Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/290-292
Gülgəz Məhəmməd qızı Rzayeva, Azərbaycan Turizm və Menecment Universiteti magistrant
The literaryization of historical events and memories of personalities in world art, the choice of artistic interpretations of images are of particular relevance. The most common type of memorial plaques are a close synthesis of architectural monuments and sculptures and serve as an integral part of the history and material culture of society. Memorial plaques occupy a large place in the work of Natig Aliyev. In addition to the similarity of the portrait in each of his images, the spiritual and psychological fullness of the work comes to the fore. Key words: sculpture, artist, poet, writer, memorial, plastic
{"title":"Artistic features of memorial plaques in the works of Natig Aliyev","authors":"Gülgəz Məhəmməd qızı Rzayeva, Azərbaycan Turizm və Menecment Universiteti magistrant","doi":"10.36719/2663-4619/65/290-292","DOIUrl":"https://doi.org/10.36719/2663-4619/65/290-292","url":null,"abstract":"The literaryization of historical events and memories of personalities in world art, the choice of artistic interpretations of images are of particular relevance. The most common type of memorial plaques are a close synthesis of architectural monuments and sculptures and serve as an integral part of the history and material culture of society. Memorial plaques occupy a large place in the work of Natig Aliyev. In addition to the similarity of the portrait in each of his images, the spiritual and psychological fullness of the work comes to the fore. Key words: sculpture, artist, poet, writer, memorial, plastic","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"290-292"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47871056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/223-227
Ильгар Имдат оглу Гасанов
The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy
{"title":"International legal framework for combating cybercrime","authors":"Ильгар Имдат оглу Гасанов","doi":"10.36719/2663-4619/65/223-227","DOIUrl":"https://doi.org/10.36719/2663-4619/65/223-227","url":null,"abstract":"The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"223-227"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44364107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/285-289
İbrahim Behruz oğlu İbrahimov, Bakı Dövlət Universiteti magistrant
One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction
{"title":"The role and importance of extradition in the search and judgment of transmitted criminals","authors":"İbrahim Behruz oğlu İbrahimov, Bakı Dövlət Universiteti magistrant","doi":"10.36719/2663-4619/65/285-289","DOIUrl":"https://doi.org/10.36719/2663-4619/65/285-289","url":null,"abstract":"One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"285-289"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48893366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/405-407
Farida Ibrahim Hasanli
The high sea is the part of the world's oceans that does not fall under the jurisdiction of any state and is open to the use of all states.As can be seen from the definition, the seabed and ocean floor are not included in the concept of open sea due to their special legal status.No state can subjugate any part of the high seas to its sovereignty.The high seas are free for both coastal states and landlocked states. The legal regime of the high seas includes the following freedoms: 1) freedom of navigation; 2) freedom of flight; 3) freedom of fishing; 4) freedom of laying submarine cables and pipelines; 5) freedom of scientific research; 6) Freedom to create artificial islands and facilities. These freedoms must be exercised taking into account the requirements of international law and the interests of other states. Key words: high seas, flag state, military ships,international acts, United Nations Convention on the Law of the Sea, navigation, overflight, fishing, cables and pipelines
{"title":"LEGAL ANALYSIS OF THE PRINCIPLE OF THE FREEDOM OF THE HIGH SEAS","authors":"Farida Ibrahim Hasanli","doi":"10.36719/2663-4619/65/405-407","DOIUrl":"https://doi.org/10.36719/2663-4619/65/405-407","url":null,"abstract":"The high sea is the part of the world's oceans that does not fall under the jurisdiction of any state and is open to the use of all states.As can be seen from the definition, the seabed and ocean floor are not included in the concept of open sea due to their special legal status.No state can subjugate any part of the high seas to its sovereignty.The high seas are free for both coastal states and landlocked states. The legal regime of the high seas includes the following freedoms: 1) freedom of navigation; 2) freedom of flight; 3) freedom of fishing; 4) freedom of laying submarine cables and pipelines; 5) freedom of scientific research; 6) Freedom to create artificial islands and facilities. These freedoms must be exercised taking into account the requirements of international law and the interests of other states. Key words: high seas, flag state, military ships,international acts, United Nations Convention on the Law of the Sea, navigation, overflight, fishing, cables and pipelines","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"405-407"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47651000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/387-389
Gülnar Elmar qızı Hüseynova, Bakı Dövlət Universiteti magistrant, Tapdıq Güləhməd oğlu Həsənov, Bakı Dövlət Universiteti
The article analyzes the structure, territorial organization and development dynamics of industries in Guba administrative region. The analysis of the complex of natural conditions shows that the basis for the development of industries in the region is the efficient use of local raw materials. However, the underutilization of these opportunities has created certain problems in the complex development of industry in the region as a whole. Despite the rich local natural resources and other opportunities, the share of industrial products in total production very little. As a result of statistical analysis, it was determined that in 2010 the retail trade turnover in the administrative region was 194.1 million manat, but in 2019 it increased to 453.3 million manat. This increase was also reflected in the trade turnover per capita. It is clear from the analysis of statistical data of the relevant years that these indicators amounted to 1253.18 manat and 2625.07 manat. It has also helped increase the share of local products. It was determined that currently the share of local products in the retail trade turnover in the administrative region is 78%. The share of imported products in retail trade turnover is only 22%. Key words: industrial product, in-kind expression of industrial product, industrial structure, retail trade, trade turnover, imported product
