scholarly journals Specific Features of the Formation and Development of Mediation in Foreign Countries with Anglo-Saxon and Romano-Germanic Legal Systems

2020 ◽  
Vol 76 (1) ◽  
pp. 133-138
Author(s):  
S. S. Myrza
Keyword(s):  
Scientific Work ◽  
Developed Countries ◽  
The United States ◽  
International Experience ◽  
Scientific Article ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Legal Method ◽  
Foreign Countries ◽  
Methods And Techniques

In the context of radical changes taking place in the field of jurisprudence, the topic of researching innovative forms of mediation, which has recently become a phenomenon of legal reality, becomes especially relevant. The scientific work is focused on studying the peculiarities of the formation and development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems, as well as the procedure for training professional mediators in these countries. According to the chosen topic, the purpose of this scientific article is to consider the modern system of training mediators in developed countries with different legal systems, their comparative analysis in the context of common methods and techniques of training mediators in the world practice, with further implementation of international experience of developed countries in Ukraine, as well as perspectives for applying mediation as an independent way of resolving legal disputes in Ukraine. In accordance with the purpose and objectives of the research, the author of the scientific work has used a set of methods and techniques of scientific cognition, both general theoretical, special and scientific. Using the epistemological method of the research, the author has defined the essence of mediation as a separate alternative way of resolving disputes, which was initiated in the 60-70s of the XX century in the United States of America. Using the historical method, the author has studied the stages of development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems. The comparative and legal method has been used to generalize international experience in the development of mediation and training of mediators in Ukraine, to develop recommendations for the introduction of such experience in the area of alternative dispute resolution along with litigation. The peculiarities of the stages of the formation and further development of the institution of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems have been analyzed. Based on the generalization of leading international practices, the author has conducted a brief overview of the training of mediators in countries with different legal systems. The expediency of introducing international experience of developed countries in the training of mediators in Ukraine has been substantiated. It has been concluded that the legislative consolidation of the institution of mediation in Ukraine by the example of developed countries with Anglo-Saxon and Romano-Germanic legal systems will provide rapid and cost-effective out-of-court settlement of disputes, as well as improve and simplify access to justice. It has been proved that on the basis of the model of mediation development in developed foreign countries, its introduction in Ukraine will allow to bring the provisions of national justice closer to European standards; reduce state budget expenditures, as well as promote the development and enhancement of the legal culture of citizens.

LAWYER AND CLIENT RELATIONS: UKRAINIAN AND FOREIGN PRACTICES

2018 ◽  
Author(s):  
Oleksii Marochkin ◽  
◽  
Oksana Leshko ◽  
Keyword(s):  
Scientific Work ◽  
The United States ◽  
Scientific Article ◽  
Foreign Countries ◽  
Legal Nature ◽  
Normative Dimension ◽  
Client Relations ◽  
The Relationship ◽  
Approximate Amount

The scientific article is devoted to the analysis of issues related to the peculiarities of the relationship between a lawyer and a client in Ukraine and foreign countries. In the article, the author analyzes the provisions of the Law of Ukraine "On the Bar and Advocate Activity" and the Rules of Lawyer Ethics concerning such aspects of the relationship between an attorney and a client as confidentiality, preservation of attorney secrecy, payment of an attorney's fee and determination of the legal nature of an attorney's "success fee". The works of domestic and foreign scientists, the subject of which the author identified the questions, have been investigated. The author defines trust as the basis of the relationship between the client and the lawyer, defines its value and normative dimension; the issues of possible abuse of confidence on the part of a lawyer were considered. It has been established that the principle of confidentiality is not absolute and when it is applied, there are exceptions provided for by the Rules of Lawyer Ethics. The author draws attention to the fact that neither the legislator, nor the all-Ukrainian bodies of advocate self-government determine the criteria for the reasonableness of the amount of the fee. The available decisions of the councils of lawyers of individual regions on the approximate amount of the fee are of a recommendatory nature. The obligation of a lawyer was established to provide in the agreement on the provision of legal assistance provisionsregarding the procedure for payment conditions, return of fees; the possibility of agreeing on the payment of the “success fee” with the client was determined. The author has analyzed the practice of consideration of disciplinary complaints by the Higher Qualification and Disciplinary Commission of the Bar on certain issues of preserving attorney secrets and attorney fees. The experience of the United States of America, Great Britain and France in the aspect of normative regulation and law enforcement of the issues identified in scientific work is investigated. The author identified both the general characteristics of the relationship between a lawyer and a client in Ukraine and foreign countries, as well as excellent ones. The general characteristics of the relationship between a lawyer and a client can be traced in matters of the concept of lawyer secrecy and the guarantee of its nondisclosure. Distinctive characteristics - in matters of the type of responsibility for the disclosure of attorney secrets and the availability of mandatory criteria for the reasonableness of the amount of the attorney's fee.

