Judicial Protection of the Rights of Consumers of Financial Services

2021 ◽  
Vol 5 ◽  
pp. 89-95
Author(s):  
А. V. Efimov ◽  
Keyword(s):  
Financial Services ◽  
Judicial System ◽  
Access To Justice ◽  
Scientific Methods ◽  
Trial Procedure ◽  
Financial Organization ◽  
Consumer Access ◽  
General Scientific ◽  
Judicial Procedures ◽  
Judicial Protection

. The institution of a financial ombudsman significantly affects the procedure for protecting the rights of consumers of financial services. The problem is that the protection of consumer rights in the courts is complicated by the factual double mandatory pre-trial procedure for resolving a dispute, in which, before going to court, the consumer is obliged to contact a financial organizationand a financial ombudsman. The purpose of this article is to formulate a theoretical approach to the balance between consumer access to justice and the burden on the judicial system. Research objectives: characteristics of the consumer of financial services; assessment of the pre-trial procedure for protecting the rights of consumers of financial services; search for the optimal ratio of pre-trial and judicial procedures for protecting the rights of consumers of financial services. When writing this article, general scientific methods (system, functional, group of logical methods) and special legal methods (formal legal, legal modeling method) were applied. The article criticizes the existing procedure for protecting the rights of consumers of financial services for the imbalance between consumer access to justice and the burden on the judicial system. The author proposes the introduction of a mixed jurisdiction of disputes involving consumers, in the framework of which it is assumed that after contacting a financial organization, the consumer will have the choice of a jurisdictional body- the consumer will be able to appeal to both the financial ombudsman and the court. At the same time, the development of the institution of a financial ombudsman by improving the efficiency, efficiency and other characteristics of dispute resolution will increase its attractiveness for consumers, stimulating them to resolve disputes out of court.

scholarly journals Judicial protection of pension rights: problems of theory and practice

2018 ◽  
Vol 2 (1) ◽  
pp. 164-179
Author(s):  
Marina G. Sedelnikova ◽  
Alexandra A. Puzyreva
Keyword(s):  
Theory And Practice ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Scope Of Application ◽  
General Scientific ◽  
The Subject ◽  
Special Rules ◽  
Judicial Procedures ◽  
Definition Of ◽  
Judicial Protection

The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (formal-legal methods method of legal interpretation) were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics

2021 ◽  
pp. 373-387
Author(s):  
Valentina M. Bolshakova
Keyword(s):  
Social Activity ◽  
Legal Framework ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Proceedings ◽  
Social Trends ◽  
The Subject ◽  
Judicial Protection

The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.

scholarly journals Current Issues and Problems of Challenging Legal Proceedings for Antimonopoly Control of Administrative Offences Legal in Courts

2021 ◽  
Vol 3 (2) ◽  
pp. 103-116
Author(s):  
Кirill А. Pisenko ◽  
Keyword(s):  
Theoretical Basis ◽  
Judicial System ◽  
Business Law ◽  
Public And Private ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
Balance Of Interests ◽  
Judicial Proceedings ◽  
General Scientific ◽  
Social Economic Development

Introduction. The article is devoted to the development of methods of solving the current issues and problems of how to challenge legal acts of administrative offence proceedings for antimonopoly control in the courts. The focus is on the problem of the balance of interests between support for, and on the other hand increasing the burden on the judicial system of administrative procedural regulations for challenging such acts. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence. This is primarily the administration and administrative procedures, antimonopoly (competition) law, business law and their related scientific fields. The methodological basis of this research is a combination of philosophical, general scientific and private scientific methods of cognition. Results. This study of administrative and procedural antimonopoly regulation has shown that there is no well-thought-out system of legal means in the legislation that meets the needs of en- suring a balance of interests in terms of approaches to procedural economy and the efficiency of using public and private resources. As a result, administrative and judicial proceedings in- crease for the same events of alleged violations whilst there is an absence of an objective need to engage in many of them. This leads to overloading of the judicial system, an unreasonable expenditure of public resources and costs of participants in the process. It creates unreason- able economic-legal barriers, resulting in the distraction of the forces and resources of the state and the private sector from solving problems of social-economic development and socially useful business activity. Discussion and Conclusion. To overcome this complicated problem, obviously, requires legisla- tive change, confidently using the principles of law, and an analogy of law that will form the ap- proaches for the objective needs of the balance of interests. This paper contains specific propos- als for the development of such approaches.

