scholarly journals Peculiarities of Establishing Mediation in Uzbekistan as an Outof-Court Dispute Resolution

2020 ◽  
pp. 123-132
Author(s):  
R Sh. Ismailova
Keyword(s):  
Family Relations ◽  
State Ownership ◽  
Successful Implementation ◽  
Advantages And Disadvantages ◽  
Stage Of Development ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
Procedure Codes ◽  
Made In

INTRODUCTION. The main purpose of current article is to analyze the measure taken in order to successfully implement mediation in the Republic of Uzbekistan and identify areas in need of further reform. This article reflects the existing situation on the implementation of the mediation procedure in the Republic of Uzbekistan, reveals the existing legislative framework and draws attention to the gaps. It contains changes in legislation made in connection with the entry into force of the Law “On Mediation”, namely, changes made in the Civil Procedure, Civil, Tax, Economic Procedure Codes, as well as to the Law “On Domestic Arbitration Courts”.MATERIALS AND METHODS. In preparation of the article the author studied the experience of Singapore, China, Germany, Italy and other states on implementation of mediation, there is a comparison of court annexed and private mediation, the advantages and disadvantages of mediation have also been noted, as well as features of the introduction of mediation have also been identified. There are several methods that have been applied during the research such as comparative, empiric, historical and legal ones.RESEARCH RESULTS. The article reveals some problems of introducing mediation at the present stage of development of society, briefly reveals the content of the law “On Mediation”, which regulates relations connected with the use of mediation to disputes arising from civil law relations, including in connection with business activities, as well as individual labor disputes and disputes arising from family relations. This article also provides some recommendations for the successful implementation of the institute of mediation in Uzbekistan, as well as the popularization of this institution among the population.DISCUSSION AND CONCLUSION. In the article there is the recommendation to develop a strategy for the development and promotion of mediation, to train all students of the jurisprudence in the “Mediation” discipline, to identify commercial mediation as one of the training directions for mediators, to introduce judicial mediation and to make the mediation procedure mandatory for a certain types of cases. First session of mediation is advised to be obligatory and the continuation of the procedure is left to the will of the parties. Besides that, there is a proposal to amend the legislation noting that organization with state ownership should add mediation clause to their contracts.

scholarly journals ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Advantages And Disadvantages ◽  
Institutional Values ◽  
The Law ◽  
The Republic ◽  
The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

THE EUROPEAN DIMENSION OF PUBLIC-PRIVATE PARTNERSHIP AND EXPERIENCES IN TOURISM OF THE REPUBLIC OF CROATIA

2009 ◽  
Vol 15 (1) ◽  
pp. 85-100
Author(s):  
Vinka Cetinski ◽  
Marko Perićć ◽  
Violeta Sugar
Keyword(s):  
Well Being ◽  
Public Private Partnership ◽  
Successful Implementation ◽  
The European Union ◽  
Development Education ◽  
Private Partnership ◽  
Public Marketing ◽  
The Public ◽  
Advantages And Disadvantages ◽  
The Republic

Public-private partnership (PPP) is a method for developing sustainable development that has been proven worldwide and endorsed in practice, and its ultimate aim is to increase the overall well-being of society. In a variety of ways, it brings together the interests of the public, private and civil sector in meeting specific needs for augmenting the quality and/or availability of services and products The European Union (UN) has not always supported the co-financing of projects devised as PPP. Recently, however, it has begun to encourage a wider application of this form of financing that demonstrates a huge potential in accomplishing public services, that is, projects intended for the public. Marketing and promotion, product development, education, financing and investment, and environmental protection are but some of the areas of public-private collaboration in tourism in a global setting. The purpose of this paper is to provide an outline of world experience and practice in PPP with emphasis on the EU, so that Croatia, by taking under consideration these experiences, advantages and disadvantages, may define an appropriate legal and business framework and identify the criteria for the successful implementation of PPP in its economy, and in particular, in tourism, one of its highest-growth industries.

The Impact of Art Therapy on the Development of Emotional Sphere of the Older Pre-Schoolchildren

2016 ◽  
Vol 5 (3) ◽  
pp. 29-33
Author(s):  
Николаева ◽  
Viktoriya Nikolaeva ◽  
Байкенова ◽  
A. Baykenova
Keyword(s):  
Art Therapy ◽  
Emotional State ◽  
Individual Characteristics ◽  
Preschool Age ◽  
Social Progress ◽  
Stage Of Development ◽  
The Republic ◽  
The Impact ◽  
And Training ◽  
Made In

