Possibilities and Limits of Implementation by the Parties of the Arbitration Agreement and the Principle of Autonomy of Will: Current Trends

2021 ◽  
pp. 88-93
Author(s):  
К. A. Golubenko ◽  
E. V. Voskresenskaya
Keyword(s):  
Law Enforcement ◽  
Economic Relations ◽  
Important Principle ◽  
Current Trends ◽  
The Will ◽  
Settlement Of Disputes ◽  
Autonomy Of Will

The article analyzes the principle of the autonomy of the will, which is fundamental in the regulation of the settlement of disputes arising from the foreign economic relations of the parties. The most important principle under consideration, in particular, allows the parties to decide which law will be applied to regulate their relationship and which court or arbitration will be given the competence to resolve their disputes. The authors note the tendency of the legislative sphere and law enforcement practice to give the parties as much freedom as possible when concluding and implementing the terms of an arbitration agreement. This, of course, increases the possibility of implementing the principle of autonomy of the will of the parties. The authors come to the conclusion that there is also a tendency to form more specific limits of the autonomy of the will when concluding an arbitration agreement. The article analyzes the materials of the judicial and arbitration practice of the Russian jurisdiction, when the autonomy of the will at the conclusion of an arbitration agreement is limited. The authors highlight the criteria for the possibility of applying an arbitration agreement-validity and enforceability, the practice of which is quite contradictory.

La "green economy" e la realizzazione dei diritti dell'uomo alla base dello sviluppo sostenibile

2012 ◽  
pp. 587-607
Author(s):  
Pia Acconci
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Green Economy ◽  
International Organisations ◽  
Economic Interests ◽  
Policy Issues ◽  
Economic Relations ◽  
Current Trends ◽  
International Economic Relations ◽  
The Future

This article focuses on the relevance of the ‘green economy' for the promotion of human rights as the base of sustainable development, in light of major trends in international law. In June of this year, at the end of the UN Conference Rio +20 on Sustainable Development, States adopted a document - "The Future We Want" - which refers to the ‘green economy' as an economic model for the future. "The Future We Want" confirms the tendency towards the increasing involvement of private parties in international economic relations. However, complex policy issues concerning the interaction between economic and non-economic interests/concerns have arisen from current trends towards interdependence, liberalization and privatization. Some issues have brought about international disputes which are difficult to be settled, since the applicable principles and rules to the merits are insufficient and fragmented. As disputes owing to conflicts between economic and non-economic interests/concerns constitute a relevant investment and/or trade risk, all States need to promote the rapid settlement and prevention of such disputes. To this end, States and international organisations might increase the level of integration of non-economic concerns into international agreements concerning economic matters and adopt interpretative guidelines and clarifications of the existing rules.

LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESS

2021 ◽  
Vol 10 (6) ◽  
pp. 84-100
Author(s):  
N.V. ZAYTSEVA
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Current Level ◽  
Judicial Discretion ◽  
Social Phenomenon ◽  
Formal Approach ◽  
The Will ◽  
The Law ◽  
The One

The article is devoted to the study of the concept of legal effectiveness in the context of the goals and purpose of law in general and separately in the private law relations. Since the law is a complex social phenomenon, the author paid special attention to the issues of refraction of normative tasks through the prism of judicial discretion. Law enforcement practice, on the one hand, shows the viability of a particular norm and its compliance with the current level of development of civil society, however, it can also distort the spirit of the law, which will not allow achieving the necessary legal result. Judicial discretion regarding the interpretation of certain legal elements and in assessing the behavior of participants in legal relations can lead to the transformation of legal relations, which does not allow to realize the goals set by the subjects. It is noted that the regulation of the limits of judicial discretion would help to ensure effective legal regulation. Assessing the behavior of participants due to the lack of mechanisms for proving the actual intentions of the parties is difficult for most countries of the continental legal system; therefore, a formal approach prevails and qualifies the will of the parties recorded exclusively in writing.

