scholarly journals Online reconciliation as a means of improving the access to justice

2021 ◽  
pp. 29-45
Author(s):  
Elena Vladimirovna Burdina ◽  
Oleg Aleksandrovich Kapustin
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Integrated Model ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Analysis ◽  
Digital Services ◽  
Judicial Proceedings ◽  
Current Context ◽  
The Subject

The subject of this research is the problem of improving the effectiveness of conciliation procedures, their relevance to the citizens, and increasing the role and importance of the forms of pacific settlement of the dispute within the Russian system of justice in the conditions of digitalization of judicial activity. The goal of this article is to prove online reconciliation as a method for improving access to justice, as well as substantiate the integrated model of reconciliation in judicial activity using digital services and platforms. Leaning on the works of the Russian and foreign researchers (V. M. Zhuykov, S. K. Zagaynova, V. V. Yarkov, and others), the conclusion is made that the institution of reconciliation, including mediation, is historically built around the judicial system. Hindsight analysis of the judicial and non-judicial forms of dispute settlement indicates their coherent development. The implementation of the digital platform “Justice Online” in judicial activity allows improving citizens’ access to dispute resolution in or without judicial proceedings using pacific means. In the current context, reconciliation is viewed within the structure of judicial activity and consists in implementation of reconciliation procedures, including online reconciliation, in the courthouse or with the involvement of court, or via digital judicial platforms. The application of comparative legal analysis substantiates the integrated mod el of reconciliation, which has the following characteristics: access to mediation services in the courthouse; granting authorities to the court staff for elucidation of the possible methods of dispute settlement; accretion of power of reconciliation judges; integration of technological services of online reconciliation with the digital judicial platform; merger between the website of the court and the websites of mediation organizations.

Consideration of Civil Disputes During a Pandemic: Experience of England and Wales

2021 ◽  
Vol 6 ◽  
pp. 83-87
Author(s):  
A. S. Slabospitsky ◽  
Keyword(s):  
Dispute Resolution ◽  
Scientific Knowledge ◽  
Judicial System ◽  
Access To Justice ◽  
England And Wales ◽  
Advantages And Disadvantages ◽  
Legal Method ◽  
Administration Of Justice ◽  
The Subject ◽  
Court Proceedings

The restrictions that have arisen in a pandemic have a significant impact not only on substantive relations, but also affect the scope of dispute resolution. The resulting «procedural risks» arising from the «freezing» of court proceedings during a pandemic can be partially neutralized, for which it is necessary to use various remote mechanisms of access to justice. The author of this article researched international and interstate agreements, as well as legislation, experience of the judicial system of England and Wales, which adopted a number of procedural mechanisms for remote litigation in civil and economic disputes. The subject of work is interstate agreements and legislative and other normative legal acts of England and Wales, regulating the administration of justice in civil and economic disputes during a pandemic, the legal positions of the highest courts of England and Wales. The purpose of the work is to highlight the practical proposals of this jurisdiction for the administration of justice during the period of current restrictions, to identify the advantages and disadvantages of the analyzed experience. In the study, the following methods were used: logical methods (analysis, synthesis), formal legal method, and the study was carried out taking into account other methods of scientific knowledge. It is indicative that, despite the analysis of the experience of two independent judicial systems, a number of mechanisms proposed for implementation have common fundamental features, such as the transition to the widespread use of videoconferencing for holding a court session, as well as the resulting problems in identifying participants in the trial and the evidence presented.

