scholarly journals Institutional limitations and possible vectors of the development of mediation in Russia

2021 ◽  
pp. 48-67
Author(s):  
Olga Vecherina
Keyword(s):  
Social Evolution ◽  
Dispute Settlement ◽  
Institutional Development ◽  
Social Institution ◽  
Russian Society ◽  
Legal Institution ◽  
Mechanisms Of Development ◽  
Dispute Settlement Procedure ◽  
Families With Children ◽  
Alternative Dispute Settlement

The object of this research is the socio-legal institution of mediation as an alternative dispute settlement procedure in Russia. The subject of this research is the peculiarities of development of this institution and their substantiation by the specificity of institutional implementation, as well as cultural-historical aspects of the Russian society. The author indicates that the longstanding efforts of enthusiasts with the support of government structures aimed at the development of mediation as a legal institution outside its social component (mediation as an assisting profession) appeared to be ineffective and even faced rejection of a considerable part of society, as its conceptual grounds on the foundation of law do not correspond with the cultural-historical matrix of Russia. Special attention is given to the peculiarities of the establishment of mediation as a social institution and assisting profession. The author concludes on the presence of basic institutional restrictions of the development of socio-legal institution of mediation in Russia, due to the absence of mediation mechanisms of development (according to A. S. Akhiezer). The novelty of this work consist in tracing the dynamics of institutional development of mediation in the context of social evolution of the Russian society. The author believes that successful development of mediation in Russia as a social institution and assisting profession is not only possible, but essential; first and foremost, school mediation combined with remedial practices, as an effective technique of helping families, including families with children, and as instruments for working with ethno-confessional conflicts.

ON THE CONCEPT AND CONTENT OF “ANOTHER ORDER OF PRE-TRIAL SETTLEMENT OF DISPUTES, ESTABLISHED BY THE AGREEMENT”

2021 ◽  
Vol 11 (4) ◽  
pp. 282-298
Author(s):  
D.G. FILCHENKO ◽  
E.A. EVTUKHOVICH
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Dispute Settlement ◽  
Critical Assessment ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Dispute Settlement Procedure ◽  
Settlement Of Disputes ◽  
The Impact

The article analyzes the provisions of the arbitration procedural legislation and the practice of its application on a different pre-trial dispute settlement procedure established by the contract. A different pre-trial procedure is considered as an alternative to the general claim procedure for resolving disputes. The characteristic features of a different pre-trial order have been revealed. The authors summarized the practice of arbitration courts, highlighting other demanded pre-trial dispute settlement procedures. In particular, examples of atypical other methods of dispute settlement are provided. Separately, the issue of the admissibility of the cancellation of the general claim procedure for the settlement of disputes by the agreement was considered. An independent subject of the authors’ analysis was mediation as a pre-trial dispute settlement procedure. The work also focuses on the impact of a different pre-trial dispute settlement procedure on the course of the limitation period. The article discusses the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 22 June 2021 No. 18 “On Some Issues of Pre-Trial Settlement of Disputes Considered in Civil and Arbitration Proceedings”. Some of the recommendations of the Plenum of the Supreme Court of the Russian Federation received critical assessment. The authors note the existing contradictions in the legislation and possible ways to overcome them, formulate individual conclusions as a result of studying the materials of the practice of arbitration courts.

scholarly journals Digital transformation in the regions of Russia: estimates and reality

2021 ◽  
Vol 11 (3) ◽  
pp. 11-22
Author(s):  
M. A. Abramova
Keyword(s):  
Development Program ◽  
Institutional Development ◽  
Detailed Examination ◽  
Successful Implementation ◽  
Russian Society ◽  
Highly Qualified ◽  
Digital Inequality ◽  
Qualified Personnel ◽  
The One ◽  
Regions Of Russia

The article presents the problem of a comprehensive analysis of the socio-cultural prerequisites that determine the successful or unsuccessful implementation of the program of digitalization of the regions of Russia. A detailed examination of the tools for assessing the level of digitalization on the example of the methods for calculating the Skolkovo “Digital Russia” index and the regional digitalization index by I. V. Groshev and A. A. Krasnoslobodtsev showed their low informative value for understanding the factors leading to the formation of digital inequality in regions. The actuality of the problem is due not only to the need for an adequate assessment of the tools offered as convenient for comparing regions, but also by the following facts. On the one hand, the tasks of digitalization of education are of paramount importance in the framework of the federal development program. On the other hand, their implementation depends both on the local state of educational institutions and on solving a wider range of issues: staff training, providing employment opportunities for graduates, forming the need for highly qualified personnel in the region, etc. The novelty of the work is that the author consider the problem of studying the digital inequality of the regions of Russia with an emphasis on the issue of digitalization of education in the context of the existing regional socio-cultural prerequisites that determine the successful implementation of programs or prevent it. The application of institutional and functional approaches is of particular research interest, these approaches allow us to study the existing socio-cultural prerequisites in the regions as factors of stratification of Russian society that strengthen or weaken social inequality in the context of the development of a digital society. The author concludes that the solution of the problem of a comprehensive assessment of the socio-cultural prerequisites of the regional level of digitalization requires a detailed multi-factor analysis on a specific problem and direction of digitalization. The comparison of such data requires separate consideration of the indicators of socio-economic, demographic, and institutional development of the regions.

