THE CONCEPT AND THE MAIN FEATURES OF ONLINE DISPUTE RESOLUTION

2021 ◽  
Vol 11 (4) ◽  
pp. 153-178
Author(s):  
V.V. TEREKHOV ◽  
I. LUNGU
Keyword(s):  
Dispute Resolution ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Final Decision ◽  
Significant Activity ◽  
Legal Doctrine ◽  
Online Dispute Resolution ◽  
Online Mode ◽  
Definition Of ◽  
Formal Requirements

This article addresses the phenomenon of “Online Dispute Resolution” (ODR), which has recently become popular in both practice and the legal doctrine, and which presupposes the settlement of social conflicts with the assistance of advanced Internet technologies. It is noted that despite the existence of multiple institutions offering corresponding services (ODR providers), there is still no certainty as to the concept and the main features of ODR as a socially significant activity. The authors working in the given area express various opinions on the relationship between this institute and Alternative Dispute Resolution (ADR) or public justice, as well as the categories of cases that may be resolved in the online-mode. The present article is based on the previous experience of national and foreign researchers, offering its own definition of the ODR institute and establishing the necessity of its existence as an independent mechanism of private parties’ disputes resolution. In conclusion, the authors conclude that ODR will develop further. Already now there is a noticeable interest in it by individual states and the world community as a whole. All the necessary technologies for its practical implementation are already available. Only the legal regulation of this institute is lagging behind. The latter, despite the predominant private-legal and informal nature of ODR procedures, is extremely important, because the relevant activity cannot be carried out in a legal vacuum, without proper guarantees for the participants of a dispute and formal requirements for the procedure of conducting proceedings and its final decision.

scholarly journals Business E-NeGotiAtion: A Method Using a Genetic Algorithm for Online Dispute Resolution in B2B Relationships

2021 ◽  
Vol 16 (5) ◽  
pp. 1186-1216
Author(s):  
Nikola Simkova ◽  
Zdenek Smutny
Keyword(s):  
Genetic Algorithm ◽  
Dispute Resolution ◽  
Single Case ◽  
Computer Mediated Communication ◽  
Optimal Solution ◽  
Mediated Communication ◽  
Online Dispute Resolution ◽  
B2b Relationships ◽  
Definition Of ◽  
E Mail

An opportunity to resolve disputes as an out-of-court settlement through computer-mediated communication is usually easier, faster, and cheaper than filing an action in court. Artificial intelligence and law (AI & Law) research has gained importance in this area. The article presents a design of the E-NeGotiAtion method for assisted negotiation in business to business (B2B) relationships, which uses a genetic algorithm for selecting the most appropriate solution(s). The aim of the article is to present how the method is designed and contribute to knowledge on online dispute resolution (ODR) with a focus on B2B relationships. The evaluation of the method consisted of an embedded single-case study, where participants from two countries simulated the realities of negotiation between companies. For comparison, traditional negotiation via e-mail was also conducted. The evaluation confirms that the proposed E-NeGotiAtion method quickly achieves solution(s), approaching the optimal solution on which both sides can decide, and also very importantly, confirms that the method facilitates negotiation with the partner and creates a trusted result. The evaluation demonstrates that the proposed method is economically efficient for parties of the dispute compared to negotiation via e-mail. For a more complicated task with five or more products, the E-NeGotiAtion method is significantly more suitable than negotiation via e-mail for achieving a resolution that favors one side or the other as little as possible. In conclusion, it can be said that the proposed method fulfills the definition of the dual-task of ODR—it resolves disputes and builds confidence.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

Article 65 Dispute resolution by the Board

2020 ◽  
Author(s):  
Hielke Hijmans
Keyword(s):  
Dispute Resolution ◽  
Final Decision ◽  
Supervisory Authority ◽  
Definition Of ◽  
Settlement Of Disputes

Article 4(16) (Definition of the main establishment) (see too recital 36); Article 4(24) (Definition of a relevant and reasoned objection) (see too recital 124); Article 60(4) (Objection by a concerned supervisory authority to a draft decision of the lead supervisory authority); Articles 60(7)–(9) (Procedure to adopt a final decision by a supervisory authority); Article 63 (Consistency mechanism) (see too recitals 123, 135 and 150 in fine); Article 64 (Cases when opinions of the Board are mandatory); Article 66 (Derogations from the consistency mechanism in case of urgency) (see too recitals 137–138); Article 74(1)(b) (Notification of binding decisions by the Chair of the Board); Article 74(1)(c) (Chair of the Board to ensure the timely performance of the Board’s tasks); Article 75(6)(g) (Secretariat to prepare, draft and publish decisions on the settlement of disputes between supervisory authorities) (see too recital 140); Article 76(1) (Confidentiality of Board’s discussions when necessary).

