scholarly journals MEDIATION INSTITUTION: EXPERIENCES FROM COUNTRIES ACROSS THE WORLD

2019 ◽  
Vol 5 (1) ◽  
pp. 168
Author(s):  
Mykhailo Pitiulych ◽  
Iryna Nakonechna
Keyword(s):  
Dispute Resolution ◽  
European Countries ◽  
Main Task ◽  
Scientific Methods ◽  
Legal Method ◽  
Labour Dispute ◽  
The Us ◽  
The World ◽  
Analysis And Synthesis ◽  
The Subject

The aim of the article is to study the process of implementation of the institute of mediation in Ukraine and across the world. The subject of the study is mediation institution, analysed from scientific perspectives and on the basis of provisions of foreign and Ukrainian legislation. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “mediation” and “labour dispute”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse the legislation on the subject matter in the US and leading European countries. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of mediation. The systemstructural method enabled to identify the main differences of mediation from other ways of economic dispute resolution. Methods of analysis and synthesis enabled to identify the main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution. The method of legal modelling enabled to develop proposals regarding this institution introduction in Ukrainian legislation. Practical implications. Studies on mediation institution in the US and leading European countries helped to develop recommendations for this institution introduction in Ukrainian legislation, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “mediation” and “greenmail” are defined. The main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution, are identified. In Ukraine, in comparison with other countries, the indecisiveness and inconsistency of the actions of the domestic legislator are stated as the key problem of mediation institution. It is underlined that nowadays-Ukrainian society is ready for this institution’s introduction because mediation is the alternative way of dispute resolution, which enables to solve a number of social and economic problems.

scholarly journals Evolution of political and legal values traditional society in the conditions of nomadic statehood (by the Epic of Manas materials)

2019 ◽  
Vol 5 (2) ◽  
pp. 257-262
Author(s):  
G. Aydarbekova ◽  
B. Abdyraliev
Keyword(s):  
Legal Culture ◽  
Traditional Society ◽  
Scientific Methods ◽  
World Community ◽  
The People ◽  
The World ◽  
Other Information ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Cultural Monuments

The article discusses the features of the evolution of political and legal values of a traditional society in the conditions of nomadic statehood on the example of a cultural and legal monument — the Epic of Manas. The topic of Eurasian nomadic civilization, the legal life of Kirghiz, signs of statehood, culture and customs of the people are actively considered by scientists in connection with the growth of the nation’s identity and identity since along with Kirghiz and Kazakhs other modern massifs historically coexisted in the Eurasian nomadic civilization. The subject of the research is political and legal values in a nomadic society on the example of a cultural and legal monument — the Epic of Manas. The object of the research is the formation of individual political and legal values of a traditional society in the context of nomadic statehood and the characteristics of the evolution of the national legal culture. In the study of the problems were used: universal and private scientific methods of cognition: analysis and synthesis, deduction and induction, historical and legal and comparative. The results of the study allow to conclude about the need for further study, preservation and popularization of historical and cultural monuments, allowing people to identify themselves in the world community, in this case, the Epic of Manas, which concentrates a complex of social, cultural, political, legal and other information about life and Kirghiz life.

scholarly journals SOME ECONOMIC ASPECTS OF FRANCHISING IN THE USA

2020 ◽  
Vol 5 (5) ◽  
pp. 183
Author(s):  
Yuliia Chaplynska ◽  
Varvara Piterska
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Economic Aspects ◽  
Scientific Methods ◽  
Legal Method ◽  
The Us ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Definition Of

The purpose of the article is to study the economic aspects of franchising in the USA. The subject of the study is some economic features of franchising activity in the USA. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of franchising in the USA. Comparative legal method was used to compare legislative approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the US legal acts governing issues related to franchising was realized with the help of the normative-dogmatic method. The system-structural method was used to study franchising in the USA as a single entity (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some economic aspects of the studied category to formulate further conclusions. Practical application. The positive experience of the USA in regulating issues related to franchising can be used for making appropriate changes to the Ukrainian legislation. Since franchising had originated and developed in this country, it is advisable to identify the key economic and some legal features of this area of business activity. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to the general issues of franchising activity regulation, but specifically to the economic features of franchise activity in a separate country (in the USA).

scholarly journals METHODS OF FINANCIAL CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 245
Author(s):  
Anatolii Shulha ◽  
Iryna Zharovska
Keyword(s):  
Public Procurement ◽  
The State ◽  
Financial Control ◽  
Control Methods ◽  
Scientific Methods ◽  
Legal Method ◽  
Optimal Functioning ◽  
Analysis And Synthesis ◽  
The Subject

The aim of the article is to determine the methods of financial control of the State Financial Inspection of Ukraine. The subject of the study is the methods of financial control of the State Financial Inspection of Ukraine. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The logic-semantic method was used to determine the content of the notions of “method”, “form”, and “concept”. The comparative legal method enabled to compare doctrinal approaches to this issue. The normative-dogmatic method enabled to interpret the content of legal regulations of the domestic legislation on the issue of determination of financial control methods of the State Financial Inspection of Ukraine. The systemstructural method enabled to analyse the most common methods of financial control. Methods of analysis and synthesis helped study certain methods of financial control to formulate further conclusions regarding the most optimal functioning of the State Financial Inspection of Ukraine. Practical implications. The determination of the methods of financial control of the State Financial Inspection of Ukraine enabled to make recommendations for improving the procedure of financial control of the State Financial Inspection of Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The methods of financial control are defined and classified. The absence of a check without linkage to the subject (public procurements) among the forms of control of the SFI of Ukraine is revealed so that independent coexistence of such a form of control as “public procurement check,” which methods are documentary and/or factual examination, can be asserted.