scholarly journals To the question on “necessary” evidence in consideration of requirements on seeking insurance reimbursement in accordance with an automobile insurance policy

2020 ◽  
pp. 25-35
Author(s):  
Olga Aleksandrovna Egorova
Keyword(s):  
Financial Services ◽  
Theoretical Research ◽  
Insurance Company ◽  
Legal Analysis ◽  
Insurance Policy ◽  
Judicial Process ◽  
Scientific Methods ◽  
Financial Organization ◽  
Insurance Reimbursement ◽  
Service Consumer

This publication discusses the question on “necessary” evidence assessable by the court in consideration of requirements of the consumer of financial services to insurance company regarding the seeking reimbursement of property damages resulting from an automobile accident. The author examines the question on recognition as “necessary” evidence a decision of a financial officer made after examination of the claim of a financial service consumer on violation of insurance policy obligations by the insurer, as well as materials obtained by the financial officer in examination of such claim. The theoretical research is based on application of the following scientific methods: systemic-structural analysis, synthesis, and comparative-legal analysis. The research substantiates the position that recognition as “necessary” evidence of materials collected by the financial officer in examination of a claim of a consumer of financial services on violation of obligation by a financial organization would contribute to a proper examination of an insurance dispute, as well as meet the goals of the procedural efficiency of the judicial process, since the requirement of these materials from the financial officer by the court will exclude the need for repeated submission of these materials during a hearing.

scholarly journals FEDERAL PATENT COURT OF GERMANY AS AN INSTITUTE FOR THE PROTECTION OF PATENT RIGHTS

2020 ◽  
Vol 24 (4) ◽  
pp. 1024-1038
Author(s):  
Karina V. Kirilova
Keyword(s):  
Federal Court ◽  
Legal Regulation ◽  
Patent Law ◽  
Judicial System ◽  
Federal Republic Of Germany ◽  
Patent Rights ◽  
Long Time ◽  
German Model ◽  
General Scientific ◽  
Judicial Protection

The establishment of the Institute for the protection of patent rights, namely the establishment of the Federal patent court of Germany, has passed a rather difficult historical path. Interest to protection of patent rights was first identified in 1877, and that year the Patent law came into force; it is still relevant with a new version dated December 16, 1980. The German Federal patent court was established on 1 July 1961 as an independent Federal court. Strife for its establishment was conducted for a long time; it was accompanied by the need to introduce qualified specialists into that system, so called technical judges. The relevance lies in the borrowing of the German model of organization and functioning of the Federal patent court of the Federal Republic of Germany by other States to regulate the work of such a body in the judicial system of the country. The purpose of this article is to study the Institute for intellectual property protection in Germany. The author pays attention to the place and role of the Federal patent court of Germany in the German judicial system, as well as examines the legal regulation of the activities, structure and formation of the Federal patent court of Germany. The methodology of the research consists of the General scientific dialectical method of cognition and the methods that stem from it: systemic, logical, special-legal and statistical. In conclusion, the author of the study argues that today the most effective tool in ensuring and restoring violated intellectual rights is judicial protection, because the process of reviewing complaints in court contributes to finding objective solution to the dispute and allows restore the violated rights.

scholarly journals TRENDS IN THE DEVELOPMENT OF INNOVATIONS IN THE RUSSIAN SECURITIES MARKET

