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The Extent of the Arbitrator's Immunity from Civil Liability Compared to the Judge's Immunity (Comparative Study) 仲裁员与法官民事责任豁免的范围比较(比较研究)
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).02
Yassin Ahmad Alqudah, Abdullah Alkhseilat
This study aims at the legal dimensions of the legislative deficiency of the arbitrator's immunity from civil liability in the Jordanian Arbitration Law, which the legislator granted to the judge. The researchers reached the need to amend the provisions of the Jordanian Arbitration Law to grant immunity to the arbitrator, especially since the work is similar to that of a judge. The judicial immunity of the arbitrator is civil liability in comparison with the immunity of the judge Jordanian and Egyptian lawmakers have imposed restrictions on the civil (commercial) arbitrator's responsibility for the mistakes he makes while performing his arbitral mission, This is to encourage arbitration, compared to the position of the arbitrator over the judge's function, hence granting the Jordanian legislator and the Egyptian legislator and the judgments of the commercial arbitrator judicial immunity similar to that enjoyed by the judge but much less than the immunity of the judge. We therefore consider it appropriate to examine the arbitrator's immunity, beginning with a shedding light on the judges' immunity from civil responsibility, given the similarity in the task entrusted to both the judge and the arbitrator, which is to resolve disputes by a legally binding and enforceable judgment. This requires us to present the principle of judicial immunity from civil liability, and the reasons that support and oppose such immunity, in order to determine the judicial immunity of arbitrators of civil liability.
本研究旨在探讨《约旦仲裁法》中仲裁员民事责任豁免立法缺陷的法律层面,该法律是立法者授予法官的。研究人员认为有必要修改《约旦仲裁法》的规定,给予仲裁员豁免权,特别是因为仲裁员的工作与法官的工作类似。与法官的豁免相比,仲裁员的司法豁免是民事责任,约旦和埃及的立法者对民事(商事)仲裁员在执行仲裁任务时所犯的错误的责任进行了限制,这是为了鼓励仲裁,而不是将仲裁员的地位置于法官的职能之上。因此,给予约旦立法者和埃及立法者以及商事仲裁员的判决类似于法官享有的司法豁免,但远低于法官的豁免。因此,我们认为审查仲裁员的豁免是适当的,首先阐明法官的民事责任豁免,因为法官和仲裁员的任务相似,即通过一项具有法律约束力和可执行的判决来解决争端。这就要求我们提出民事责任司法豁免的原则,以及支持和反对这种豁免的理由,从而确定仲裁员的民事责任司法豁免。
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引用次数: 0
Development of the Doctrine on Certain Personal Incorporeal Rights in European Countries 欧洲国家某些个人非物质权利学说的发展
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).12
S. Iasechko, Ivan Bratsuk, S. Petrechenko, Iryna D. Kazanchuk, R. Liashenko
The article considers the main aspects of the development of doctrines on personal incorporeal rights in European countries. The conceptual approaches of researchers to such rights have been analyzed. A comparative legal analysis of the legal regulation of personal incorporeal rights in European countries has been conducted as well. The trends and approaches to the ways of consolidating such countries in the system of private law have been studied.
本文考察了欧洲各国个人非物质权利学说发展的主要方面。分析了研究者对这些权利的概念方法。并对欧洲各国对人身非物质权利的法律规制进行了比较分析。研究了在私法制度中巩固这些国家的趋势和途径。
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引用次数: 19
Legal Science Methodology through the Lens of Legal Thinking Innovations 从法学思维创新看法学方法论
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).09
Taras Z. Garasymiv, N. Pavliv-Samoyil, Andrii Hodiak
The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.