The role of the principle of integrity in copyright protection

2021 ◽  
pp. 12-25
Author(s):  
Olena Shtefan
Keyword(s):  
Case Law ◽  
The United States ◽  
Fair Use ◽  
Good Faith ◽  
Scientific Article ◽  
Anglo Saxon ◽  
Fair Dealing ◽  
Applicable Law ◽  
Principle Of Justice

Shtefan O. The role of the principle of integrity in copyright protection.The article is devoted to the disclosure of the essence of the principle of good faith as the quintessence of all principles of law, universal principle, which applies both in procedural and material law. Directly in the article, the principle of good faith is revealed through the prism of the analysis of controversial legal relations arising in copyright relations.The application of the principle of fair use of works is aimed at establishing a balance between the interests of authors of works and the interests of society regarding their use, while sometimes it is used to expand the monopoly of copyright.Analysis of the legislation and case law of Canada, Australia and other countries allows us to define the principle of «fair dealing» as a way to protect («affirmative defense ») from copyright infringement and restrictions, rather than as a statutory right to use someone else’s work. Otherwise, the defendant would be burdened with proving that: 1) the use corresponds to one of those listed in Art. 29 goals (for example, research, criticism or news); 2) the use was «fair» and 3) there were references to the original source.According to the results of the study in the scientific article it was concluded that the existence in the Anglo-Saxon legal family of two conceptually different in the application of doctrines of fair use «fair use» and «fair dealing» and understanding the free use of works in Ukraine, as in other countries in continental Europe, closer to the doctrine of «fair dealing», which implies a statutory list of actions that are classified as fair use, than to the doctrine of «fair use», which operates in the United States. Although it is possible to trace some similarities between the understanding of free use in the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights» and the doctrine of «fair dealing» (given the statutory list of restrictions on copyright), it is necessary to take into account case law and, accordingly, a more «free» interpretationof the applicable law when the courts decide whether the use is a violation of exclusive rights or is an activity within the framework of free (fair) use. Keywords: copyright, illegal use of copyright objects, the principle of justice, thedoctrine of «fair use», the doctrine of «fair dealing».

scholarly journals Visual Analysis of Crop Rotation Fallow Patterns in Recent 5 Years Based on CiteSpace

2021 ◽  
Vol 3 (4) ◽  
Author(s):  
Na Li ◽  
Huifang Xu ◽  
Guoqin Huang
Keyword(s):  
Crop Rotation ◽  
Visual Analysis ◽  
Soil Health ◽  
Developed Countries ◽  
The United States ◽  
Growth And Yield ◽  
Main Research ◽  
Visualization Software ◽  
Foreign Countries ◽  
Research Level

Based on the "Web of Science Core Collection" (SCIE database), this article used the visualization software CiteSpace to visualize and analyze the crop rotation fallow patterns in the past five years. It analyzed the countries, institutions, keywords and hot topics of related literature to explore their research characteristics and development, and to provide reference for crop rotation fallow research and practice. The research shows that: 1) developed countries are the main research force in the field of crop rotation and fallowing, and the connection between the research of each country and each institution is not close; 2) research hotspots can be mainly summarized as: crop growth and yield, greenhouse gas emissions and soil health analysis, and the research in this field is constantly refined, combining macro and micro; 3) In recent years, there is a big gap between China and foreign countries in the field of crop rotation and fallow research. It is necessary to strengthen the cooperation with research institutions in developed countries in Europe and the United States, and to carry out crossregional and interdisciplinary research cooperation to improve the quality of papers and scientific research level.

scholarly journals Protection of patent law objects, created by artificial intelligence (AI) technologies

2021 ◽  
Vol 10 (44) ◽  
pp. 230-240
Author(s):  
Olha Pavlyuk ◽  
Nataliia Parasiuk ◽  
Alona Dutko ◽  
Vasyl Parasiuk ◽  
Oksana Stasiv
Keyword(s):  
Artificial Intelligence ◽  
The United States ◽  
Research Process ◽  
Patent Law ◽  
European Patent ◽  
Legal Systems ◽  
Anglo Saxon ◽  
The United Kingdom ◽  
Stage Of Development ◽  
Structural Methods

The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.

scholarly journals Current Trends in the Development of Mechanisms of State Stimulation in the Manufacturing Industry in Developed Countries