2021 ◽  
pp. 28-35
Author(s):  
E.A. Annenkova ◽  
Keyword(s):  
Financial Services ◽  
Securities Market ◽  
Competitive Advantages ◽  
Scientific Methods ◽  
Market Participants ◽  
General Scientific ◽  
Definition Of ◽  
Private Investors ◽  
High Degree ◽  
Regressive Analysis

The relevance of the problem under study was due to the emergence of new financial technolo¬gies and the creation of prerequisites for their active introduction into the securities market. The activity of the securities market would in many ways expand the opportunities of both the population, represented by private investors and enterprises, which in turn made it possible to solve many problems. Digitalization today has af¬fected all areas of activity, including the securities market. It had an impact on both financial institutions and financial partners. In order to reduce the time spent performing operations, gain competitive advantages over competitors, and attract more customers, securities market entities sought to make as much use of the latest developments as possible in various aspects of performance. Digital transformations in the securities market inevitably entail a rethinking of the views of users and participants in these fi-nas relations. The purpose of the article is to highlight trends in the development of innovations in the securities market and identify the degree of their influence on market participants. In the course of the study, general scientific methods of cognition, such as analysis, synthesis, induction and generalization, were applied. The definition of innovations in the securities market was given, the necessity of their use in the activities of the subjects of the securities market was proved, the main trends were characterized and a regressive analysis was carried out, which proved a high degree of influence of the welfare of citizens and the number of subjects from innovations. In the article, based on the accumulation of the introduction of innovations into the activities of participants in the Russian securi¬ties market, ways of improving them are proposed. It also considered and argued the possibility of creating a financial supermarket based on the Moscow Exchange in the form of a marketplace, which in the future will be able to offer all types of financial services. The results obtained in the course of the study could be used in the formation of a competitive strategy for participants in the securities market in the process of implementing their innovative activities.

scholarly journals INVOLUNTARY ADMISSION TO HOSPITAL IN FOREIGN COUNTRIES: ADMINISTRATIVE AND JUDICIAL PROCEDURES

2020 ◽  
pp. 418-441
Author(s):  
A. A. Solovyev ◽  
◽  
Е. V. Aristov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Involuntary Admission ◽  
Legal Analysis ◽  
Involuntary Hospitalization ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Judicial Procedures

Introduction: the article deals with the legal regulation of the involuntary admission procedures in different countries. Purpose: to study different administrative and judicial procedures that regulate the process of involuntary hospitalization and treatment through the instrumentality of court and other authorized bodies. Methods: the methodological framework of the research is represented by a group of general scientific methods: systematicity, analysis and synthesis, concretization. The principal private law method of the research is the comparative legal analysis. Results: the research has revealed the absence of a unified approach in legislation of different countries to the content of administrative and judicial procedures regulating the mechanism of involuntary hospitalization and medical treatment. The scope of administrative judicial procedures was found to differ in terms of legal regulation. The competency of administrative and judicial bodies in various countries with regard to the issues under study was defined. Conclusions: analysis of the relevant normative legal acts of various countries allows for a conclusion that different approaches in legal regulation make it possible not only to use different administrative and judicial procedures for involuntary admission but also to introduce different law enforcement acts, while not always by judicial and administrative bodies.

scholarly journals BEHAVIOURAL SUPERVISION OF THE BANK OF RUSSIA IN PROTECTION OF FINANCIAL SERVICES CONSUMERS' RIGHTS

2020 ◽  
Vol 24 (2) ◽  
pp. 314-334
Author(s):  
Irina V. Mikheeva ◽  
Elizaveta A. Dolkova
Keyword(s):  
Financial Services ◽  
Financial Management ◽  
Legal Regulation ◽  
Behavioral Approach ◽  
Regulation Mechanism ◽  
Scientific Methods ◽  
Advantages And Disadvantages ◽  
Legal Method ◽  
Legislative Framework ◽  
General Scientific