CURRENT TRENDS IN THE DEVELOPMENT OF ECONOMIC COOPERATION BETWEEN RUSSIA AND MONGOLIA

2021 ◽  
pp. 83-95
Author(s):  
Tatiana V. Lezhenina ◽  
Keyword(s):  
World Economy ◽  
Economic Cooperation ◽  
Asia Pacific ◽  
Economic Potential ◽  
Asia Pacific Region ◽  
Economic Relations ◽  
Bilateral Relations ◽  
Current Trends ◽  
Small Countries ◽  
Foreign Policies

In the post-Soviet era, after a period of stagnation of the 90s, Russia and Mongolia began to actively cooperate, using and updating the economic potential created during the years of cooperation between Mongolia and the USSR. Goal. Explore modern conditions for the transition from stagnation in relations between Russia and Mongolia to cooperation. Tasks. Assess the readiness of the two countries to resume wide-ranging communications on mutually beneficial conditions. Methodology. The use of methods of scientific knowledge, the experience of economic relations of large and small countries in conditions of instability of the world economy, new threats and challenges in the XXI century. Results. It is proved that on the basis of mutually beneficial economic cooperation and coordination of domestic and foreign policies, Russia and Mongolia have created guarantees to maintain peace and promote integration in the Asia-Pacific region. Findings. Using the example of studying bilateral relations between Russia and Mongolia together with tripartite ones in the new Russia-Mongolia-China format, the possibility of reducing the dominance of China's role in Mongolia, reducing American influence and pressure on the leadership of Mongolia in order to weaken the Russian and Chinese presence is proved.

Mandatory Pre-trial Procedure for the Settlement of Disputes in Civil Procedure (Analysis of the Application of Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation)

2021 ◽  
Vol 3 ◽  
pp. 35-47
Author(s):  
D. V. Kniazev ◽  
◽  
A. N. Kukartseva ◽  
Keyword(s):  
Law Enforcement ◽  
Judicial Process ◽  
Trial Procedure ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
The One ◽  
Commercial Organizations ◽  
Settlement Of Disputes ◽  
Overall Effectiveness

The provisions of the arbitration procedural legislation on the pre-trial procedure for the settlement of the dispute are additional requirements to the filing to the court in comparison with civil procedural legislation. According to the legislator, on the one hand, these requirements encourage the independence of commercial organizations and individual entrepreneurs in the settlement of economic disputes, on the other hand, indicate the desire of the legislator to reduce the number of arbitration disputes and increase the effectiveness of justice. About three years have passed since the appearance of the norm in question and some conclusions can be drawn regarding its application by the courts. The authors of the article draw attention to the problematic aspects of law enforcement practice: categories of disputes when the application of pre-trial procedure is mandatory; compliance with the form, content, deadlines for submitting a claim; assessment by the court of the actions of the parties to resolve the dispute before going to court; overall effectiveness of the existing order. The authors conclude that the goal set by the legislator before the pre-trial procedure (an alternative pre-trial method for the resolution of disputes, designed to provide faster, less formalized and costly dispute resolution in comparison with the judicial process) is not achieved.

scholarly journals Competitiveness Assessment for Transport Enterprises in the Context of Accelerated Development of the International Logistics Infrastructure

2019 ◽  
Vol 67 ◽  
pp. 01004
Author(s):  
Olga Ievsieieva
Keyword(s):  
Public Relations ◽  
Methodological Approach ◽  
Road Transport ◽  
Economic Research ◽  
Pricing Policy ◽  
Transportation Services ◽  
Economic Relations ◽  
Motor Transport ◽  
Transport Services ◽  
Current Trends

In the study, the authors have identified the dominant trends in the development of the international road transport services market. These include monopolization and protectionism, structural imbalances, namely, predominance of European transport companies in the international motor transport market, prevailing of private transport companies. Hence, the researchers determined the general vector of improvement of the motor transport services market in the modern stage of internationalization of global economic relations. The current trends in the development of the international road transport services market in Ukraine are substantiated. The authors propose a competitiveness assessment methodology for transport enterprises. It is proposed to quantify the following elements as part of the competitiveness coefficient of a transport enterprise: 1) the range of offered transportation services; 2) pricing policy; 3) advertising; 4) public relations; 5) sales system; 6) employee incentive system; 7) innovative activity of the enterprise. Using the proposed methodological approach will help making reasonable management decisions to improve the efficiency of transport enterprises, to expand the information base of economic research, and to improve the quality of analysis in the context of accelerated development of the international logistics infrastructure.

