeover in Russia is shown. While in Lithuania, Prof. Wolter made great efforts to recover the manuscripts, the library, and the collections he had left behind in St. Petersburg. This moment justifies the emigration of the Wolter family to Lithuania as a relevant key to the whole biography of Prof. Wolter. For the first time in historiography, the article gives a detailed analysis of Augustinas Voldemaras’ 53 letters to Alexandra Wolter (translated and published by Gediminas Rudis). The letters offer an interesting and characteristic description of the actual circumstances of the emigration of the Wolter family to Lithuania. This correspondence reveals a special connection between Voldemaras and the Wolter family. Voldemaras, who had lived in the Wolters’ house in St. Petersburg for over a decade, became a true family member, and their communication in the process of the emigration of the Wolter family was best described as close familial relations. In this way, the article sheds light on the role of Prof. Voldemaras in the relocation of the Wolter family to Lithuania, which did not find reflection either in Wolter’s biography or in general historiography.

scholarly journals Interpretation of the Constitutional provisions relating to international law

2017 ◽  
Vol 6 (2) ◽  
pp. 25
Author(s):  
Michele Olivier
Keyword(s):  
International Law ◽  
South African ◽  
International Agreements ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
Customary International Law ◽  
The Status ◽  
First Time ◽  
Domestic Law

The 1993 Constitution,1 for the first time in South African history accorded constitutional recognition to international law, thereby bringing an end to the debate on the status of international law in South African domestic law. This step was a symbolic break from the apartheid legal system, which was closely associated with the violation of international law and indicated to the international community that South Africa was willing to abide by internationally accepted rules. More important, however, for South African lawyers are the fundamental changes the constitutional regulation of international law introduced into South African law. The 1993 Constitution dealt with the conclusion of international agreements (sections 82(1)(i) and 231(2)), the status of international law in South African law (section 231(3) and (4)) and the role of international law in interpreting the chapter on fundamental rights (section 35(1)). These provisions were substantially taken over by the 1996 Constitution. The provisions relating to the entry into international agreements and the status thereof in terms of South African law are once again dealt with under section 231. The provisions on customary international law are dealt with separately under section 232. Section 233 deals with the role of international law in the interpretation of legislation, whilst section 39, the equivalent of section 35 of the 1993 Constitution, provides for international law in interpreting the Bill of Rights.

Current state of activity of public governance bodies in the field of waste management

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Gavrylyuk Oleksandr ◽  
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Governance ◽  
Public Authorities ◽  
Administrative Functions ◽  
Current State ◽  
The Status ◽  
Management Functions ◽  
Waste Handling

The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts

Defense of local autonomy in the Constitutional Court of Spain

2020 ◽  
Vol 29 (5) ◽  
pp. 89-111
Author(s):  
Evgeny Komlev
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Local Autonomy ◽  
Legal Doctrine ◽  
Public Authorities ◽  
Autonomous Communities ◽  
Advantages And Disadvantages ◽  
Formal Requirements

The article examines the procedure for considering complaints about violation of local autonomy in the Constitutional Court of Spain. The study is based on the analysis of legal regulation of such a category of cases as conflicts in defense of local autonomy and the relevant practice of the Constitutional Court of Spain. The aim of the study is to identify the features of Spanish procedure for protecting the local autonomy by means of constitutional justice, to determine the main advantages and disadvantages of the legal regulation of this procedure. As a result of the analysis, the author comes to the conclusion that the mechanism for defense of the local autonomy in the Constitutional Court of Spain is not free from significant drawbacks. Some of such drawbacks are mainly procedural, based on the relevant legal regulation (among them – excessive requirements for the municipalities or provinces in terms of the number of territorial entities authorized to lodge the complaint; the existence of some formal requirements that can be abolished without reduction in effectiveness of justice). Positions rooted in Spanish legislation and practice of the Constitutional Court of Spain regarding the place and role of local self-government bodies in the system of public authorities in some cases also have a negative impact on the limits of defense of the local autonomy. Such positions are often taken from German legal doctrine, but they are not always successfully adapted within the framework of the Spanish legal system. It seems that the drawbacks noted in the article do not allow to completely attain the aims for which local bodies were empowered to apply to the Constitutional Court of Spain. Among the advantages of the procedure for considering complaints about violation of local autonomy are the flexible approach of the legislator and the Constitutional Court of Spain to a number of issues; taking into account the historical and national (including linguistic) characteristics of Autonomous Communities; the interpretation of the disputed issues by the Constitutional Court of Spain mainly in favor of the applicants. The article formulates ideas regarding the possible improvement of the procedure for defense of the local autonomy in the Constitutional Court of Spain.

scholarly journals Optimized Model of Experimental Teaching Plan Based on Improved by Clear Theory

2021 ◽  
Vol 275 ◽  
pp. 03031
Author(s):  
Xinfeng Xia ◽  
Weiwei Lv
Keyword(s):  
Fuzzy Theory ◽  
Triangular Fuzzy Number ◽  
University Teaching ◽  
Advantages And Disadvantages ◽  
Experimental Teaching ◽  
The Status ◽  
Optimized Model ◽  
Institute Of Technology ◽  
Beijing Institute

With the continuous advancement of the “Double First-Class” university plan, the status and role of experimental teaching in university teaching has become increasingly prominent. Chosen as one of the “Double First-Class” universities, Beijing Institute of Technology has also carried out a series of experimental teaching reforms, and has produced different reform plans in the laboratory of “Geometrical Accuracy Specifications”, School of Mechanical Engineering. In order to optimize different schemes, the experimental teaching center innovatively proposes an optimized model improved by clear theory. This is a decisionmaking method based on triangular fuzzy number and clear theory. Utilizing the fuzzy theory and clear theory, the advantages and disadvantages of the alternatives can be ranked more accurately, the influence of subjective and objective factors in the process of selecting the alternatives can be reduced, and new methods can be provided for decision makers to choose the best alternative.

Strapdown Mirror Control Technology

2013 ◽  
Vol 427-429 ◽  
pp. 1769-1771
Author(s):  
Sheng Wang ◽  
Xiang Hong Zeng
Keyword(s):  
Servo Control ◽  
Control Technology ◽  
Simulation Studies ◽  
Tracking Accuracy ◽  
Improve Performance ◽  
Advantages And Disadvantages ◽  
Platform Process ◽  
Depth Analysis ◽  
The Status

This paper has described the status and role of the strapdown mirror control technology. It has analyzed the emphasis and difficulty in the study. In order to achieve higher system reliability and improve performance and eliminate all kinds of error of strapdown stable platform process what are stabilization while reducing the volume. In-depth analysis of the swing ship is on strapdown platform and mirror effect. The boat rocking and the sight stabilization mathematical model of mirror rotating. A study on the simulation what uses the MATLAB. By establishing the model of boat rocking, what analysis of the swings influence on the mirror steady accuracy and tracking accuracy. The existing stable servo control and principle has been detailed analysis. Through the simulation studies what compared their advantages and disadvantages. Also it has studied the coning error compensation method and the kalman filtering what influenced on the accuracy of strapdown mirror control system.

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