scholarly journals Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution Law Based on Justice Theory Perspective

2017 ◽  
Vol 4 (3) ◽  
pp. 296
Author(s):  
Aryani Witasari
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Data Retrieval ◽  
Legal Authority ◽  
Literature Study ◽  
Theory Of Justice ◽  
Existing Problems ◽  
Legal Power ◽  
Legal Relationship ◽  
Alternative Dispute Settlement

Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement indicates that dispute settlement or disagreement among parties in a certain legal relationship shall be the authority of the arbitration institution, if it has been agreed in an arbitration agreement. This research tried to criticize the concept of absolute nature of the arbitral decision in the settlement of business dispute in the perspective of the theory of justice. Method of data retrieval used in this research was by collecting literature study by studying data and analyzing the entire contents of library by linking to existing problems. The final and legally binding arbitral decision, if associated with Aristotle's corrective theory of justice, does not at all reflect the basic value of justice. This is indicated by not giving an opportunity for another party whose position is higher to correct the decision, whereas in the judicial system, the court as an ordinary court having legal status (legal statue) and legal authority (legal authority/legal power). Verdict the panel of judges can still be corrected through the usual remedies (appeals) and extraordinary reviews.

HEALTH-SAVING TECHNOLOGIES AS SOCIAL PRACTICES IN THE MODERN RUSSIAN FAMILY

2021 ◽  
pp. 12-19
Author(s):  
Krul A.S.
Keyword(s):  
Healthy Lifestyle ◽  
Institutional Analysis ◽  
Social Institution ◽  
Social Practices ◽  
Healthy Lifestyles ◽  
Sociological Research ◽  
Russian Society ◽  
The Family ◽  
Methodological Principles ◽  
Modern Russian

The paper presents a study of modern social practices of health care in the family. The problem of research is determined by the need to implement health-saving technologies such as living conditions and family life, as well as the introduction of social practices of healthy lifestyles in primary groups. The relevance of the topic is determined by the conditions for the development of modern Russian society, which are characterized by the need to form a social institution of healthy lifestyle and mandatory components in the form of social practices for informal groups. From this perspective, the natural course of development is the institution of the family, which takes on the task of introducing a healthy lifestyle as a system of daily activities. The study is based on the institutional analysis of health-preserving technologies in the family, the basis for the analysis was the theoretical and methodological principles of studying society as a social system (T. Parsons, N. Luhmann). The model for representing health-saving technologies in the everyday practices of the modern Russian family is based on the model of systems of social actions by T. Parsons and the model of the functioning of the family as a social institution by R. Merton. The empirical base is based on the author's sociological research: a survey, an expert survey, document analysis, macrosociological analysis and modeling (from 2016 to 2021), as well as the results of studies conducted by All-Russia Public Opinion Research Center (VCIOM), The Levada Center (2018). As a result of the research, an analysis of the social practices of a healthy lifestyle in a modern Russian family was carried out; the components of a healthy lifestyle were presented as a condition for the development of health-saving technologies in the daily actions of an individual. The model of social practices of healthy lifestyles in a modern Russian family is based on the institutional analysis of the family.

ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Alternative Methods ◽  
Legal Basis ◽  
Federal Law ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Economic Climate ◽  
Consumer Access ◽  
Dispute Settlement Procedure

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.

PERLINDUNGAN HUKUM BAGI PEMEGANG LISENSI HAK CIPTA MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (Studi Putusan Nomor: 09/HKI.Hak Cipta/2014/ PN Niaga Jo Putusan M.A Nomor: 80 K/Pdt.Sus-Hki/2016)

2019 ◽  
Vol 7 (2) ◽  
pp. 265
Author(s):  
R. Adhitya Nugraha Triantoro ◽  
Hernawan Hadi
Keyword(s):  
Dispute Settlement ◽  
Research Result ◽  
Legal Protection ◽  
Technical Analysis ◽  
Sport Marketing ◽  
Preventive Effort ◽  
Alternative Dispute Settlement

