The research considers the processes of formation of the latest legislation on administrative responsibility in the Republic of Uzbekistan its relevance and problems that should receive proper scientific evaluation. The author considers and analyzes the reform in the field of a new model of administrative-tort legislation proceeding from the paradigm of priority jurisdictional protection of human rights and freedoms.
{"title":"The Process of Reforming the System of State Administration and Administrative Reform in Uzbekistan","authors":"Mauvlyuda Akhatovna Akhmedshaeva, Makhmud Kamaladiinovich Nazhimov, Khajdarali Melievich Mukhamedov, Mukhitdinova Firuza Abdurashidovna","doi":"10.14505/jarle.v11.2(48).01","DOIUrl":"https://doi.org/10.14505/jarle.v11.2(48).01","url":null,"abstract":"The research considers the processes of formation of the latest legislation on administrative responsibility in the Republic of Uzbekistan its relevance and problems that should receive proper scientific evaluation. The author considers and analyzes the reform in the field of a new model of administrative-tort legislation proceeding from the paradigm of priority jurisdictional protection of human rights and freedoms.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130799672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v11.1(47).10
F. P. Kalalo
The environmental laws provide protection, good management, and conservation for the nature. The enforcement of said law does not mean stopping or negating development activities in the area. Progress must go on in accordance to agreed-upon development programs. Such developments, which in this case take place in Manado, need to take into account the impact towards the environment, in accordance to Environmental Protection and Management Act No. 32 of 2009 so as to not contaminate or compromise the life-supporting nature, both short-term and long term. For that purpose, developments in Manado must be executed with respect to sustainable, environmentally friendly development concepts, so development and natural conservation efforts can progress alongside each other.
{"title":"The Impact of Environmental Law on the Development of the City of Manado, Indonesia","authors":"F. P. Kalalo","doi":"10.14505//jarle.v11.1(47).10","DOIUrl":"https://doi.org/10.14505//jarle.v11.1(47).10","url":null,"abstract":"The environmental laws provide protection, good management, and conservation for the nature. The enforcement of said law does not mean stopping or negating development activities in the area. Progress must go on in accordance to agreed-upon development programs. Such developments, which in this case take place in Manado, need to take into account the impact towards the environment, in accordance to Environmental Protection and Management Act No. 32 of 2009 so as to not contaminate or compromise the life-supporting nature, both short-term and long term. For that purpose, developments in Manado must be executed with respect to sustainable, environmentally friendly development concepts, so development and natural conservation efforts can progress alongside each other.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133667097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505/jarle.v11.2(48).08
S. Faizova, M. Ivanova, O. Faizova, V. Smiesova, O. Parshyna, O. Zavhorodnia
The problem of defining the prospects, opportunities, limitations and methodological format of assessing the competitiveness of an enterprise in a transitive economy using the Balanced Scorecard (BSC) concept has been considered. The relevance of the issue is due, on the one hand, to global trends in innovative development, and on the other hand, to the incompliance of performance of the post-socialist industrial enterprises with the characteristics of innovative development. The creation of mechanisms for improving the enterprise’s competitiveness and its appropriate assessment based on the use of advanced management practices and technologies is becoming increasingly relevant. The purpose of study is to improve methodological approach to the BSC-based assessment of competitiveness of a value-oriented enterprise, and to substantiate the prospects of effective integration of the BSC into the existing enterprise management system. This research paper justifies the possibility of using various methodological forms, including the simplest ones, of the Balanced Scorecard, which features a transformational nature, in the process of forming a balanced strategic management of enterprise. Methodical approach has been proposed for identification of the enterprise strategy directed at increase of its market value and strategic competitiveness. Matrix analysis was applied to assess the enterprise performance indicators; it revealed a relationship between the enterprise's competitive position and class of its innovation BSC-based strategies. To assess the enterprise’s competitiveness, an integral index of its investment attractiveness has been proposed, and to assess the class of the enterprise innovative strategies, an integral index of the enterprise innovations was calculated. The proposed methodological approach was used to perform expert sampling within the frame of indicators for determining the investment attractiveness and innovativeness of a metallurgical enterprise by the criteria of strategic orientation, efficiency and functionality. The study has analyzed the experience gained by the leading enterprises of Ukraine’s metallurgical complex in using BSC in a limited methodological format as a tool for identifying the strategy of an enterprise, assessing its competitiveness, innovativeness and investment attractiveness. The result of the study was the conclusion about the possibility of applying the simplest Balanced Scorecard forms as a catalyst for innovative transformations and developing balanced enterprise management in transition economies.
