CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Zagadnienia konstrukcyjne umów publicznoprawnych

2019 ◽  
pp. 139-157
Author(s):  
Lucyna Staniszewska
Keyword(s):  
Public Law ◽  
Legal Provisions ◽  
Legal Relationship ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
Administrative Body ◽  
Legal Forms

The formulation of legal provisions by the administration does not have to take the form of administrative decisions. One of the legal forms of the administration is public-law contracts. This is one of the forms of administration which still requires a further scientific analysis. Contracts are useful instruments, and therefore it may be worth looking at their different types and construction. They may be classified according to the parties to the legal relationship created. There are two types of contracts, i.e. between admin­istrative bodies and between an administrative body and an entity. The doctrine refers to contracts of the latter type as administrative and legal agreements. Such agreements have developed in the Polish legal order after the systemic changes. Unfortunately, the legislator has not provided their legal definition, they are regu­lated in special laws, most often by indicating contractual provisions constituting essentialia negotii. The doctrine does not explicitly define the character of the con­tracts concluded by the administrative body and its contractor, nor has the final characteristics of the content of contracts in the administration as a whole been made. There is still a lack of consensus as to the construction of public law contracts and the rules governing them. There is an urgent need to regulate the essence of administrative contracts, and in particular to indicate their construction and legal nature, in order to better protect legal entities entering into them. The purpose of public-law contracts is to improve the quality of administration, and increase the efficiency of administrative activities. More administrative contracts also mean higher decentralisation of the state. Moreover, the idea of extending the use of public-law contracts is consistent with the principle of the participatory role of citizens in achieving public effects. The Polish legislator may draw on the regulations of other countries, for instance Germany, where public-law contracts have received legal definitions.

scholarly journals The legal regulatory model of virtual currency circulation: A socio-legal study

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Nikolay Mikhailovich Artemov ◽  
Lana Lvovna Arzumanova ◽  
Alexander Alexandrovich Sitnik ◽  
Yulia Leontyevna Smirnikova ◽  
Sergey Zenin
Keyword(s):  
Government Regulation ◽  
Social Research ◽  
Legal Regulation ◽  
State Regulation ◽  
Legal Analysis ◽  
Virtual Currency ◽  
Legal Study ◽  
Research Survey ◽  
Legal Nature ◽  
The Usa

The article examines a model of legal circulation of virtual currency. The issue of the legal nature of virtual currencies remains controversial. This generates a problem of choosing the most suitable and effective approach to regulation of virtual currencies circulation. The article analyzes approaches to determining the legal nature of cryptocurrencies and the experience of state regulation in Switzerland, Japan, the USA and China. Methods of legal analysis, synthesis, specific scientific methods, and social research survey have been employed in this article. As a result of the conducted socio-legal study, it has been found that there is no unified strategy of legal regulation of virtual currencies, which affects their perception by recipients. This conclusion is based on the comparative analysis of legal regulation of crypto­currencies circulation in such countries as Japan, the USA, and Switzerland. By contrast with these countries, China has significantly restricted usage of cryptocurrencies, actually having chosen the way of banning virtual currencies. The inconsistency of legal regulation can be observed not only between different countries, but also within one state, which is proved by the situation in the USA and Switzerland. At the present time, the system of government regulation of cryptocurrencies circulation is the most effective in Japan.

CONCEPT AND MODELS OF NOTARIAL SYSTEM IN THE LAW OF RUSSIA, FRANCE, SPAIN, AND ENGLAND

2021 ◽  
Vol 11 (3) ◽  
pp. 153-190
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
M.Yu. ZELENTSOVA ◽  
A.O. ODRINSKY
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Legal Concept ◽  
Specific Analysis ◽  
Similarities And Differences ◽  
The Law

This article presents a specific analysis of the legal concept of notarial system and the models thereof in Russia, France, Spain and England. Even though the issues of the concept and models of notarial systems have been repeatedly raised in legal doctrine, the consensus has not been reached yet. The authors of the article carry out a comparative legal analysis of the concept of notarial systems and the models thereof in Russia, France, Spain and England in order to identify the existing similarities and differences in the legal regulation of notarial systems.

scholarly journals THEORETIC AND LEGAL COMPARATIVE RESEARCH OF THE LEGAL NATURE OF A CORPORATE CONTRACT ON THE LAW OF FRANCE AND THE USA

2017 ◽  
pp. 69-74
Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya ◽  
Светлана Соловьева ◽  
Svyetlana Solovyeva
Keyword(s):  
The United States ◽  
Profit Sharing ◽  
Legal Doctrine ◽  
Business Corporation ◽  
Legal Nature ◽  
The Usa ◽  
Contractual Relations ◽  
The Law ◽  
Anglo American ◽  
The Right

This article deals with theoretical and legal approaches and peculiarities of the regulation of corporate contract under the laws of France and USA. One of the factors that promoted the promulgation of the shareholders agreement was the participation of Anglo-American investors in French societies, which were more accustomed to contractual relations then to the use of rigidly fixed forms of joint-stock companies. Despite the fact that one of the aims of such agreements was an attempt to get rid of excessive publicright control, such contracts could never contradict the mandatory requirements of the law and the provisions of the company’s charter. In the United States legislative embodiment of the right of shareholders to enter into various types of agreements is carried out by laws regulating activities, the procedure of the establishment and management of Business Corporations. The content of a shareholders agreement and the right to participate in such agreement is regulated by the legal regime of corporation. The agreement between the members of close corporation de facto may change the provisions of corporation’s charter relating to corporate governance and profit sharing. All types of shareholders agreements, which could be concluded by the members of Business Corporation, are considered in the present article. State law that regulates contractual relations does not apply to shareholders agreements despite the legal doctrine view that corporations are of a contractual nature. The comparative analysis of the jurisprudence, legal doctrine and provisions of US and French legislation allows us to conclude that in the USA, unlike France, shareholders agreements are regulated by Corporate Law, not by the provisions of the Contract Law as it takes place in France.