scholarly journals Fintech Indonesia User Legal Protection in Balance Borrowing Money Based on Information Technology

2018 ◽  
Vol 54 ◽  
pp. 06003 ◽  
Author(s):  
Sulistyandari
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Service Provider ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Service ◽  
Financial Service Provider ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

The growth of FinTech companies in Indonesia is very rapid, currently, there are 142 FinTech Companies in Indonesia. The Financial Services Authority (OJK) continues to encourage the development of information technology-based financial service provider company (FinTech). OJK considers that the more number of FinTech companies, the better it would be. It is important to pay attention to legal protection for FinTech Users, because lending and borrowing services-based information technology has the potential to cause harm to FinTech users, besides being done online, the lender and recipient of the loan do not know each other, and there is no collateral in information technology-based lending and borrowing services. This paper discusses the legal protection of FinTech Users in information technology-based lending and borrowing services, and settlement of dispute in the event of a dispute between FinTech Companies and FinTech Indonesia Users. Legal protection for FinTech Users is provided in agreements made between FinTech Indonesia Companies and FinTech Users and law enforcement OJK Regulation No. 77/POJK.01/2016 The settlement of disputes by complaining to the FinTech Company, to the Financial Services Authority (OJK) or claiming through the General Court.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

Some Problems Connected with the Organs of International Organizations

1965 ◽  
Vol 19 (4) ◽  
pp. 913-928 ◽  
Author(s):  
Wojciech Morawiecki
Keyword(s):  
International Law ◽  
International Organizations ◽  
Essential Feature ◽  
International Organization ◽  
Social Phenomenon ◽  
International Agreement ◽  
Relative Autonomy ◽  
The Will ◽  
Autonomy Of Will

The attempts which have been undertaken, primarily by specialists in international law, to define an international organization emphasize a variety of features which distinguish that social phenomenon. Some of the characteristics that have been mentioned include creation on the basis of an international agreement, the existence of a distinct personality of the organization separate from its individual members, the exhibition of a relative autonomy of will by the organs of the agency as compared with the will of the total of its members, etc. There is general agreement that an essential feature of an international organization is the possession of permanent organs; otherwise, there has so far been no consensus on the necessity for an international organization to possess any specific feature. For example, it can be demonstrated that there are no bases for particularly stressing, as a supposedly indispensable feature of such an organization, its possessing a separate personality and an autonomy of will, as is done by certain French authors.

scholarly journals CRIMINAL POLICY REGARDING CRIMES COMMITTED IN THE SPHERE OF BUSINESS

2020 ◽  
pp. 40-56
Author(s):  
Oleg A. Zaitsev ◽  
◽  
Vladimir P. Kashepov ◽  
Stanislav L. Nudel ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Economic Rights ◽  
Economic Relations