主题的相关性在于,普遍接受的法律研究方法效率低下,法律科学框架和法律活动主体的法律思维在发展过程中由于陈旧和不符合现代趋势而缺乏修正和转化。本文不局限于经典的认知方法,还涉及法律的基本概念、理论和法学的知名方法。本文的主要目的是通过法律思维的创新、方法论方法的应用,包括通过对乌克兰和欧洲经济区国家的比较分析,对法律学科的研究方法进行深入分析,来指定法学的现代方法论。为达到这一目的,在科学论文中运用了以下几种特殊的法律分析方法:分析法、综合法、概括法、解释法、历史法、比较法和结构-功能法。作为这项研究的结果,将明确概述现有的方法方法,以及那些由于法律思维创新而出现的方法方法,这些方法方法能够涵盖作为一种社会现象的法律知识的特点。此外,以不同国家为例,确定了现代法律制度研究的理论和方法方面的紧迫问题。对法学方法论的科学分析的成功之一在于提出了进行复杂法律研究的方法,这些方法由社会关系的现代性、相关性和顺应信息和技术发展的特征所描述。此外,关于乌克兰和外国的法律方法论的来源是系统化的。对法律方法论观点演变的主要趋势和性质的历史洞察将是比较分析的主题,以便确定新的法律认识方法。关于这一主题的建议是在进一步研究法学方法论问题和创造克服这些问题的方法的前景中提出的。此外,研究材料可用于编写培训材料、教具以及法律学科各个领域的学习过程。
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引用次数: 0
World Trade Organization and the Renewable Energy Sources Cases: How to Achieve the SDG7? 世界贸易组织与可再生能源案例:如何实现可持续发展七国集团?
Pub Date : 2020-06-15 DOI: 10.14505//jarle.v11.4(50).02
R. Akshalova, A. Solntsev, B. Abdraiym, S. Tlepina, Zh. T. Iskakova
This article discusses in detail disputes resolved by the WTO Dispute Settlement Body (hereinafter referred to as the WTO DSB) in the field of state subsidies to support the use of renewable energy sources (hereinafter referred to as the RES). Since 2010, eight cases have been filed with the WTO DSB in relation to RES subsidy programs. The author analyzes the case and shows the impact of increasing the number of such trade disputes on further development of renewable energy in the whole world, and in separate states. The author pays special attention to the achievement of Sustainable Development Goal 7, which were approved by the UN for 2016-2030, in the context of the spread of RES in the context of the conditions of WTO DSB case practice.
本文详细讨论了由世贸组织争端解决机构(以下简称世贸组织争端解决机构)在国家补贴支持使用可再生能源(以下简称可再生能源)领域解决的争端。自2010年以来,已有8起与可再生能源补贴计划有关的案件提交给世贸组织争端解决机构。作者对案例进行了分析,并展示了此类贸易争端数量的增加对整个世界以及个别国家可再生能源进一步发展的影响。作者特别关注联合国批准的2016-2030年可持续发展目标7的实现,在RES传播的背景下,在WTO DSB案例实践的条件下。
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引用次数: 2
Copyright Law Protection Competence in Paying Royalty as Exclusive Rights Substance 版权法对支付特许权使用费作为专有权实质的保护能力
Pub Date : 2020-06-15 DOI: 10.14505/jarle.v11.3(49).20
E. Israhadi
Copyright is considered as a moving and intangible object; therefore, a copyright devolution cannot be done verbally but must be with an authentic deed or Underhand deed. Problem Identification: 1. How does the song copyright devolution mechanism make economic interest for a composer or Copyright Holder? 2. What is the system of song copyright royalty payment in Indonesia? and 3. What should be done by the parties to resolve the royalty payment execution dispute? It is a normative juridical method that must be used. Research Result: It is true that copyright license mechanism, fee retaining or royalty payment is considered as logic consequences that must be done by a licensee over a licenser (Copyright holder). It is because the licensee gets material profits due to the economic rights exploitation over the copyright itself.  There are many varieties or different ways of compensation payment system or indemnification from the licensee to the licenser over one copyright object to another, for instance in song/music is known two different ways such as royalty and flat systems, while in music or song is known several ways, namely by percentage system, period system, profit sharing system,  compensation or  copyright selling system. Royalty payment dispute resolving may come in many ways, and, generally, the dispute resolving forums are available into two forms, such as litigation forum through courts and non-litigation forum out of court.