{"title":"Use of Balanced Scorecard for Enterprise Competitiveness Assessment","authors":"S. Faizova, M. Ivanova, O. Faizova, V. Smiesova, O. Parshyna, O. Zavhorodnia","doi":"10.14505/jarle.v11.2(48).08","DOIUrl":"https://doi.org/10.14505/jarle.v11.2(48).08","url":null,"abstract":"The problem of defining the prospects, opportunities, limitations and methodological format of assessing the competitiveness of an enterprise in a transitive economy using the Balanced Scorecard (BSC) concept has been considered. The relevance of the issue is due, on the one hand, to global trends in innovative development, and on the other hand, to the incompliance of performance of the post-socialist industrial enterprises with the characteristics of innovative development. The creation of mechanisms for improving the enterprise’s competitiveness and its appropriate assessment based on the use of advanced management practices and technologies is becoming increasingly relevant. \u0000The purpose of study is to improve methodological approach to the BSC-based assessment of competitiveness of a value-oriented enterprise, and to substantiate the prospects of effective integration of the BSC into the existing enterprise management system. This research paper justifies the possibility of using various methodological forms, including the simplest ones, of the Balanced Scorecard, which features a transformational nature, in the process of forming a balanced strategic management of enterprise. Methodical approach has been proposed for identification of the enterprise strategy directed at increase of its market value and strategic competitiveness. Matrix analysis was applied to assess the enterprise performance indicators; it revealed a relationship between the enterprise's competitive position and class of its innovation BSC-based strategies. To assess the enterprise’s competitiveness, an integral index of its investment attractiveness has been proposed, and to assess the class of the enterprise innovative strategies, an integral index of the enterprise innovations was calculated. The proposed methodological approach was used to perform expert sampling within the frame of indicators for determining the investment attractiveness and innovativeness of a metallurgical enterprise by the criteria of strategic orientation, efficiency and functionality. The study has analyzed the experience gained by the leading enterprises of Ukraine’s metallurgical complex in using BSC in a limited methodological format as a tool for identifying the strategy of an enterprise, assessing its competitiveness, innovativeness and investment attractiveness. The result of the study was the conclusion about the possibility of applying the simplest Balanced Scorecard forms as a catalyst for innovative transformations and developing balanced enterprise management in transition economies.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132201615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v11.1(47).28
Viktor S. Dergachov, Valentyna A. Vasylyeva, Ali Kabaha, A. Gribincea, D. Kovach
The relevance of structuring relations in the field of civil law is determined by the forms of interaction between the subjects that were the initiators of the termination of legal relations. In this regard, the issues of maintaining relations, which could be continued in the future, are regulated on the basis of other contractual relations. With that, the works of legal scholars do not always provide sufficient grounds to propose points of fixation of the termination of relations. In this regard, the establishment of the meaning of legal facts for the formation of high-quality relationships between legal subjects after the termination of interaction remains very relevant. The novelty of the study is determined by the fact that for the first time the aspects of creating and consolidating forms that would ensure sustainable development and minimize conflicts after termination of contractual relations are considered in civil law. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of bloc legal systems.