scholarly journals Evolution of Public Finance in Selected Countries

2021 ◽  
pp. 163-184
Author(s):  
Richard Bartes
Keyword(s):  
Public Finance ◽  
Comparative Methods ◽  
Point Of View ◽  
European Countries ◽  
Historical Background ◽  
Scientific Methods ◽  
The Public ◽  
Analysis And Synthesis ◽  
Background Context

This contribution deals with the evolution of public finance in two selected European countries. France and Germany were selected as countries to compare their evolution of public finance. The reason why the two countries were chosen is their general proximity to each other in many respects. From a professional point of view, i.e. from the point of view of the discipline of public finance, however, these are countries with different concepts of public finance disciplines. The contribution presents the historical background, context and consequences of this evolution. The relevant public finance evolution is divided into several historical stages in each country. The contribution focuses on each stage separately and points out solutions and effect of each stage. The main aim of the contribution is to confirm or disprove the hypothesis that the evolution of the public finance discipline was different in each of the selected countries. The scientific methods used in the article are analysis and synthesis, description and comparative methods.

scholarly journals WAS J. BENTHAM THE FIRST LEGAL UTILITARIAN?

2020 ◽  
Vol 24 (2) ◽  
pp. 438-471
Author(s):  
Igor V. Kolosov ◽  
Konstantin E. Sigalov
Keyword(s):  
Legal Policy ◽  
Scientific Methods ◽  
Legal Thought ◽  
The Us ◽  
Analysis And Synthesis ◽  
Scientific Papers ◽  
History Of ◽  
Distinct Features ◽  
Statutory Regulation ◽  
Theoretical Component

Legal utilitarianism is attractive for practice because this field of legal thought and philosophy of law sets out a particular direction of legal policy and statutory regulation (focus on the utility principle in decision-making) that can, under certain reservations, be used to improve people's lives. Most scholars conclude that the first utilitarian was J. Bentham. However, scientific studies prevalently do not involve the analysis of earlier legal doctrines in relation to the use of utility principle. Thus, the relevance and scientific novelty of analysis of the origin of legal utilitarianism is associated with the need to develop a theoretical component of this doctrine that is of current interest for the legal policy and to enlarge the underdeveloped - in our opinion - theoretical framework of legal utilitarianism genesis. The purpose is to identify the first theory in the history of legal thought, which can be classified as legal utilitarianism, and, if such theory is the J. Bentham's utilitarianism, to determine the reasons why earlier theories based on the utility principle cannot be classified as legal utilitarianism. The theoretical basis of the article is materials such as original sources by various thinkers whose works are based on the utility principle and scientific papers of European and the US researchers. For the purpose of the article, the following methodological tools were used: metaphysical (dialectic method), general (analysis and synthesis, deduction and induction, analogy, comparison) and specific (historical and legal-historical) scientific methods. The main outcome of the research is identification of distinct features of pre-Bentham legal thought based on the utility principle and identification of pre-requisites and basis (provisions which had formed the basis) for J. Bentham's utilitarianism, as well as the answer to the question: Was J. Bentham the first legal utilitarian?.

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals ANTHROPONYMS IN GENRE DIVERSITY IN THE ADVERTISING TEXTS OF VETERINARY PHARMACEUTICALS IN THE BEGINNING OF THE 20th CENTURY

2021 ◽  
pp. 25-50
Author(s):  
Svitlana NASAKINA
Keyword(s):  
20Th Century ◽  
Proper Names ◽  
Semantic Features ◽  
Veterinary Pharmaceuticals ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
In The Beginning ◽  
Linguistic Methods

Introduction. The article discusses the features of proper names in advertising texts of veterinary pharmaceuticals. Attention is paid to the description of structural and semantic features of anthroponyms. We investigate proper names as the part of the structure of advertising texts of veterinary pharmaceuticals. The purpose of the article is the analysis of anthroponyms in advertising texts of veterinary pharmaceuticals. The object of the study is proper names in advertising texts of veterinary pharmaceuticals. The subject of the study is anthroponyms in advertising texts in the beginning of the 20th century. Materials and methods. The purpose determines the choice of methods in our study: general scientific methods of systematization, analysis and synthesis, quantitative analysis were used. The descriptive method of advertising texts is used in the work. Among the special linguistic methods, structural one was used, which helped in determining the features of the structure of anthroponyms. Anthroponyms for our research have been taken from the newspaper “Public Veterinary Bulletin” for the period of 1904-1906 years. Results. As a result of the study, structural and semantic features of anthroponyms were established. Сonclusions. Anthroponyms learned in advertising texts of veterinary pharmaceuticals in the beginning of the 20th century had been used almost in all analyzed texts. The practical value of the work lies in the fact that the analysis of anthroponyms in advertising texts opens up prospects for further researches, which may be connected with the identification of the specific characteristics of proper names in the advertising texts of veterinary pharmaceuticals in different languages. Summing up, a thorough analysis of the advertising texts of veterinary pharmaceuticals helped to establish the structure and functioning peculiarities of anthroponyms.

scholarly journals PROTECTION OF CONSTITUTIONAL CULTURAL RIGHTS AND FREEDOMS OF CITIZENS BY THE CONSTITUTIONAL COURT OF UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 134-139
Author(s):  
Mykola Inshyn ◽  
Yurii Міroshnychenko ◽  
Yurii Paida
Keyword(s):  
Regulatory Compliance ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Scientific Methods ◽  
Cultural Rights ◽  
Legal Method ◽  
The Subject ◽  
Constitutional Justice ◽  
Legal Concepts

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

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