{"title":"The structure, territorial organization and development Dynamics of industries in Guba administrative region","authors":"Gülnar Elmar qızı Hüseynova, Bakı Dövlət Universiteti magistrant, Tapdıq Güləhməd oğlu Həsənov, Bakı Dövlət Universiteti","doi":"10.36719/2663-4619/65/387-389","DOIUrl":"https://doi.org/10.36719/2663-4619/65/387-389","url":null,"abstract":"The article analyzes the structure, territorial organization and development dynamics of industries in Guba administrative region. The analysis of the complex of natural conditions shows that the basis for the development of industries in the region is the efficient use of local raw materials. However, the underutilization of these opportunities has created certain problems in the complex development of industry in the region as a whole. Despite the rich local natural resources and other opportunities, the share of industrial products in total production very little. As a result of statistical analysis, it was determined that in 2010 the retail trade turnover in the administrative region was 194.1 million manat, but in 2019 it increased to 453.3 million manat. This increase was also reflected in the trade turnover per capita. It is clear from the analysis of statistical data of the relevant years that these indicators amounted to 1253.18 manat and 2625.07 manat. It has also helped increase the share of local products. It was determined that currently the share of local products in the retail trade turnover in the administrative region is 78%. The share of imported products in retail trade turnover is only 22%. Key words: industrial product, in-kind expression of industrial product, industrial structure, retail trade, trade turnover, imported product","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"387-389"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49559099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/321-324
Səbuhi İlqar oğlu Salmanov, Azərbaycan Turizm və Menecment Universiteti magistrant
The article discusses the tightness of flange connections used in oil field equipment, provides information about leakage of metallic gaskets. The research results is directed the development og metallic gaskets. Experimental explorations on the sealing of gaskets have been conducted. Based on the obtained analytical expression a graph of functional dependencies was constructed. Tests of metallic gaskets have performed on automatic equipment. Key words: flange connections, sealing, metallic gasket, elastic modulus, leakage rate, compressive stress, medium pressure
{"title":"Ensuring the strength and sealing of flange connections used in oil mining equipments","authors":"Səbuhi İlqar oğlu Salmanov, Azərbaycan Turizm və Menecment Universiteti magistrant","doi":"10.36719/2663-4619/65/321-324","DOIUrl":"https://doi.org/10.36719/2663-4619/65/321-324","url":null,"abstract":"The article discusses the tightness of flange connections used in oil field equipment, provides information about leakage of metallic gaskets. The research results is directed the development og metallic gaskets. Experimental explorations on the sealing of gaskets have been conducted. Based on the obtained analytical expression a graph of functional dependencies was constructed. Tests of metallic gaskets have performed on automatic equipment. Key words: flange connections, sealing, metallic gasket, elastic modulus, leakage rate, compressive stress, medium pressure","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"321-324"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69724249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/280-284
Elxan Əlitahir oğlu Xammədov, Bakı Dövlət Universiteti magistrant
The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes
{"title":"Procedure for out-of-court resolution of individual labor disputes","authors":"Elxan Əlitahir oğlu Xammədov, Bakı Dövlət Universiteti magistrant","doi":"10.36719/2663-4619/65/280-284","DOIUrl":"https://doi.org/10.36719/2663-4619/65/280-284","url":null,"abstract":"The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"280-284"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43171586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/358-361
Fidan Bağır qızı Əliyeva, Azərbaycan Dövlət Pedaqoji Universiteti
Individuals at risk are determined by the theoretical, as well as the need for a socio-philosophical understanding of a person's position in the modern system of social relations, the analysis of social adaptation models and strategies, primarily by the objective needs of development. It is necessary to give priority to a person's problems, his physical and mental health, especially against the background of the constant socio-economic changes of recent decades. At the same time, it should be taken into account that the transformation processes carried out in our country, deep socio-economic transformations strengthen the social stratification of society, change the usual social structure, aggravate the existing situation and bring it to new forms. These negative components of the transformation period are particularly acute in relation to those at risk. Key words: Risk group, Transformation, social adaptation, social stratification, demographic indicators