{"title":"Structuring Relations in Civil Law after the Termination of Relations between Subjects","authors":"Viktor S. Dergachov, Valentyna A. Vasylyeva, Ali Kabaha, A. Gribincea, D. Kovach","doi":"10.14505//jarle.v11.1(47).28","DOIUrl":"https://doi.org/10.14505//jarle.v11.1(47).28","url":null,"abstract":"The relevance of structuring relations in the field of civil law is determined by the forms of interaction between the subjects that were the initiators of the termination of legal relations. In this regard, the issues of maintaining relations, which could be continued in the future, are regulated on the basis of other contractual relations. With that, the works of legal scholars do not always provide sufficient grounds to propose points of fixation of the termination of relations. In this regard, the establishment of the meaning of legal facts for the formation of high-quality relationships between legal subjects after the termination of interaction remains very relevant. The novelty of the study is determined by the fact that for the first time the aspects of creating and consolidating forms that would ensure sustainable development and minimize conflicts after termination of contractual relations are considered in civil law. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of bloc legal systems.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131315712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505/jarle.v11.2(48).03
G. Bakyt, Zhanerke S. Seidemetova, S. Abdullayev, Nazdana Adilova, Azhar D. Kamzina, M. Aikumbekov
The research describes the competitive environment in the market of transport-logistics services of Kazakhstan. Logistics networks are represented by two transport systems: JSC ‘National Company Kazakhstan Temirzholy’ hereinafter Operator, as well as other railway administrations and access routes of the Customer (LLP ‘KM Tranko). The experience of TRANKO JSC, where marketing systems in the railway services market of Kazakhstan occupy an important place, is of interest. This format of services in the Republic is not common, therefore the services of JSC ‘TRANKO’ are unique and the specifics of these services, including planning and management of the logistics process with a system of response to failures, can be provided only for large business.
{"title":"Create a Traffic Control Information Space in the Logistics Environment","authors":"G. Bakyt, Zhanerke S. Seidemetova, S. Abdullayev, Nazdana Adilova, Azhar D. Kamzina, M. Aikumbekov","doi":"10.14505/jarle.v11.2(48).03","DOIUrl":"https://doi.org/10.14505/jarle.v11.2(48).03","url":null,"abstract":"The research describes the competitive environment in the market of transport-logistics services of Kazakhstan. Logistics networks are represented by two transport systems: JSC ‘National Company Kazakhstan Temirzholy’ hereinafter Operator, as well as other railway administrations and access routes of the Customer (LLP ‘KM Tranko). The experience of TRANKO JSC, where marketing systems in the railway services market of Kazakhstan occupy an important place, is of interest. This format of services in the Republic is not common, therefore the services of JSC ‘TRANKO’ are unique and the specifics of these services, including planning and management of the logistics process with a system of response to failures, can be provided only for large business.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":" 22","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120832553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v11.1(47).18
Michail A. Osadchuk, A. M. Osadchuk, N. V. Kireeva, M. Trushin
The civilized world has achieved enormous progress in digital medicine, which is becoming the basis for further healthcare development. In the near future this can significantly improve people`s life , increase budget efficiency in the sphere of health, improve health indicators and life expectancy of the next generation. In this situation, digital medicine does not fully guarantee exclusion of any data leakage risks. This means that the use of better technologies in health care will require stricter compliance with a complex network of existing laws and regulations, which vary depending on the country, jurisdiction and region (for example, the European Union).However, this global process implementation requires strong political will to protect citizens from confidential data misuse, to increase responsibility of manufacturers and consumers of digital equipment and technologies to their citizens and the state.
{"title":"Legal Regulation in Digital Medicine","authors":"Michail A. Osadchuk, A. M. Osadchuk, N. V. Kireeva, M. Trushin","doi":"10.14505//jarle.v11.1(47).18","DOIUrl":"https://doi.org/10.14505//jarle.v11.1(47).18","url":null,"abstract":"The civilized world has achieved enormous progress in digital medicine, which is becoming the basis for further healthcare development. In the near future this can significantly improve people`s life , increase budget efficiency in the sphere of health, improve health indicators and life expectancy of the next generation. In this situation, digital medicine does not fully guarantee exclusion of any data leakage risks. This means that the use of better technologies in health care will require stricter compliance with a complex network of existing laws and regulations, which vary depending on the country, jurisdiction and region (for example, the European Union).However, this global process implementation requires strong political will to protect citizens from confidential data misuse, to increase responsibility of manufacturers and consumers of digital equipment and technologies to their citizens and the state.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124680191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505/jarle.v11.2(48).34
A. Troshin, V. Stolyarova, Z. Stolyarova, I. Sandu, L. Botasheva
At the current stage of economic development, there is a lot of discussions about optimization policies, which have become widespread in both the industrial and sociocultural spheres. There are ambiguous positions on the justification of its application and various interpretations of the phenomenon itself, which balance in the corridor of polar opinions from categorically negative, to acceptable and necessary. Despite the fact that economic experts traditionally see optimization as a way to improve the efficiency of all management systems and, consequently, increase the competitiveness of the national economy, among the population the latest results of such a policy have been persistently rejected. Moreover, optimization is perceived by most people primitively, through simple cutback of the number of social institutions, merger of enterprises, monopoly threats that leads to job losses, on the one hand, and towards quality deterioration of goods and services, on the other hand. Meanwhile, optimization remains the key factor of the growth of the competitiveness of the economy in a global scale. Thus, it is necessary to investigate the phenomenon of optimization of the socio-economic sphere, to understand the reasons for the divergence of the concept itself and to analyze possible options for adapting the optimization strategy to modern Russian conditions.