This article is devoted to the issue of development of the emotional sphere of the pre-schoolchildren. Pre-school education and training is the first level of continuing education, it creates developing environment for the full formation of the child´s personality, taking into account age and individual characteristics. At the present stage of development of the Republic of Kazakhstan there is a great task to educate fully developed personality to society. An important role in this is the development of emotional sphere of preschool children. The authors examine the art therapy as a means of correcting the emotional state of children of the senior preschool age. The article presents the experimental work on the problem of research, including: states and forming a control experiment. In order to try to make changes in the emotional state of children preventive and developmental program on the use of art therapy was drawn up. The end, the authors come to the conclusion that in the conditions of a single art - a qualitatively new and higher educational and social progress has been made in aesthetic environment.

scholarly journals Forms of testaments in European legislatures

2021 ◽  
pp. 433-444
Author(s):  
Jovana Vasiljković ◽  
Dalibor Krstinić
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Historical Method ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Made In

A testament is a unilateral legal act as it is made by a declaration of will of one person and is distinguished from other legal acts by its characteristics. By means of testament the testators may dispose of their rights and create an obligation for themselves and the obligations of the testament do not come into effect until after the death of the testator. A testament can be made in one of the forms prescribed by the law. The primary goal of this paper is to demonstrate and analyse different forms of testaments in the legislature of the Republic of Serbia and the chosen European legislatures of France, Germany, Italy and England. The following methods will be used in the paper: comparative analysis of the forms of testaments in the said legislatures, to be completed by the normative method, while by analysing the content in a systematic way we shall approach the subject matter, and the historical method, which will help us review the origin of certain forms of testaments.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals SECTION 27 OF THE INSOLVENCY ACT 24 OF 1936 AS A VIOLATION OF THE EQUALITY CLAUSE: A CRITICAL ANALYSIS

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Zingaphi Mabe
Keyword(s):  
South Africa ◽  
South African ◽  
Law Reform ◽  
Department Of Justice ◽  
Current Form ◽  
The World ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Made In

The Constitution of the Republic of South Africa, 1996, is regarded as one of the most progressive constitutions in the world. As the supreme law in South Africa, it applies to all law and conduct. All South African laws must be consistent with the Constitution. Where there is an alleged violation of constitutional provisions, that law or conduct must be evaluated to establish whether or not it is consistent with the values of an open and democratic society based on fundamental human rights such as human dignity and the right to equality.The Insolvency Act and section 27 in particular which is the focus of this paper must be consistent with the Constitution. Section 27(1) provides:"No immediate benefit under a duly registered antenuptial contract given in good faith by a man to his wife or any child to be born of the marriage shall be set aside as a disposition without value, unless that man's estate was sequestrated within two years of the registration of that antenuptial contract."This section protects benefits arising from an antenuptial contract and given by a man to his wife or to a child born of their marriage, from being set aside as dispositions without value during sequestration proceedings. The same protection is not afforded however, to benefits given by the wife under an antenuptial contract. This also excludes benefits given by those in a same sex marriage, and limits the benefits available to children born of that form of marriage.As the right to equality in section 9 of the Constitution seeks to provide equal benefits before the law to persons in the same or similar positions by prohibiting unfair discrimination, the limitations in section 27 render it vulnerable to constitutional review.As the Insolvency Act has not been amended as a whole to accommodate the equality provisions in the Constitution, in its current form, section 27 seems to violate section 9(3) of the Constitution on the grounds of sexual orientation, marital status and birth.However, certain proposals have been made in the report by the South African Law Reform Commission on the Review of the Law of Insolvency to develop section 27 to comply with the Constitution. Further developments have been proposed by the Department of Justice and Constitutional Developments in its presentations to the Labour Market Chamber in 2003 and 2006.This paper examines section 27 of the Insolvency Act as it currently reads, within the context of the right to equality in section 9 of the Constitution. Current developments in respect of section 27 will be considered to illustrate progress made in reforming the section and whether the reform measures proposed will protect all those affected by the discrimination arising from section 27.The discussion opens with a consideration of the current dispensation and the question whether section 27 violates section 9(3) of the Constitution. Current developments will then be discussed in the light of the current proposals.

scholarly journals KEDUDUKAN IKATAN JUAL BELI DENGAN KUASA MENJUAL SEBAGAI JAMINAN UTANG DI LINGKUNGAN KOPERASI SIMPAN PINJAM

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 28-34
Author(s):  
Diana Hugeng
Keyword(s):  
Power Of Attorney ◽  
Basic Objective ◽  
The Law ◽  
The Republic ◽  
Made In