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

scholarly journals Administrative mechanisms for resolving individual labour disputes in foreign countries

2021 ◽  
Vol 118 ◽  
pp. 03011
Author(s):  
Aleksei Vladimirovich Iglin
Keyword(s):  
Dispute Resolution ◽  
Research Methods ◽  
Access To Justice ◽  
Legal Analysis ◽  
Labor Disputes ◽  
Labor Management ◽  
Dialectical Approach ◽  
Legal Method ◽  
Foreign Countries ◽  
Conducting Research

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

scholarly journals PELAKSANAAN MEDIASI PADA PENYELESAIAN PERCERAIAN DI PENGADILAN AGAMA KUNINGAN

2017 ◽  
Vol 4 (2) ◽  
pp. 98
Author(s):  
Fitri Purnamasari, Diding Rahmat Dan Gios Adhyaksa
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Secondary Data ◽  
Negotiation Process ◽  
Primary Data ◽  
Access To Justice ◽  
Literature Study ◽  
Thesis Writing

AbstractThe author conducted this research with the background of the implementation of Mediation in Kuningan Religious Court in Kuningan. The purposes of writing this paper are to know how the Implementation on Divorce Settlement in Kuningan Religious Court and to know the factors that affect the success of mediation in the Kuningan Religious Court. The method used in this research is with empirical juridical approach using primary data and secondary data and data collection techniques are interviews, observation and literature study. The results of this research are the mediation arrangements set out in the Supreme Court Regulation (PERMA ) Number 1 Year 2016 about Mediation Procedures in Courts and more specifically stipulated in the Decree of the Chief Justice Number 108 / KMA / AK / VI / 2016 on Mediation Governance at the Court. Mediation is the means of dispute resolution through the negotiation process to obtain agreement of the Parties with the assistance of the Mediator. Mediator is a Judge or any other party who has a Mediator Certificate as a neutral party assisting Parties in the negotiation process to see possible dispute resolution without resorting to the disconnection or enforcement of a settlement. Its implementation has been regulated in Law Number 1 Year 1974 about concerning Marriage, Compilation of Islamic Law, and Supreme Court RegulationNumber 1 of 2016 concerning Mediation Procedure in Court. The conclusion of this thesis writing is Mediation which should be one of the alternative process of dispute settlement which can give greater access to justice to the parties in finding satisfactory dispute settlement and to fulfill the sense of justice, and become one of the effective instrument to overcome the problem of case buildup especially for the case Divorce, in the end has not been effectively implemented.Keywords: Mediation, Divorce, Marriage.�AbstrakPenulis melakukan penelitian ini dengan latar belakang yaitu bagaimana pelaksanaan Mediasi pada Pengadilan Agama Kuningan. Tujuan penulisan ini untuk mengetahui bagaimana Pelaksanaan pada Penyelesaian Perceraian di Pengadilan Agama Kuningan dan untuk mengetahui bagaimana faktor-faktor yang memepengaruhi keberhasilan mediasi di Pengadilan Agama Kuningan. Metode yang digunakan dalam penelitian ini adalah dengan pendekatan yuridis empiris dengan menggunakan data primer dan data sekunder serta alat pengumpulan data yang digunakan melalui wawancara, observasi dan studi pustaka. Hasil penelitian ini adalah pengaturan mediasi diatur dalam Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dan lebih spesifik diatur dalam Keputusan Ketua Mahkamah Agung Nomor : 108/KMA/AK/VI/2016 tentang Tata Kelola Mediasi di Pengadilan. Mediasi adalah cara penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan Para Pihak dengan dibantu oleh Mediator. Mediator adalah Hakim atau pihak lain yang memiliki Sertifikat Mediator sebagai pihak netral yang membantu Para Pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian. Pelaksanaannya telah di atur dalam Undang-Undang Nomor 1 Tahun 1974 tentang Perkwinan, Kompilasi Hukum Islam, dan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Kesimpulan dari penulisan skripsi ini adalah Mediasi yang seharusnya menjadi salah satu alternatif proses penyelesaian sengketa yang dapat memberikan akses keadilan yang lebbesar kepada para pihak dalam menemukan penyelesaian sengketa yang memuaskan dan mmemenuhi rasa keadilan, serta menjadi salah satu instrumen efektif mengatasi masalah penumpukan perkara khususnya untuk perkara perceraian, pada akhirnya belum efektif dilaksanakan.Kata Kunci : Mediasi, Perceraian, Perdata