{"title":"Problems of Social and Economic Optimization in Russia","authors":"A. Troshin, V. Stolyarova, Z. Stolyarova, I. Sandu, L. Botasheva","doi":"10.14505/jarle.v11.2(48).34","DOIUrl":"https://doi.org/10.14505/jarle.v11.2(48).34","url":null,"abstract":"At the current stage of economic development, there is a lot of discussions about optimization policies, which have become widespread in both the industrial and sociocultural spheres. There are ambiguous positions on the justification of its application and various interpretations of the phenomenon itself, which balance in the corridor of polar opinions from categorically negative, to acceptable and necessary. Despite the fact that economic experts traditionally see optimization as a way to improve the efficiency of all management systems and, consequently, increase the competitiveness of the national economy, among the population the latest results of such a policy have been persistently rejected. Moreover, optimization is perceived by most people primitively, through simple cutback of the number of social institutions, merger of enterprises, monopoly threats that leads to job losses, on the one hand, and towards quality deterioration of goods and services, on the other hand. Meanwhile, optimization remains the key factor of the growth of the competitiveness of the economy in a global scale. Thus, it is necessary to investigate the phenomenon of optimization of the socio-economic sphere, to understand the reasons for the divergence of the concept itself and to analyze possible options for adapting the optimization strategy to modern Russian conditions.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130627051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v11.1(47).17
S. Nanba, E. Alimov
The research is devoted to the constitutional legal regulation of local self-government in Russia. A study of democratic principles and established social relations allows authors to understand the state of local democracy in Russia and to assess the current situation from various points of view. An analysis of the local self-government reforms in Russia and budget policy will allow a better understanding of the further public and social development in Russia. The article analyzes the directions of legislative developments concerning local self-government in the Russian Federation, which sometimes have a multidirectional nature. Also, there are several issues raised in this article: doctrinal approaches and law-enforcement practice the constitutional foundations of local self-government, the competence of local authorities, the direct citizens’ participation in the conduct of local self-government and the local self-government financing. The authors conclude that current legal regulation of the local self-government can be referred to the mixed model. In the course of the study, the several deviations from the constitutionally established model of local self-government have been revealed.
{"title":"Issues in Local Self-Government Reform in Russia","authors":"S. Nanba, E. Alimov","doi":"10.14505//jarle.v11.1(47).17","DOIUrl":"https://doi.org/10.14505//jarle.v11.1(47).17","url":null,"abstract":"The research is devoted to the constitutional legal regulation of local self-government in Russia. A study of democratic principles and established social relations allows authors to understand the state of local democracy in Russia and to assess the current situation from various points of view. An analysis of the local self-government reforms in Russia and budget policy will allow a better understanding of the further public and social development in Russia. \u0000The article analyzes the directions of legislative developments concerning local self-government in the Russian Federation, which sometimes have a multidirectional nature. Also, there are several issues raised in this article: doctrinal approaches and law-enforcement practice the constitutional foundations of local self-government, the competence of local authorities, the direct citizens’ participation in the conduct of local self-government and the local self-government financing. The authors conclude that current legal regulation of the local self-government can be referred to the mixed model. In the course of the study, the several deviations from the constitutionally established model of local self-government have been revealed.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130938504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v10.2(40).14
C. Ignat
The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.