scholarly journals THE WILL OF THE PATIENT EXPRESSED IN ADVANCE AND ITS LEGAL CONSEQUENCES

2015 ◽  
Vol 1 (7) ◽  
pp. 132
Author(s):  
Līga Mazure
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Will ◽  
Patient’S Will ◽  
Legal Consequences

The regulation of the will of the patient expressed in advance is controversial and insufficient in the Latvian legislation. The legal regulation on the will of the patient expressed in advance stipulates clearly only the form of the will of the patient; it has to be established without sufficient reference to its legally binding force. The aim of the research is to carry out a legal analysis of the institution of the patient’s will expressed in advance, to identify legal flaws related to it and to propose particular solutions to eliminate the identified limitations. To achieve the aim, the following research tasks are set: 1) to analyze the legal nature of the patient’s will expressed in advance; 2) to explore the content and term of the patient’s will expressed in advance; 3) to assess the establishment of the patient’s will expressed in advance and its termination. The following research methods are used in the research: semantic method, grammar method, historical method, analytical method, comparative method, systemic method, teleological method. In a result of the research the author has formulated the principles of the will of the patient expressed in advance that could be introduced in the legal regulation on the issue, thus improving the legal protection of the patient. Analysing the legal nature of the patient’s will expressed in advance and taking into account its peculiarity, the content boundaries of this particular type of the expression of the patient’s will were defined identifying the extent of the patient’s self-determination. Assessing various possibilities of choosing the term defining the patient’s will expressed in advance, the author has sustained the most appropriate version of the term considering both national and international legal regulation, and notions of the legal doctrine. Another issue of a similar significance that was analysed in the research were the methods used in the legal practice of the world countries to determine the patient’s will expressed in advance; the author has analysed and offered the determination method, which is the most appropriate for the legal system of Latvia. In the conclusion, types of termination of the patient’s will expressed in advance and their legal consequences were analysed. Furthermore, the author proposes an applicable project of the amendments to the legal regulations in order to implement the theoretical conclusions of the research related to the patient’s will expressed in advance into the legal system of Latvia.

scholarly journals The “Flint Michigan Case” and Its Significance for the Environmental Legal Doctrine and Legislation of the USA and Russia

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Aleksey Anisimov ◽  
Anatoliy Ryzhenkov
Keyword(s):  
Drinking Water ◽  
Social Issues ◽  
The United States ◽  
Final Conclusion ◽  
Economic Downturn ◽  
Legal Analysis ◽  
Human Right ◽  
Legal Doctrine ◽  
The Usa ◽  
High Level

The article proves that violations of the human right to drinking water that is safe for health occur not only in countries of the “Third World” but also in economically prosperous countries, including the USA, which is clearly shown by the case of Flint, Michigan. The purpose of the study is to prove that this problem is complex and should be addressed in the context of a number of economic, political and social factors. Such research methods as comparative legal analysis, synthesis, analysis, formal-logical and other methods of scientific research have been employed within the study conducted. The article presents the results of a review of the quality of drinking water supply in the city of flint, which showed that the best way to prevent such environmental crises is to address the issues of poverty, which causes drug addiction, unemployment, and a high level of violent crime caused by the economic downturn in the corresponding area (region). The authors prove that similar problems exist in Russia, where a number of small depressive cities and villages have similar problems. The final conclusion of the authors is that both in Russia and in the United States, providing the population with quality drinking water is impossible outside the context of solving economic and social issues, and one of the tools that allow us to get closer to solving these problems is the achievement of the Sustainable Development Goals (SDGS) proposed in 2015 by the United Nations.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

scholarly journals Asteroid and Comet Surveys

1994 ◽  
Vol 161 ◽  
pp. 385-400
Author(s):  
B.G. Marsden
Keyword(s):  
Logical Sequence ◽  
Different Types ◽  
The Future ◽  
Ecliptic Latitude ◽  
Similarities And Differences

Past surveys are described in the logical sequence of (1) comets visually, (2) asteroids visually, (3) asteroids photographically and (4) comets photographically. Plots show the evolution of asteroid surveys in terms of visual discovery magnitude and ecliptic latitude, and similarities and differences between surveys for the different types of body are discussed. The paper ends with a brief discussion of more recent discovery methods and some thoughts on the future.

Social Development and Police Reform: Some Reflections on the Concept and Purpose of Policing and the Implications for Reform in the UK and USA

2020 ◽  
Author(s):  
Andrew Williams ◽  
Craig Paterson
Keyword(s):  
Social Development ◽  
Conceptual Understanding ◽  
Critical Question ◽  
Police Reform ◽  
Liberal Democratic ◽  
The Usa ◽  
Anglo American ◽  
The Uk ◽  
Common Understanding

Abstract The increase in calls for police reform following the death of George Floyd has led to renewed debate about social inequality and the role of policing in society. Modern bureaucratic police systems emerged from locally administered structures and Anglo-American policing models continue to be aligned, to varying degrees, with the political, socio-cultural, legal, and ideological aspects of contemporary liberal democratic society with its emphasis on democratic localism and decentralised accountability. However, at a time when society is reimagining itself and technology, government, and nations are radically re-shaping themselves, a critical question is whether there is a sufficiently common philosophical and conceptual understanding of policing to support its development rather than just a common understanding of police functions. This is profoundly important when considering the current calls for reform of policing in the USA and other western democratic states. The article argues that there is an urgent need to reconsider how we conceptualize policing and its relationship with social development.

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