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.

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 GUARANTEES OF LEGALITY OF PUBLIC ADMINISTRATION ACTIVITY: FROM CONCEPT TO PRACTICAL IMPLEMENTATION

2021 ◽  
Vol 7 (1) ◽  
pp. 134-138
Author(s):  
Vyacheslav Tylchyk ◽  
Olha Tylchyk
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Dispute Resolution ◽  
Central Place ◽  
Practical Implementation ◽  
Legal Doctrine ◽  
Procedural Law ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Administrative Proceedings

The purpose of the article is an attempt to consider guarantees of the legality of public administration through rethinking the existing system of appeal, taking into account the novelties of domestic science and practice, and the preconditions for the formation of administrative procedural law, in which the central place belongs to the category of “dispute in public relations”. The analysis of subsystems of dispute resolution through administrative proceedings and pre-trial appeals from the standpoint of efficiency and the dialectical connection is carried out. It is stated that to ensure the effectiveness of the generally accepted system of dispute resolution as a guarantee of legality, the activities of public administration entities today are the priority of absolutely all legal countries. Significant obstacles on gradual and systematic activities such as those caused by an acute exacerbation of social tension in society, external aggression, especially the development of legal doctrine and legislation that includes an ambiguous position. Today, most scholars agree that the issues of guarantees of the legality of public administration are directly related to the ability to present a model for appealing decisions, actions, inactions and determine its levels. Scientific support of the processes of formation of a legal and socially-oriented state is closely connected with the need to strengthen the methodological armament of legal science, its departure from outdated scientific dogmas, and the search for forms of manifestation and enforcement. The solution of the goal set in the publication is achieved using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed to determine the features of the concepts of “appeal” and “dispute” within the administrative appeal. Methods of review of grammar and interpretation of the law helped identify gaps and other shortcomings of legislation problems introducing mediation in the judicial administrative process as of alternative that will act as a separate stage of proceedings litigation, making suggestions for improvement. Practical implications. The formulated proposals for the development of legal support for appealing decisions, actions, the inaction of public administration, along with the functioning of administrative proceedings as a procedural form of administrative justice, acts as a guarantor of public administration in the relationship between citizen and state and is an integral part of this model.

scholarly journals PUBLIC INTERESTS AND LEDAL CONSTRUCTIONS DERIVED FROM THEM

2018 ◽  
Vol 22 (4) ◽  
pp. 425-462
Author(s):  
Alexander B Zelentsov ◽  
Marina V Nemytina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
General Interest ◽  
Constitutional Court ◽  
Russian Society ◽  
Legal Doctrine ◽  
Public Interests ◽  
Legal Science ◽  
Theory Of Law ◽  
Definition Of

The article observes public interests, firstly, as a social regulative system in the Russian law, and secondly, as a scientific conception of law in legal science. It also researches possibilities of building legal constructions based on public interests with an aim to improve the legal regulation. Basing on the general theory of law and administrative law, the authors analyze: 1) the essence and grounds of public interests; 2) transformation of the Russian historical-theoretical conceptions of public interests; 3) modern interpretations of the phenomenon of public interests in the Russian legal doctrine, legislation and judicial practice; 4) some differences in the Western and Russian conceptions of public interests; 5) separate legal mechanics based on public interests. I.e. the authors talk about objectivating public interests, defining its forms of appearance and possibilities of implementation in the Russian society, law and state. Nowadays categories «public interest», «state interest», «social interest», «general public interests» as well as similar ones are widely used in the Russian legal science, law-making and law enforcement. The problem of its defining as well as identifying public and state interests is still not solved. The article emphasizes the absence of legal definition of public interests in the Russian legislation what causes its use as an evaluation category in the law enforcement practice. This follows by uncertainty in the legal regulation. From other side the term remains flexible and movable, helps coordinate moral and legal content, allows take into account specificity of public interests in each and every case. The article observes position of the Constitutional Court of Russia which defines correlation between public interests and similar categories, e.g. general interest. According to the authors’ opinion, public interests form legal mechanics uniting legal principles, institutes and rules. Examples of such mechanics are corporate-public regulation and public-private partnership.