In the article, the authors consider the problems of the formation and implementation of criminal policy in relation to crimes committed in the field of entrepreneurial activity in the context of the development of criminal and criminal procedural law and law enforcement practice. In the Russian Federation, special attention is paid to building trust between government and business; stability and predictability of legal regulation of economic relations; the formation of a law enforcement system that effectively protects economic rights and freedom of entrepreneurship. At the same time, the current norms on responsibility for crimes of an eco-nomic orientation in conjunction with procedural forms of criminal proceedings, as well as their actual implementation, cause justified concern in the science of law and law enforcement practice due to their imperfection. Ensuring the protection of economic relations should be expressed not only in combating economic crime, but also in the development of effective criminal law and criminal procedural mechanisms for protecting the legitimate interests of entrepreneurs who may be involved in the sphere of criminal proceedings. The leading components of Russian criminal policy in the field of economic security are such forms of legislative transformation as criminalization and decriminalization. The ongoing socio-political and economic transformations necessitate the decriminalization of certain acts (for example, in relation to pseudo-business; deliberately false advertising, consumer fraud, etc.) or require the criminalization of certain acts in the economic sphere (in particular, in relation to the falsification of a single state register of legal entities, illegal retail sale of alco-holic and alcohol-containing food products, etc.) The humanization of legislation is substantiated by modern concepts of substantive and procedural guarantees for ensuring the rights of entrepreneurs, aimed at mitigating measures of criminal repression, the need to maintain a balance of private and public interests that need appropriate legal protection. Modern criminal policy is inevitably associated with the further modernization of criminal proceedings, the democratization of its principles and means of law enforcement. At the same time, the main emphasis is placed on the creation of a special, favorable procedural regime in the conduct of preliminary investigation and court proceedings. First of all, this concerns changes in the procedure for applying preventive measures. In addition, in cases of crimes in the field of entrepreneurial and other economic activity, the criminal procedure legislation has undergone changes, fixing the features: the procedure for considering a report of a crime; initiation of a criminal case against entrepreneurs; the performance of procedural actions with electronic media, other items and documents seized in the course of criminal proceedings; release from criminal liability and termination of criminal prosecution, etc. It is concluded that, within the framework of the state's criminal policy, one should expect changes and additions to criminal and criminal procedural legislation aimed at strengthening trust between the government and business, the formation of a fair law enforcement system that can effectively protect basic economic rights and freedom of entrepreneurship.

scholarly journals Agreements on Alternative Methods of Conflicts Settlement: Their Legal Essence and Advantages

2019 ◽  
pp. 53-59
Author(s):  
I. А. Stepanova
Keyword(s):  
Conflict Resolution ◽  
Civil Rights ◽  
Alternative Methods ◽  
Current Trends ◽  
Foreign Countries ◽  
Legal Nature ◽  
General Order ◽  
Mediation Agreement ◽  
Settlement Of Disputes ◽  
Practical Recommendations

Introduction. In the article the legal nature of agreements on alternative methods of settlement of the conflicts is analyzed. The terminological problem of use of various categories connected with alternative settlement of the conflicts is considered. The author claims that the agreement under consideration has civil character, and is directed to change of the general order of protection of the subjective civil rights of contractors. The article proves that the conclusion of the designated agreement has essential advantages to contractors since it allows them to save time and money, to keep partnership, confidentiality and to choose a professional intermediary.Materials and methods. The theoretical basis of the research rests on the works by the Russian and foreign researchers in which various methods of alternative conflict settlement are considered. In particular, the terminological issues concerning the use of the term «alternative methods of settlement of disputes» are analysed by Davydenko D.L. The works of the Russian(Inshakova A. Oh, Kazachenok S. Yu., Sevastyanova, TymchukYu.A., etc.) and foreign (Brown J., Harvey K., Kovick D., Susskind E.L.) researchers are devoted to current trends of development of alternative methods of conflicts settlement. The complex research of the existing alternative mechanisms of settlement of disputes is presented in the works «Ways of settlement of disputes in different law systems » (by Artemyev Yu.A., Ermakov E.P., Kovyrshin N.A., Rusakova E.P.), «Alternative mechanisms of settlement of disputes as the instrument of formation of the favorable environment for business activity (evidence of Russia and foreign countries)» (editor-in-chief N.G. Semilyutin. M). At the same time, it is necessary to state that there is a lack of the scientifc works exploring the issues of agreements on alternative methods of conflict settlement. The study used both general scientifc methods (dialectical method of cognition, analysis, synthesis, etc.) and particular scientifc methods (formal legal, logical, etc.) of scientifc cognition.Results of a research. As a result of the analysis, the author’s defnition of the category “agreements on alternative methods of conflict resolution” was formulated, the essential features of the agreements under consideration were identifed, and the advantages of their conclusion were justifed. The author argues that agreements on alternative methods for resolving conflicts are of a civil law nature, and, accordingly, constitute a specifc type of contract (agreement on the use of a conflict resolution complaint procedure, arbitration agreement, mediation agreement).Discussion and conclusion. The need to develop the corresponding practical recommendations is proved taking into account the advantages of the conclusion of agreements to use the alternative methods of conflicts settlement. It is emphasized that the existence of evidence-based practical recommendations about the conclusion of agreements acts as one of the factors ensuring the effectiveness of their realization.

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