版权被认为是一种移动的无形物体;因此,版权转让不能口头进行,而必须有真实的契据或暗中契据。问题识别:歌曲版权下放机制如何为作曲家或版权持有人带来经济利益?2. 印尼的歌曲版税支付制度是怎样的?和3。如何解决特许权使用费执行纠纷?这是一种必须使用的规范性司法方法。研究结果:确实,版权许可机制、费用保留或版税支付被认为是被许可方对许可方(版权所有者)必须完成的逻辑后果。这是因为被许可方通过对版权本身的经济权利利用而获得了物质利益。从被许可人到许可人就一个版权对象对另一个版权对象的补偿支付制度或赔偿有许多品种或不同的方式,例如在歌曲/音乐中有两种不同的方式,如版税和扁平制度,而在音乐或歌曲中有几种方式,即百分比制度,期限制度,利润分成制度,补偿或版权出售制度。版税纠纷的解决方式有很多种,一般来说,纠纷解决的途径有两种,即通过法院的诉讼途径和庭外的非诉讼途径。
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引用次数: 1
Small and Medium-Sized Enterprises in the Russian Federation: Regularities of Spatial Distribution 俄罗斯联邦中小企业:空间分布规律
Pub Date : 2020-03-31 DOI: 10.14505//jarle.v10.2(40).26
Julia Pinkovetskaya, S. N. Meliksetyan, A. Pavlyuk, N. Lipatova, I. Nusratullin
Small and medium-sized business enterprises (SMEs) have been operating in the Russian Federation since 1991. The study is devoted to the development of methods and tools for assessing the current structure of production volumes, the number of employees and the number of small and medium enterprises, as well as individual entrepreneurs through: economic and mathematical modeling; analysis of statistics for all SMEs of each of the regions in Russia; modeling of the weights of small, medium-sized enterprises, individual entrepreneurs in the overall indicators of SMEs and their distribution by regions of Russia is based on the functions of the density of normal distribution. Association of regions of the country with similar indicators is based on cluster analysis using the k-means method. The nine functions of the normal distribution density obtained in the course of the computational experiment have a high quality of approximation of the empirical data, which was confirmed by the Kolmogorov-Smirnov, Pierson and Shapiro-Wilk tests. Clusters have been formed that unite the regions of the country with similar indicators, namely, the specific weights of production, the number of employees and the number of business entities. The results can be used to solve the problems of institutional, financial and infrastructural support for the development of entrepreneurship in the regions of Russia, and the proposed methodology is applicable for studying the activities of territorial aggregates of enterprises of any state.
自1991年以来,中小型企业一直在俄罗斯联邦经营。这项研究致力于发展各种方法和工具,通过经济和数学模型来评估目前的产量结构、雇员人数和中小型企业以及个体企业家的数量;分析俄罗斯各地区所有中小企业的统计数据;中小企业、个体企业家在俄罗斯中小企业总体指标中的权重及其各地区分布的建模基于正态分布密度函数。具有相似指标的国家区域的关联是基于使用k-means方法的聚类分析。计算实验过程中得到的9个正态分布密度函数对经验数据具有较高的近似质量,并得到了Kolmogorov-Smirnov、Pierson和Shapiro-Wilk检验的证实。已经形成了以类似的指标,即生产的具体权重、雇员的数量和商业实体的数量,将全国各地区联合起来的集群。研究结果可用于解决俄罗斯各地区企业发展的体制、财政和基础设施支持问题,所提出的方法适用于研究任何国家的企业地域集团的活动。
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引用次数: 0
Development of Industrial Cooperation within the EAEU 发展欧亚经济联盟内部的工业合作
Pub Date : 2020-03-31 DOI: 10.14505//jarle.v10.2(40).12
S. Dolgov, Y. Savinov, Evgeniya Vadimovna Taranovskaya, V. Sekerin, A. Gorokhova
The research considers the phased development of industrial cooperation among the member countries of the Eurasian Economic Union. The authors analyze the main regulatory documents and trends in the expansion of cooperation among the Union's industrial enterprises. Particular attention is paid to cooperation in the industry. The authors have calculated the Spearman’s rank correlation coefficient, which reflects the rank coincidence rate of the commodity items in mutual trade. The calculations have allowed to reveal that an increase in the rank coincidence rate of commodity items in the mutual exports indicated the predominant development of mutual trade in goods of one commodity group, i.e. the deepening of intra-industry cooperation and the stimulating effect of this cooperation on the growth of mutual trade.