scholarly journals Legal regulation of dispute consideration features by arbitration courts in the Republic of Tajikistan (regulation of dispute resolution procedure)

2020 ◽  
pp. 250-261
Author(s):  
Vladimir Gavrilenko
Keyword(s):  
Dispute Resolution ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Settlement Agreement ◽  
Arbitral Proceedings ◽  
The Republic ◽  
Definition Of ◽  
Interim Measures

The work is devoted to the analysis of legal regulation of the disputes consideration procedure by arbitration courts in the Republic of Tajikistan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an itemized commentary on the provisions of the above-mentioned law, which directly regulates the dispute resolution process by the arbitration court. In addition to the main issues related to the statement of claim, other requirements for the statement of claim are described, which are regulated by the arbitration rules. We carry out a comprehensive analysis of the procedure for submitting feedback on the statement of claim. We illustrate issues related to the competence of the arbitration court. We note that this is an important innovation of commented law, since the previous legislation did not consider the competence of the arbitration court. We assign a separate place to the definition of the arbitration rules, the arbitration language, and the arbitration confidentiality. We assign a separate place to the definition of the arbitral proceedings rules, the arbitral proceedings language, and the arbitral proceedings confidentiality. The features of applying interim measures are described. We consider the procedure for presenting evidence, as well as the features of the parties' participation in the arbitration court. We analyze the procedure for the appointment and submission of expertise. In addition, the regulation of the meeting protocol of the arbitration court is described. Attention is also drawn to the prohibition of bonded terms of the settlement agreement for any of the parties.

scholarly journals Theoretical and Methodological Approaches to the Definition of Legal Norms Aimed to Regulate Relations in the Field of Administrative-Territorial Structure and Territorial Organization of Local Self Government

Lex Russica ◽  
2019 ◽  
pp. 39-52
Author(s):  
S. A. Vasiliev
Keyword(s):  
Legal Regulation ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Legal Literature ◽  
Territorial Structure ◽  
Territorial Organization ◽  
Methodological Approaches ◽  
Definition Of ◽  
Law Making

In modern legal literature quite a large number of papers are devoted to the problems of legal regulation in which legal scholars try to improve the texts of normative legal acts. However, most of the problems in this area occur for another reason. They occur because of inconsistency of legal norms with regard to the relations that they are supposed to regulate. The paper not only attempts to present a different view on the process of lawmaking. It also suggests some ways to improve the procedure for creating normative legal acts on the basis of the theory of the balance between subjects of law. The article focuses on the relations that develop with regard to the territory as the most obvious physically expressed standing area determining relations between people. The paper has applied the main provisions of the previously developed theory of correlation of subjects of law in the framework of which the relations between different participants of legal relations concerning a certain territory are being analyzed. In addition, the author investigates the problems of the current legal regulation and the practice of implementation of legal relations. The modern legal doctrine has been analyzed in the context of the issue under consideration. The whole set of the presented approaches allowed the author to build logically more correct, in contrast to the existing, procedure for creating the rules of law concerning the territory. As the result of the study, the author suggests using new approaches to law-making processes on the basis of the identified problems of the balance between legal norms and relations that they are expected to regulate. The paper also describes the methodology of creating lawmaking and contains a case study of transformation of the existing normative legal regulation in Sevastopol.

scholarly journals Legal regulation of smart contracts in France

2019 ◽  
pp. 151-158
Author(s):  
D. V. Chub
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Smart Contracts ◽  
French Law ◽  
Legal Doctrine ◽  
Economic Relations ◽  
Smart Contract ◽  
Legal Obligations ◽  
Characteristic Features ◽  
Definition Of

The paper is devoted to the legal regulation of smart contracts in French law. The question of the admissibility of the use of smart contracts in economic relations is considered. Particular attention is given to the French legal doctrine in the issue of formulating the definition of “smart contract” and identifying its characteristic features, the various points of view of French legal scholars are compared. Examples of the most effective use of a smart contract in economic relations are given. The problems of applying contractual legal obligations and obligations of French law to smart contracts are considered. The importance of the oracle for the implementation of the smart contract and the features of its legal status under French law are disclosed.

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