<p>Abstract<br />This article is aims to determine theregulation of law protection for the copyright licensee and to know the form of legal protection for the copyright licensee in the case of Copyright dispute between PT. Inter Sport Marketing against PT. Bhavana Andalan Klating and Alila Villa Soori (Study of Decision Number: 09 / HKI.HAK CIPTA / 2014 / PN Niaga Jo Decision of M.A Number: 80 K / Pdt.Sus-Hki / 2016). This research is normative legaland applied using a statute approach and case approach.Legal materials  source used include the primary and secondary legal materials that using literature as a technique of  collecting legal material. Technical analysis is the method of deductive syllogism.Based on the research result and the session generated the conclusion which is,first point,The legal protection for the copyright licensee holder can be a preventive effort by recording the copyright license contained in the provisions of Article 83 of the Copyright Act and repressive efforts through alternative dispute settlement, arbitration or by court contained in the provisions of Article 95 of the Copyright Act. The second conclusion is PT. Inter Sport Marketing gets the legal protection for its rights through repressive efforts with filing a lawsuit in the Commercial Court and receives compensation.<br />Keywords : Legal Protection, Licencing, Copyrights</p><p> </p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui pengaturan perlindungan hukum bagi pemegang lisensi hak cipta dan untuk mengetahui bentuk perlindungan hukum bagi pemegang lisensi hak cipta dalam kasus perselisihan Hak Cipta antara PT. Inter Sport Marketing melawan PT. Bhavana Andalan Klating dan Alila Villa Soori (Studi Putusan Nomor: 09/HKI.HAK CIPTA/2014/ PN Niaga Jo Putusan M.A Nomor:  80 K/Pdt. Sus-Hki/2016). Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan undang-undang dan pendekatan kasus. Sumber bahan hukum yang digunakan meliputi bahan hukum primer dan bahan hukum sekunder yang menggunakan metode studi pustaka sebagai pengumpulan bahan hukum. Teknik analisis yang digunakan adalah metode deduksi. Berdasarkan hasil penelitian dan pembahasan dihasilkan kesimpulan, yakni kesatu perlindungan hukum bagi pemegang lisensi hak cipta dapat berupa upaya preventif dengan pencatatan lisensi hak cipta yang terdapat dalam ketentuan Pasal 83 Undang-Undang Hak Cipta dan upaya represif melalui alternatif penyelesaian sengketa, arbitrase atau melalui pengadilan yang terdapat dalam ketentuan Pasal 95 Undang-Undang Hak Cipta. Kesimpulan kedua,yaitu PT. Inter Sport Marketing mendapatkan perlindungan hukum atas haknya melalui upaya represif dengan pengajuan gugatan di Pengadilan Niaga dan mendapatkan ganti kerugian. <br />Kata Kunci : Perlindungan Hukum, Lisensi, Hak Cipta</p>

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

The Russian experience of interaction between the efforts of the state and society in pre-emption of social deviance (the end of XIX - beginning of XX century)

2018 ◽  
Author(s):  
Надежда Мартыненко ◽  
Nadezhda Martynenko
Keyword(s):  
Social Institution ◽  
Public Organizations ◽  
The State ◽  
Russian Society ◽  
Sexual Morality ◽  
Social Deviance ◽  
Historical Experience ◽  
The Social ◽  
Wide Range ◽  
State And Society

The monograph deals with the problem of prostitution as one of the social deviations, conducted a retrospective analysis of all aspects of this phenomenon in the period of the mid XIX – early XX centuries.Investigated the origins of legalization of prostitution in Imperial Russia, shows the mechanism of regulation, the organization of police control and sanitary supervision. The ways of self-organization of society, the conditions that contributed to the development of private and public initiatives of self-help against the danger of turning to vicious fishing are revealed. The relationship of state structures, self-government bodies and public organizations in the prevention of prostitution. Describes the experience of Russian participation in the international fight against prostitution in the late nineteenth and early twentieth centuries, a synthesis of the obtained characteristics provides a basis to believe that the formation of the social institution of prostitution is a logical and objective process related to the deviation inherent in the human community. As a social deviation, prostitution is of double importance to society. The positive side is expressed in the illegal provision of needs that are not adequately met by the institution of the family, serves as a" safe valve " for aggressive trends. The negative is manifested in facilitation of crime. In modern Russian society, sexual morality normalizes many things that have traditionally been recognized as deviant in sexual behavior. The topic is relevant for the present in terms of the presence and establishment of this phenomenon. Prostitution remains one of indeterminant crime related to her involvement in minors with drugs, crimes and harboring criminals, a robbery and robbery.The reality clearly shows the unsolved nature of this burning problem. The tasks facing the current generation to combat negative social phenomena cannot be solved without the close cooperation of the state and society in this direction, without the historical experience of predecessors, without continuity. The introduction of the new material into scientific circulation in the course of the research enables a wide range of specialists, public organizations to use the historical experience of creating constructive mechanisms of interaction between the state and society to reduce the spread of modern prostitution, to solve urgent problems.

Sign in / Sign up

Export Citation Format

Share Document