2019 ◽  
Vol 12 (3) ◽  
pp. 118-127
Author(s):  
N. M. Abdikeev ◽  
Yu. S. Bogachev ◽  
E. L. Moreva
Keyword(s):  
Manufacturing Industry ◽  
Developed Countries ◽  
The United States ◽  
Scientific Methods ◽  
Leading Role ◽  
Current Trends ◽  
Foreign Countries ◽  
General Scientific ◽  
Effective Use ◽  
Stimulation Of

The need to ensure the transition of Russia to the six technological mode, of creation of the adequate conditions for this and effective management of such a transition, make the authors turn to the analysis of modern mechanisms used for this purpose, including the state stimulation of the manufacturing industry, which has a leading role in the consolidation of such a transition. The difficulties faced by our country in this task make us turn to the study of the experience of foreign countries that have succeeded in this transition. These includeGermany,Japanand theUnited States, which have long been the steady leaders in the development and use of advanced technologies and in the development of the manufacturing industry as well. The subject of our study was the assessment of the mechanisms of state incentives for manufacturing industry used in countries with developed market economies, through the prism of the objectives and approaches to the functional purpose of the sector. The aim of the study was a determination of the limits of effective use of the mechanisms of state stimulation of the manufacturing industry inGermany,Japanand theUnited States. The methodological basis of the study was: general scientific methods of cognition and research, including system and logical methods, analysis, synthesis, analogy; branch scientific methods, such as economic comparative studies, etc. The analysis of the use of mechanisms of state stimulation of the manufacturing industry in Germany, Japan and the United States shows that the effective use of well-established and well-known in the world mechanisms of state stimulation of manufacturing industry requires in each case a separate integrated and balanced approach to their application with a clearly defined target focus of such use, as well as taking into account the specifics of the entities to which they are addressed, and the multilevel environment in which they operate.

scholarly journals Linear objects as real estate objects: legislative approaches of Russia and foreign countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 41-46
Author(s):  
Oleg R. Skopenko ◽  
Yuri N. Andreev ◽  
Denis N. Latypov ◽  
Anna Rudavina ◽  
Anna S. Shekhovtsova
Keyword(s):  
Real Estate ◽  
Comprehensive Analysis ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Foreign Countries ◽  
The Usa ◽  
Linear Object ◽  
Russian Law ◽  
Definition Of

The purpose of the study is to theoretically develop the problem of attributing linear objects to real estate objects. To achieve this goal, a comprehensive analysis of Russian and foreign legislation was carried out in the framework of relations with linear facilities. At the same time, special attention is paid to the concepts and approaches related to the classification of linear objects as real estate objects in Russian law and in the countries of the Anglo-Saxon and Romano-Germanic legal systems. Considering the civil legislation of Germany, Russia, the USA and France, the authors concluded that there are no unified definitions of the concepts of "linear object" and "real estate"; only a listing of their types has been established. However, the declared concept can be identified based on the definition of the characteristics of real estate in these countries. In this regard, it can be argued that each country has its own understanding in assessing the concept of «linear object» and its attribution to real estate objects.

Convergence or Divergence in Text and Context? Reflections on Constitutional Preambles in the Constitution-making Exercises of Post-independence Cameroon and Post-apartheid South Africa

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Justin Ngambu Wanki
Keyword(s):  
United States ◽  
South Africa ◽  
African Country ◽  
The United States ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Per Se ◽  
The Law ◽  
Western Nations ◽  
Constitution Making

In this article, I attempt to establish the need for the convergence of the spirit of the law—the Preamble—and the letter of the law—the provisions of the Constitution of Cameroon contained in its articles. First, I adduce prototypes or archetypes of ‘Jacobin constitutionalism’ and Anglo-Saxon-style constitutionalism as benchmarks through which I evaluate the extent to which the spirit and letter of the law of the Constitution of Cameroon have been converged. Having established the incongruence of the Preamble with these prototypes, I have referred to the Constitution of post-apartheid South Africa as a fitting paradigm that entrenches modern constitutionalism against which the Preamble to the Cameroon Constitution can be compared, revisited and revised. South Africa has been selected based on the view that, as another African country, it would serve as a more appropriate benchmark for reviewing the Preamble to the Cameroon Constitution than those of the United States, France or other Western nations, which might result instead in a skewed logic. Also, both countries have similar legal systems and historical experiences. A juxtaposition of the two constitutional preambles vividly exposes the lapses in the Cameroon example. As a result, I have suggested that the Cameroon Constitution be amended for the purposes of reviewing its Preamble to bring it into line with the conventional requirements of democratic preambles and to transform the formal demands of the Preamble as tangible demands placed on a government through entrenched provisions. Reasons have been advanced in support of the necessity for including preambulatory clauses in a constitution without which the intent of the constitution per se would be deferred.

POVERTY IS NOT A VICE, BUT HOW TO OVERCOME IT IN RUSSIA?