研究考虑了欧亚经济联盟成员国间产业合作的阶段性发展。分析了欧盟工业企业扩大合作的主要规范性文件和趋势。特别注意的是工业合作。作者计算了反映相互贸易中商品项目的等级符合率的斯皮尔曼等级相关系数。通过计算可以发现,相互出口商品项目排名符合率的增加表明了一种商品类别的相互贸易的优势发展,即产业内合作的深化以及这种合作对相互贸易增长的刺激作用。
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引用次数: 1
Model (Methodology and Calculation Formula) Combining the Influencing Factors of Transport Logistics Efficiency and Advantages by Type of Transport for Risk Reduction and Decision-making When Choosing the Best Routes 将运输物流效率的影响因素与运输类型优势相结合的模型(方法与计算公式),用于降低风险和选择最佳路线的决策
Pub Date : 2020-03-31 DOI: 10.14505//jarle.v10.2(40).04
A. Bobrova, E. A. Stepanov
The subject of the research is transport logistics, namely, a complex of factors affecting it, grouped by risk, and advantages by type of transport when carrying out transportation of any modality. The purpose of the study is the development of a factor model in transport logistics, that is, a universal methodology for assessing the risks of each shipment, taking into account the advantages of the types of transport used and the combination of cargo vehicles. The main method used in the work is factor analysis. The study also uses methods of generalization, ranking, weight fractions and comparative analysis. It is shown that 24 factors grouped in the work by risk level have an impact on transport logistics; 11 groups of advantages by types of transport have been identified. The formula for assessing the overall risk of transportation is universal, it confirms the theoretical conclusions of researchers in the field of logistics and provides objective results for specific types of transportation. The most and least risky types of freight transport are identified. The possibilities of the factor model in transport logistics are shown. The results of the study can be used by suppliers and carriers to assess the potential efficiency of cargo transportation, as well as by logistics researchers to improve the methodology of factorial transport assessment. The reserves have been identified for the development of the model based on the mutual influence and factor structure.
研究的主题是运输物流,即影响它的复杂因素,按风险分组,并在进行任何形式的运输时按运输类型的优势。这项研究的目的是发展运输物流的一个因素模型,即一种评估每批货物的风险的通用方法,同时考虑到所使用的运输类型和货物车辆组合的优点。本研究采用的主要方法是因子分析法。该研究还采用了归纳、排序、权重分数和比较分析等方法。结果表明,按风险等级分组的24个因素对运输物流产生影响;按运输方式划分出了11组优势。运输整体风险评估公式具有普适性,它既证实了物流领域研究者的理论结论,又为具体运输类型提供了客观结果。确定了风险最大和最小的货物运输类型。分析了因子模型在运输物流中的应用可能性。研究结果可用于供应商和承运人评估货物运输的潜在效率,也可用于物流研究人员改进析因运输评估方法。根据相互影响和因素结构,确定了开发模型所需的储量。
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引用次数: 2
Information Policy of the Enterprise as a Factor of Ensuring Competitiveness 企业信息政策作为保证竞争力的因素
Pub Date : 2020-03-31 DOI: 10.14505//JARLE.V10.2(40).02
E. Akhmetshin, A. Tolmachev, Tatiana E. Nikolaeva, I. Andryushchenko
In this research, we determined that the development of objects of entrepreneurial activity can take place only on condition of equal access to external and internal resources of development. Access to resources, as well as increasing work competitiveness, is defined as the possibility of forming an enterprise environment and its independent actions. The basis of such an environment is the formation of an information-type policy that allows fully determining the opportunities for attracting development resources, as well as improving the financial stability of the enterprise in the external market. The subject of the study is the process of the information policy of the enterprise formation, as well as the factors of its formation as a separate formative value for determining whether the enterprise is competitive. The novelty of the research is the process of formation and presentation in the various information and social and economic processes of the enterprise’s information policy. The direction of further research is the integrative functions of ensuring the development of accounting and transformation of information policy into the enterprise’s capital.