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 Legal Analysis of Hospital Dispute Settlement through Mediation by Provincial Hospital Supervisory Board (BPRS)

2018 ◽  
Vol 54 ◽  
pp. 03016
Author(s):  
Nurani Ajeng Tri Utami
Keyword(s):  
Dispute Resolution ◽  
Analytical Approach ◽  
Dispute Settlement ◽  
Scientific Information ◽  
Supervisory Board ◽  
Legal Analysis ◽  
Provincial Hospital ◽  
Resolution Process ◽  
Hospital Board ◽  
To Receive

Law No. 44 year 2009 on Hospitals mandates the establishment of the Hospital Supervisory Board (BPRS) at national and provincial levels. One of the duties of the Provincial Hospital Board of Supervisors, as mentioned in Article 60, is to receive complaints and to mediate the dispute resolution process. Previously, if the parties agree to use the settlement of the dispute with mediation, it only involves the hospital with the patient or the party who feels aggrieved, and the mediator if necessary. However, there are still hospitals or parties who are harmed by the hospital who directly sued to the court. This paper will explain normatively how the arrangements and obstacles on the dispute settlement of the hospital by means of mediation through BPRS. This research uses normative juridical method with statute approach and analytical approach. The result of this research will describe the arrangement comprehensively and constraint normatively about BPRS as a scientific information for the improvement of BPRS.

scholarly journals The Failure of the Court to Protect Consumers: A Review of Consumer Dispute Resolution in Indonesia

2020 ◽  
Author(s):  
M. Syamsudin
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Empirical Data ◽  
Dispute Settlement ◽  
Public Trust ◽  
Decision Making Process ◽  
Access To Justice ◽  
Entire System ◽  
The Public

Abstract Indonesia needs strong measures to protect its consumers, which leads to the creation of the Consumer Dispute Settlement Agency (BPSK) as an arbiter to settle disputes between consumers and businesses efficiently. The Indonesian Supreme Court (MARI) has set aside an alarming number of BPSK arbitral awards, putting the entire system in jeopardy. The aims of this study are to examine the empirical data on MARI’s decisions in setting aside arbitral awards and analyse their decision-making process. This research shows how MARI has been interpreting the statue promulgating the BPSK very narrowly. The result of MARI’s interpretation of the law has deep implications for consumer protection in Indonesia, namely that the public trust in the enforcement of Consumer Protection Law by BPSK has been severely diminishing, leaving consumers without meaningful access to justice or protection of their rights.

scholarly journals Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases

2020 ◽  
pp. 59-69
Author(s):  
Almaz Firzyarovich Abdulvaliev
Keyword(s):  
Russian Federation ◽  
Geographical Location ◽  
Access To Justice ◽  
Appellate Courts ◽  
Criminal Cases ◽  
New Approach ◽  
Original Proposal ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the study of the work of appellate courts of general jurisdiction on revision of criminal cases in higher jurisdiction courts based on the position of their of their geographical location on the territory of the Russian Federation. The five newly formed appellate courts of general jurisdiction do not fully contribute to realization of such principle of criminal procedure as independence of judges, as well as adherence to the requirements on directness and oral nature of judicial proceedings. The goal of this article is to examine the positions of the current appellate courts of general jurisdiction from geographical perspective. For a deeper examination of the appellate peculiarity, the scientific research into this problem was carried out with consideration of the geographical specificity of the territory of Russia and its regions, and thus the level of development of logistical infrastructure in the constituent entities of the Russian Federation. The scientific novelty consists in the original proposal for creation of twelve appellate courts of general jurisdiction throughout the territory of the Russian Federation with their permanent placement in cities not currently handled by other judicial institutions of higher jurisdiction. Such new approach should fully the citizens’ right to access justice, and also ensure the principle of independence of judges.

scholarly journals Principles of functioning of the judicial system of Ukraine and the Court of Justice of the European Union in the period of global spread of COVID-19 virus: comparative legal analysis

