LEGAL AND TELEOLOGICAL ASPECTS OF THE PROTECTIVE FUNCTION OF PROCEDURAL NORMS OF SOCIAL INSURANCE

Determining the protective function of the norms of the pre-trial procedure in cases of pension and retirement benefits based on the aim and scope of the norms is not only possible but also necessary for a wider understanding of social insurance. The legal and teleological context plays the role of a determinant of the aim of a legal norm desired by the legislator and allows for the indication of exemplary institutions which, established by the legislator, perform a protective function. When norms are being examined through the prism of the psychological theory of law they show that social security law is a psychological phenomenon and should be subjected to a multidimensional study that will reveal the intended aim of the legislator. The protective function is also performed by a specific procedure model with the precisely defined boundaries of the function. From the sociological perspective, an undesirable goal is also important, unintended by the legislator, which is caused by the norms fulfilling the protective function, and which is visible from the conducted analysis.

Examination and Reconstruction of Evidence Loss System from the Perspective of Comparative Methods

The purpose of the system of evidence disqualification is to limit parties’ abuse of litigation rights and avoid litigation delays. However, China’s discretionary evidence disqualification legislation violates the essence of evidence disqualification and encourages the emergence of transactional litigation, making evidence disqualification in our country a minor issue. We must evaluate the substance of the evidence disqualification system and create evidence disqualification norms in other jurisdictions based on our national conditions in order to manage litigation procrastination and apply the concept of equality of parties. Remove the flaw while keeping the essence. Creation of the pre-trial procedure and application of the interpretation right should be the cornerstone to the system’s construction, according to research. At the same time, based on Chinas’ national conditions, taking the loss of probative power as the consequence of overdue instead of fines and other substantive measures, we should be able to achieve the purpose of reshaping the system of evidence disqualification.

Judicial Protection of the Rights of Consumers of Financial Services

. 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.

Teaching the Procedures and Routines to Manage Kids at the Kindergarten

Teaching the routines and procedure is the way to form good skill and behaviour at the early of education.The habit and routine are formed from home.Classroom routines and procedures is a set to maintain order in the classroom. When entering the classroom, students will enter in a quiet manner. They will sit at their assigned desk and have all material ready to begin on required work. Once the bell rings and the door is closed, students will be seated and working. Tardiness is unacceptable and if the student receives more than three unexcused tardies per 2 months. The princinple will disscused it with their parents. Also, students should not be more than three minutes late to class. Students will maximize their learning time by staying on task and following directions, and remain seated unless instructed to do otherwise. There will always be work available for the student to complete. Being patient, which is also the rule, students must follow all the rules at school. They all should be actively listening to one another and learning. The last and most important rule is to be polite. The purpose of this research is for ways to shape good skills and behaviors at the beginning of education. There are also procedures that can be achieved in carrying out early childhood learning for Jamal in his book Strategic Management of Early Childhood Learning, including global ordinances (Ganze ordinances), trial procedure, procedures for learning while doing, procedures for home schooling groups and procedures for Glenn Doman

JUDGING THE CASE IN THE ABSENCE OF THE DEFENDANT REMOVED FROM THE TRIAL ON GROUNDS OF DISCIPLINE

The article analyzes the legal provisions governing the conditions of trial in the absence of the defendant if he is removed from the trial for disciplinary reasons by adjusting them to practical cases both at national level and in the jurisprudence of the European Court and by highlighting gaps in the national legislation in this regard. The researched topic is a current one since the compromising behavior of the defendant during the court hearings is attested more and more often, a fact that directly threatens the order and solemnity of the criminal trial, as well as the interests of the participants in the trial. The issue in question acquires an important connotation, including through the uneven practice applied by the courts on how to judge the case by removing the defendant from the trial, as well as the negative consequences that arise as a result - nullity of the judgment adopted, thus violating the principle of efficient administration of justice. Based on the obtained results, the legal omissions in the part related to the trial procedure in the absence of the defendant are revealed, the judicial errors admitted in practice in this respect, being elaborated preliminary versions for their solution, which can be used effectively for the application of legal provisions. versions for their solution. the activity of applying the legal provisions in practice.

Spinal Cord Stimulator Trial in a Patient on Chronic Warfarin Therapy

Background: Spinal cord stimulation (SCS) is a rapidly growing interventional treatment modality in chronic pain. Pain physicians are faced with the decision on how to manage patients on anticoagulation therapy given the risk of epidural hematomas. Case Report: We describe a patient with a history of atrial fibrillation and prior pulmonary embolism on chronic anticoagulation. The patient was planned to undergo an SCS trial, but was unable to discontinue all anticoagulation during the length of the trial. Utilizing a multidisciplinary approach, the patient discontinued warfarin 5 days prior to the procedure and began a therapeutic dose of low molecular weight heparin (LMWH). The final dose of LMWH was given 24 hours before the trial procedure. The patient then started prophylactic dosing of LMWH 24 hours after the trial procedure and continued that regimen for the course of the SCS trial. The last dose of prophylactic LMWH was given 24 hours before removal of the trial leads and the patient restarted 3 days of therapeutic LMWH along with resuming his normal anticoagulation regimen after lead removal. The patient was able to undergo a successful SCS trial and will be pursuing a SCS implant with further anticoagulation management. Conclusion: This case demonstrates a possible strategy for managing patients who requiring anticoagulation therapy during the course of their SCS trial phase. Although a single-electrode array proved to be efficacious, using 2 electrode arrays improves the anatomic coverage of the painful areas and allows for greater optionality in electrode selections to avoid plasticity. Key words: Spinal cord stimulation, anticoagulation, chronic pain, post laminectomy syndrome

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)

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.

On the issue of the adversarial process in modern civil proceedings

The study attempts to expand the content of the definition of the adversarial process in civil proceedings. Conclusion: the adversarial process in civil proceedings includes three components, which include the pre-trial activities of the parties to resolve the material legal conflict that has arisen, the direct judicial consideration of the material legal conflict that has arisen, and the activities of the parties after the judicial resolution of the conflict. Examining the content of the adversarial process when considering and resolving the material legal conflict that has arisen by the court, it is concluded that, by managing the process, the court is the organizer of the adversarial process at all stages of the consideration of the case in the court of first instance. The role of the parties in the adversarial process is limited to their participation in the proving process. Examining the adversarial process of the parties to resolve a substantive conflict before going to court, it is proposed to the legislator to expand the list of categories of cases in which the use of the pre-trial procedure for resolving a dispute is mandatory. Investigating changes in the procedural form of civil proceedings concerning the obligation of the plaintiff to refer other persons involved in the case, copies of the statement of claim and the actions of the parties to disclose evidence, we consider it expedient to secure by the legislator the application of these rules in the adversarial process of the parties before they apply judicial forms of pro-tection.

The Second Anniversary of the Institution of Financial Commissioner in Russia: Unobvious Law Enforcement Issues

This article discusses some of the current problems identified during the two-year operation of the Law on the financial Commissioner. The authors compare the goals of the adoption of this law with the results of its application, pay attention to the problems associated with the implementation of the principle of equality of all before the law and the court in connection with its entry into force. The article expresses concerns about the possible degeneration of the procedures provided for by law into a formal requirement to comply with the pre-trial procedure for applying to the court for protection of the right. The article also draws attention to some uncertainty in the question of the period of time from which the appeal to the financial Commissioner is mandatory. Issues related to the imperfection of the terminology used in the law are highlighted separately. Possible solutions are offered for the problems raised in the article.