Tangible collateral as part of Tangible Law (Hukum Benda) has a nature of close and enforcing (dwingend recht). It is limiting and prohibiting anyone that will make tangible collateral in a form other than what has been stipulated in the prevailing laws. In relation to loan collateral in form of certificate of right over the land, since the effective date of the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, the only allowable loan collateral is in the form of Encumberance Right. This means loan collateral made in form of Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell is against the law, therefore it is legally stated as null and void due to violating the objective requirements on the legality of an agreement as stipulated in Article 1320 of Burgerlijk Wetboek. Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell as loan collateral is not only against the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, but also against the Law of the Republic of Indonesia No.25 Year 1992 concerning Cooperative, due to the objective of cooperative based on Article 44 point 1 of Cooperative Law is to raise funding from and provide lending to the members of respective cooperative, as well as other cooperatives and/or their members. In case a debtor being a new member of the cooperative when he or she applying loan to the cooperative, it is not aligned with the basic objective of cooperative.

scholarly journals Justification of the Usury Contract in the Law of the Republic of Serbia: Advantages and Disadvantages

2020 ◽  
Vol 58 (4) ◽  
pp. 517-527
Author(s):  
Tanja Praštalo
Keyword(s):  
Methodological Approach ◽  
Case Law ◽  
Third Party ◽  
Current Case ◽  
Basic Principles ◽  
Advantages And Disadvantages ◽  
Negative Context ◽  
The Law ◽  
The Republic ◽  
Definition Of

Abstract A usury contract is a null and void contract whereby someone, using the condition of another’s misfortune or material hardship, lack of experience, recklessness, or dependency, obtains for himself or for a third party a benefit that is clearly disproportionate to what he or she has given or done in return or committed to give or do. The usury contract violates one of the basic principles of the law of obligations, which is the principle of equality of obligations, in other words, the equality of the value of mutual benefits of the contracting parties. Although the legal definition of the usury contracts (Law on Contracts and Torts, Article 141, paragraph 1) is comprehensive enough, it is not easy for the courts to decide whether one contract is usury or not, i.e. null and void. The subject of this paper is the analysis of the usury contracts through the current case law in the context of the justification of the existence of this institute in the legislation of Serbia, having in mind the division of opinions, and because as much as a party using a person’s difficult material situation is presented in a negative context, the contract of this type is nonetheless a product of the willing action of both parties. The topic of this paper is very sensitive and requires a reasoned methodological approach and analysis. The aim of the paper is also to encourage the affected party in the usury contract to enter into litigation to protect their rights.

scholarly journals Legal and Practical Aspects of Bankruptcy Proceedings in Albania and Their Role in the Protection of Stakeholders

2014 ◽  
Vol 2 (1) ◽  
pp. 229
Author(s):  
Blerta Aliu
Keyword(s):  
Legal Norms ◽  
Positive Tendency ◽  
Commercial Code ◽  
Correct Ratio ◽  
Bankruptcy Procedure ◽  
The Law ◽  
The Republic ◽  
Economic Assets ◽  
First Time ◽  
Made In

Bankruptcy represents an effort to find the correct ratio between the need to protect economic assets left over from a subject in crisis and need to take care and realize greater extent the rights of creditors. Bankruptcy in Albania, for the first time was adjusted in the Commercial Code of Zogu, " Book six – Bankruptcy". Today in the Republic of Albania the law in 2002 "On bankruptcy" amended by law in 2008. This law is largely a continuation of adjustments made in 1995. This paper will address the news that the new law brings, regarding the procedures to be followed and the conditions to be met for a person debtor, can be downloaded from the remaining obligations. Regulated recognition of a foreign bankruptcy procedure and the opening of a secondary procedure, as well as collaboration between the higher of the two bankruptcy proceedings. Also, according to recent changes have envisaged by the law, Bankruptcy Supervision Agency" which is a public legal entity. We will treat the compatibility of our legislation with EU Regulation of 2000. The methodology used in the paper is the analysis of legislation and practical decisions. The conclusions show a positive tendency of legal norms to protect creditors, but the level of jurisdiction decisions and practice seems more embryonic. Relevance of this topic is related to social, legal but also economic aspects.

scholarly journals Efficiency of State Regulation in the Consideration of Information and Communications on Economic Violations

2020 ◽  
pp. 61-72
Author(s):  
Omirserik Tazhmaganbetov
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
State Regulation ◽  
State Control ◽  
Regulatory Authorities ◽  
The Law ◽  
The Republic ◽  
Procedure Codes

This article is devoted to certain issues of the procedure for the consideration of information and reports on economic offenses, in terms of the effectiveness of state control over the transferred materials to authorized bodies requiring additional checks and examinations. So, with the introduction in 2014 of the new Criminal and Criminal Procedure Codes of the Republic of Kazakhstan, the procedure for considering information and reports on offenses has radically changed, in particular, this has affected economic offenses. These changes have generated a number of unresolved issues in the timing and procedure for conducting inspections (audits, etc.) based on materials sent by the law enforcement body to the competent regulatory authorities to determine the amount of damage. A number of unresolved legislative gaps have arisen, which lead to inadequate state control and poor efficiency of consideration of these materials.

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