The article is devoted to a new type of supervision of financial market participants - behavioral supervision of the Bank of Russia. Behavioral approach to the protection of financial services consumers rights is treated in the zone of action of the administrative-legal regulation mechanism. The authors point to the public nature of the subject composition of its implementation (the Bank of Russia and the executive authorities); the possibility of using the judicial (consideration of citizens' appeals) and (as a result) jurisdictional (bringing the violators of the financial services consumers rights to administrative responsibility) procedural administrative and legal algorithms. The article outlines the types of the behavioral supervision regime of the Bank of Russia. Reactive behavioral supervision is a reaction of the Bank of Russia to complaints or received information about unfair behavior of the financial company towards the consumer. Preventive behavioral supervision is associated with the prevention of serious violations of citizens rights by supervised organizations. Particular attention is paid to consumer risks, the identification of which is one of the goals of behavioral supervision. Supervisory behavioral aspects are closely associated with the financial consumer protection as an important part of the control and supervising activity of the Bank of Russia. Also, the authors analyze the goals and content of behavioral approach to the financial management aimed at minimizing unfair practices. To gain the aim of the research the authors apply general scientific methods (synthesis and analysis, induction and deduction, generalizations) and special methods (formal-legal method). By using general scientific methods and formal-legal method authors investigate the organizational and legal basis for the implementation of behavioral supervision in Russia and determine its advantages and disadvantages. The study expresses assertion that there is the need to place behavioral supervision in the legislative framework, to formulate a definition of behavioral supervision, to clarify the scope and powers of the subjects of its implementation, to determine the content of administrative procedures for the implementation of various types of behavioral supervision within the framework of the interaction of the Bank of Russia and the executive bodies involved in its implementation.

КОМУНІКАТИВНА КОМПЕТЕНТНІСТЬ У ПОЛІТИЧНОМУ ДИСКУРСІ (НА ПРИКЛАДІ ОФІЦІЙНИХ СТОРІНОК НАРОДНИХ ДЕПУТАТІВ У СОЦІАЛЬНІЙ МЕРЕЖІ «ФЕЙСБУК»)

2020 ◽  
pp. 4
Author(s):  
T. Sashchuk
Keyword(s):  
Social Network ◽  
Subject Matter ◽  
Communicative Competence ◽  
Professional Activity ◽  
First Person ◽  
Short Text ◽  
Scientific Methods ◽  
Content Analysis Method ◽  
General Scientific ◽  
Facebook Pages

<div><em>The article presents the results of the study of the communicative competence of the politicians on the basis of the analysis of their messages on their official pages of the Facebook social network. The research used the following general scientific methods: descriptive and comparative, as well as analysis, synthesis and generalization. The quantitative content analysis method with qualitative elements was used to distinguish the peculiarities of information messages that provide communication of the deputies of Verkhovna Rada (Ukrainian Parliament) on their official Facebook pages. Information messages have been analyzed by the following three criteria: subject matter, structure and language.</em></div><p> </p><p><em>For the first time the article draws a parallel between communicative competence and the ability to communicate with voters on the official pages of Facebook which is the most popular social network in Ukraine. As it is established, communicative competence in the analyzed cases is caused not by education, but by previous professional activity of a politician. The most successful and high-quality communication was from the current parliamentarian who worked as a journalist in the past. More than half of the messages that provided successful communication consisted of sufficiently structured short text and a video. The topic covers the activity of the parliamentarian in the Verkhovna Rada and in his district. More than half of the messages are spoken in the first person.</em></p><p><em>The findings of the study can be used in teaching such subjects as Political PR and Electronic PR, and may be of interest to politicians and their assistants.</em><em></em></p><p><strong><em>Key words:</em></strong><em> competence and competency, communicative competence, political discourse, official page of the deputy of Verkhovna Rada of Ukraine on the Facebook social network, subject matter and structure of the information message, first-person narrative, correspondence of communication to the level of communicative competence.</em></p>

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