2020 ◽  
Vol 11 (11) ◽  
pp. 299-307
Author(s):  
Kaminska Ilona Vasylivna.
Keyword(s):  
European Union ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Analysis ◽  
The European Union ◽  
Emergency Situations ◽  
Court Of Justice ◽  
Global Spread ◽  
The Subject ◽  
Legislative Changes

The article explores the pandemic justice arrangements that have been taken in Ukraine as a democratic unitary state and in the European Union. The objects selected for the study - the judiciary of Ukraine and the Court of Justice of the European Union, in our opinion, can be compared, since the subject of the study is the principles of organization of work of judicial institutions, which were in the same conditions of global spread COVID-19 and the action aimed at combating them. Based on the analysis, we can determine that, at the time of the quarantine, the legislature empowered the courts, regardless of the form of justice, to restrict the access of free listeners to the courtroom. In assessing the work of the courts during the quarantine period, it should be noted that the legislative changes in the quarantine conditions did not contribute to the functioning of the judicial bodies. The judicial institutions continued to operate without much change in the way they worked. But unlike the EU Court of Justice, which on its own initiative postponed the hearing of cases in court sessions and directed the work of the court to hear urgent cases, Ukrainian judges continued to hear cases, postponing their consideration only at the request of the parties. It should be noted that a comparative analysis of the organization of the functioning of the judicial system in Ukraine and the Court of Justice in the period of emergency caused by the spread of coronary virus infection shows that, unlike the Court of Justice, the judicial power in Ukraine is not endowed with independence, as a basis for the organization of judicial power, which makes it impossible to exercise effective handling of cases in emergency situations and is a wake-up call to the independence of the judiciary as a whole. Keywords: Judicial system of Ukraine, EU Court of Justice, comparative legal analysis, COVID-19.

International standard of access to justice and subject of civil procedural law

2021 ◽  
Vol 28 (3) ◽  
pp. 197-208
Author(s):  
Vyacheslav V. Komarov ◽  
Tetiana A. Tsuvina
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
European Convention ◽  
Access To Justice ◽  
International Standard ◽  
Procedural Law ◽  
Broad Concept ◽  
The Subject ◽  
Civil Cases ◽  
National Systems

The current state of development of national systems of civil justice is described by the growing influence of the ideas of accessibility and efficiency of justice in civil cases and requires the harmonization of national systems with international standards of fair trial. This necessitates a rethinking of some classical provisions of the doctrine of civil procedural law to comply with modern realities. The aim of the article is to study the evolution and approaches to the modern interpretation of the international standard of access to justice in civil cases, as well as its impact on the doctrine of the subject of civil procedural law at the doctrinal level. The article is based on dialectical, histo rical-legal, system-structural, logical-legal, comparative-legal research methods, as well as methods of analysis and synthesis, autonomous and evolutionary interpretation of the European Convention on Human Rights (ECHR). The authors advocate a broad approach to the concept of access to justice, including access to justice, access to effective remedies and access to alternative dispute resolution. Through the prism of the international standard of access to justice, the ideas of procedural centralism, based on the idea of judicial protection as the main and most effective form of protection of violated rights, and procedural pluralism, based on the provision of multiple forms of protection, the effectiveness of which is determined by the circumstances of a particular dispute. The authors substantiate the conclusion about the expediency of the perception of the idea of procedural pluralism at the level of the national legal order. A parallel is drawn between the ideas of procedural centralism and pluralism that have developed in foreign literature, and the narrow and broad concept of the subject of civil procedural law, formed in the domestic doctrine. Taking into account the autonomous interpretation of the concept of “court”, enshrined in paragraph 1 of Art. 6 of the ECHR, as well as the increasing popularization of alternative dispute resolution, provide arguments in support of a broad concept of the subject of civil procedural law, including civil litigation and alternative dispute resolution, in particular, arbitration, international commercial arbitration, mediation, etc.

Sign in / Sign up

Export Citation Format

Share Document