{"title":"Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights","authors":"C. Ignat","doi":"10.14505//jarle.v10.2(40).14","DOIUrl":"https://doi.org/10.14505//jarle.v10.2(40).14","url":null,"abstract":"The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121206820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.14505//jarle.v11.1(47).03
Katerina Dremova
The research studies conciliatory justice in modern Russia. Its formation and peculiarities in the institution of alternative ways of resolving legal conflict on the example of mediation are considered. Various views regarding the mediation definition are analyzed, and the author's vision of this category concept is given. The origins of mediation history abroad and in Russia are studied. The essence and peculiarities of mediation application as an alternative method of economic disputes settlement are characterized. The benefits of using conciliatory procedures in a business environment are revealed. The main aspects of the procedural legislation reform initiated by the Supreme Court of the Russian Federation concerning the change in the legal regulation of conciliatory procedures application in the settlement of legal conflicts are outlined. It is noted that the beginning of procedural reform in Russia with regard to dispute settlement through conciliatory procedures was triggered by the resolution of the plenum of the Supreme Court of the Russian Federation ‘On submission to the State Duma of the Federal Assembly of Russian Federation a federal law draft ‘On amendments to a number of legislative acts of the Russian Federation in connection with conciliatory procedure improvements’ adopted on 18 January 2018 and the resolution of the Government of the Russian Federation. Statistics on the ratio of dismissals agreed, dispute settlement through the mediation procedure, as well as plaintiff-triggered dismissals are provided. Methodology: the study is carried out on the basis of the universal method on scientific study of the social development principles –dialectical materialism provisions, as well as general and specific scientific methods: dogmatic, regulatory legal, legal comparative, fragmented historical and legal, case studies (statistical data and judicial statistics analysis), logical (hypotheses, analogy, modeling, analysis and synthesis methods), philosophic (axiological, derivation methods on the basis of priori and axiomatic provisions), generalization and abstraction methods. Conclusions: To date, entrepreneurs are increasingly using conciliatory procedures when settling disputes. This way of dispute settlement becomes very convenient, businessmen are not in the need to spend their time on litigation, often protracted, but can settle issues more quickly and effectively. Today, conciliatory justice in the Russian Federation is going through the stage of formation and development and in the future is to become a demanded institution of judicial law.
{"title":"Conciliatory Justice in Modern Russia","authors":"Katerina Dremova","doi":"10.14505//jarle.v11.1(47).03","DOIUrl":"https://doi.org/10.14505//jarle.v11.1(47).03","url":null,"abstract":"The research studies conciliatory justice in modern Russia. Its formation and peculiarities in the institution of alternative ways of resolving legal conflict on the example of mediation are considered. Various views regarding the mediation definition are analyzed, and the author's vision of this category concept is given. The origins of mediation history abroad and in Russia are studied. The essence and peculiarities of mediation application as an alternative method of economic disputes settlement are characterized. The benefits of using conciliatory procedures in a business environment are revealed. The main aspects of the procedural legislation reform initiated by the Supreme Court of the Russian Federation concerning the change in the legal regulation of conciliatory procedures application in the settlement of legal conflicts are outlined. It is noted that the beginning of procedural reform in Russia with regard to dispute settlement through conciliatory procedures was triggered by the resolution of the plenum of the Supreme Court of the Russian Federation ‘On submission to the State Duma of the Federal Assembly of Russian Federation a federal law draft ‘On amendments to a number of legislative acts of the Russian Federation in connection with conciliatory procedure improvements’ adopted on 18 January 2018 and the resolution of the Government of the Russian Federation. Statistics on the ratio of dismissals agreed, dispute settlement through the mediation procedure, as well as plaintiff-triggered dismissals are provided. Methodology: the study is carried out on the basis of the universal method on scientific study of the social development principles –dialectical materialism provisions, as well as general and specific scientific methods: dogmatic, regulatory legal, legal comparative, fragmented historical and legal, case studies (statistical data and judicial statistics analysis), logical (hypotheses, analogy, modeling, analysis and synthesis methods), philosophic (axiological, derivation methods on the basis of priori and axiomatic provisions), generalization and abstraction methods. Conclusions: To date, entrepreneurs are increasingly using conciliatory procedures when settling disputes. This way of dispute settlement becomes very convenient, businessmen are not in the need to spend their time on litigation, often protracted, but can settle issues more quickly and effectively. Today, conciliatory justice in the Russian Federation is going through the stage of formation and development and in the future is to become a demanded institution of judicial law.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122831759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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