在这项研究中,我们确定,只有在平等获得外部和内部发展资源的条件下,创业活动对象的发展才能发生。获取资源,以及提高工作竞争力,被定义为形成企业环境的可能性及其独立行动。这种环境的基础是形成一种信息型政策,使其能够充分确定吸引发展资源的机会,并改善企业在外部市场上的财务稳定性。研究的主题是企业形成信息政策的过程,以及信息政策的形成因素作为决定企业是否具有竞争力的独立形成价值。研究的新颖性是企业信息政策在各种信息和社会经济过程中形成和呈现的过程。进一步研究的方向是保证会计发展与信息政策转化为企业资本的整合功能。
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引用次数: 0
Forming an Anti-Corruption Culture of Law Enforcement Agencies: National and International Experience 形成执法机构的反腐败文化:国家和国际经验
Pub Date : 2020-03-31 DOI: 10.14505/jarle.v11.2(48).30
P. Sitnikov, A. Ibrayeva, Azamat Tynyshtykbayevich Aldabergenov, Akhylbek S. Baikenzheyev, N. Ibrayev
This article is concerned with the specific formation of an anti-corruption culture in the law enforcement system of the Republic of Kazakhstan. To this date, the country has formed a large base of legal acts regulating the fight against corruption but their effectiveness raises questions. In this context, it is necessary to use preventive measures both in society as a whole and in the field of public administration, including law enforcement agencies. One such measure is the formation of an anti-corruption culture. This study aims at analyzing global directions and approaches to the formation of an anti-corruption culture among law enforcement employees. The authors of the article consider the world experience of an anti-corruption struggle and the most efficient models of forming an anti-corruption culture in the sphere of law enforcement. The authors have proved that the anti-corruption culture of law enforcement agencies differs from that of other society members and revealed its specific features. The necessary condition for their effective neutralization is not only legal education but also the promotion of moral and ethical standards. According to the authors, this goal can be achieved through anti-corruption education that fosters a culture of involvement and consciousness, a clear rejection of corruption and the popularization of anti-corruption standards. In the course of the study, they highlight the main components of an anti-corruption culture among law enforcement employees and conclude on the further efforts scholars and lawmakers should make to develop a common worldview, scientific and legal concept of the fight against corruption.
本文探讨了哈萨克斯坦共和国执法体系中反腐败文化的具体形成。到目前为止,该国已经形成了大量规范反腐败斗争的法律行为,但其有效性令人质疑。在这方面,有必要在整个社会和包括执法机构在内的公共行政领域采取预防措施。其中一项措施是形成反腐败文化。本研究旨在分析在执法人员中形成反腐败文化的全球方向和方法。本文的作者考虑了反腐败斗争的世界经验和在执法领域形成反腐败文化的最有效模式。论证了执法机关的反腐文化不同于其他社会成员的反腐文化,揭示了执法机关反腐文化的特点。有效中和二者的必要条件不仅是法律教育,而且是道德伦理标准的提高。这组作者认为,这一目标可以通过反腐教育来实现,这种教育可以培养一种参与和自觉的文化,明确拒绝腐败,普及反腐败标准。在研究过程中,他们强调了执法人员中反腐败文化的主要组成部分,并总结了学者和立法者应进一步努力建立共同的反腐败世界观、科学和法律观念。
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引用次数: 2
期刊
Journal of Advanced Research in Law and Economics
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