2021 ◽  
pp. 21-34
Author(s):  
Oksana M. Makhalina ◽  
◽  
Viktor N. Makhalin ◽  
Keyword(s):  
United States ◽  
Great Britain ◽  
Large Scale ◽  
Developed Countries ◽  
The United States ◽  
Income Support ◽  
Material Support ◽  
Foreign Countries ◽  
The World ◽  
Families With Children

An issue of the population poverty is one of the most urgent to- day, both in Russia and around the world. The article considers the statistics of poverty in foreign countries as well as in Russia. In that rating, Russia ranks the 64th. The number of citizens falling under the category of poor in 2020 in- creased to 19.9 million people, which in relative terms is 13.5% of the country’s population. The causes of poverty are revealed, the sequence, forms and methods of overcoming poverty in Russia are formulated on the basis of foreign experi- ence in combating poverty. The decline in the income of the Russian popula- tion according to Rosstat in the 2nd quarter of 2020 in annual terms was 8%. GDP declined by 8%, while Canada’s GDP – 13.5%, Germany – 11.7%, and the United States – 9.5%. It is because since the beginning of the pandemic, many developed countries have implemented large-scale material support for the population. The article analyzes a variety of specific ways and methods of combating poverty in the United States, Great Britain, Spain, India, Finland and other countries. Also it presents results of the experiment with application of the method of using unconditional income, support of the population of the Neth- erlands, Canada, Mongolia, Iran, Kenya, and Germany. The article presents the experience of supporting the population in Russia, where that activity was focused on supporting the families with children. The results prove that such a support option cannot be called large-scale and effec- tive, since, as summing, the real incomes of citizens, unlike in other countries, oddly enough, decreased. Poverty and unemployment continue to grow in the context of the current pandemic. Therefore the conclusion contains proposals on how to overcome the poverty and unemployment in our country.

scholarly journals DIRECTIONS OF INTERNATIONAL COOPERATION IN THE FIELD OF TRAINING OF POLICE STAFF

2020 ◽  
pp. 244-251
Author(s):  
І. В. Серединський
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Rapid Development ◽  
Police Training ◽  
Developed Countries ◽  
The United States ◽  
Educational Institutions ◽  
Scientific Article ◽  
Law Enforcement Agencies ◽  
Police Cooperation

The scientific article examines the issues of areas of international cooperation in the field of police training. Emphasis is placed on the best practices of Western Europe, the United States and Canada. At first it was emphasized that in modern conditions there is a rapid development of international relations on the principles of integration and mutual enrichment, and not on the terms of rigid differentiation. It is determined that the interaction is especially evident in the field of international cooperation of European law enforcement agencies. The author found that international police cooperation is carried out in several main areas: 1) assistance in training for foreign law enforcement agencies; 2) joint research of problems of struggle against offenses; 3) exchange of experience in the field of police training; 4) provision of logistical and advisory assistance. Emphasis is placed on the fact that an important factor is the recognition by the international community among other areas and the need for cooperation in the field of personnel training. The author formulates the main directions of international cooperation in the field of police training, in particular: integration into international bodies and organizations in the field of police training; integration into international police educational institutions; integration into the education system of leading foreign educational institutions, study of experience, analysis of the work of structural units, study of the scale of social activity, the field of scientific research, etc .; creating conditions for the development of police education in a particular country with the help of international partners and the experience of foreign countries; provision-receipt on a mutual, and more often on a unilateral basis to foreign colleagues of means of equipment, communication, equipment for use in police training. Finally, it is noted that the most intensive and effective police cooperation is carried out by the police of highly developed countries with similar economic, political and social conditions, similar legal attitudes and principles of law enforcement.

The Same Only Different: Reflections on Robert Kagan’s Adversarial Legalism

2020 ◽  
Vol 45 (4) ◽  
pp. 1170-1184
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
First Century ◽  
Modern World ◽  
Western World ◽  
Legal Systems ◽  
The Future ◽  
The Law ◽  
Influential Book

Robert A. Kagan’s influential book, first published at the beginning of the twenty-first century, is now brought up to date with a second edition. “Adversarial legalism,” in Kagan’s view, distinguishes law in the United States from the law of other developed countries in many ways, for example, heavy use of policymaking through litigation and punitive regulation, as opposed to bureaucratic and conciliatory techniques. He suggests that this situation is likely to continue. This essay, however, looks at the same phenomena from the standpoint of similarities rather than differences. It suggests that powerful economic and cultural forces, common to the modern world of developed countries, tend to push the legal systems of these countries in parallel directions. Convergence, rather than divergence, is therefore the trend in the legal systems of the Western world; and this trend is likely to continue in the future.

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