{"title":"Azerbaijan's experience of social adaptation of risk groups","authors":"Fidan Bağır qızı Əliyeva, Azərbaycan Dövlət Pedaqoji Universiteti","doi":"10.36719/2663-4619/65/358-361","DOIUrl":"https://doi.org/10.36719/2663-4619/65/358-361","url":null,"abstract":"Individuals at risk are determined by the theoretical, as well as the need for a socio-philosophical understanding of a person's position in the modern system of social relations, the analysis of social adaptation models and strategies, primarily by the objective needs of development. It is necessary to give priority to a person's problems, his physical and mental health, especially against the background of the constant socio-economic changes of recent decades. At the same time, it should be taken into account that the transformation processes carried out in our country, deep socio-economic transformations strengthen the social stratification of society, change the usual social structure, aggravate the existing situation and bring it to new forms. These negative components of the transformation period are particularly acute in relation to those at risk. Key words: Risk group, Transformation, social adaptation, social stratification, demographic indicators","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"358-361"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45499814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/341-345
Rahman Arzu Jabbarov
Key words: EU taxaion, functions Court of justice of EU, role of CJEU in EU taxation, creative jurisprudence Introduction The “European tax law” is a set of regulations issued by the EU institutions and designed to provide the control of tax matters over the tax legislations of the Member States. However, the existence of EU rules aimed to regulate the procedures for taxation in the European Member States is not enough to identify an area of an independent and autonomous law. In fact, if the tendency to profile the EU law is developing in the recent times, in order to valorize the regulatory provisions of specific areas of the legal system (giving a meaning to the definition of “European private law” or “European administrative law” or even “European trial law”), it must be considered that the identification of an autonomous sector of law requires the logic of a “legal system”; it basically implies the existence of principles and juridical values and the dynamic relationships between the norms. Therefore, the existence of a set of general rules by EU institutions cannot be considered sufficient to identify a “European tax law”; if these rules compose a mere aggregate without a functional meaning, the element of the systematic unity would be lacking and there should not be an autonomous order of law. In any case, there are several elements which lead to identify an independent and autonomous sector of law in the set of EU norms regarding the taxation law. On the other hand, it must be noted that the fiscal discipline drawn up by the EU sharply drifts away from the developmental lines of the modern tax law. In fact, the whole of the European fiscal regulations essentially meets the logic of the market integration on the basis of the principles of the trading free competetion regardless of the nationality or the residence. Therefore, the tax system is free of its potential load of “obstruction” regarding the free movement of capitals, people, goods or services (the four freedoms of European tradition), in order to show up as a system of “neutral” rules compared to the market and the economic forces of a “free system”. There is a complete lack of the tradition of the European constitutional values which characterize the basic skills of the taxation phenomenon. Particularly, it can be observed as a lack of the “fiscal interest”, intended as the general interest of the associates to the acquisition of tax resources in order to facilitate the social development, the institutional progress, the growth of the Welfare State and the essential equality of all the members of the civil community. Likewise, there is no trace of a reference to the ability to pay, an inescapable principle of distribution of tax burdens among the associates in order to ensure the concrete pursuit of a logic of the national wealth redistribution, which is at the same time a measure of guarantee and a safeguard of the individual sphere from the public administration excesses operate
{"title":"THE ROLE OF COURT OF JUSTICE WITHIN THE EU TAXATION LAW","authors":"Rahman Arzu Jabbarov","doi":"10.36719/2663-4619/65/341-345","DOIUrl":"https://doi.org/10.36719/2663-4619/65/341-345","url":null,"abstract":"Key words: EU taxaion, functions Court of justice of EU, role of CJEU in EU taxation, creative jurisprudence Introduction The “European tax law” is a set of regulations issued by the EU institutions and designed to provide the control of tax matters over the tax legislations of the Member States. However, the existence of EU rules aimed to regulate the procedures for taxation in the European Member States is not enough to identify an area of an independent and autonomous law. In fact, if the tendency to profile the EU law is developing in the recent times, in order to valorize the regulatory provisions of specific areas of the legal system (giving a meaning to the definition of “European private law” or “European administrative law” or even “European trial law”), it must be considered that the identification of an autonomous sector of law requires the logic of a “legal system”; it basically implies the existence of principles and juridical values and the dynamic relationships between the norms. Therefore, the existence of a set of general rules by EU institutions cannot be considered sufficient to identify a “European tax law”; if these rules compose a mere aggregate without a functional meaning, the element of the systematic unity would be lacking and there should not be an autonomous order of law. In any case, there are several elements which lead to identify an independent and autonomous sector of law in the set of EU norms regarding the taxation law. On the other hand, it must be noted that the fiscal discipline drawn up by the EU sharply drifts away from the developmental lines of the modern tax law. In fact, the whole of the European fiscal regulations essentially meets the logic of the market integration on the basis of the principles of the trading free competetion regardless of the nationality or the residence. Therefore, the tax system is free of its potential load of “obstruction” regarding the free movement of capitals, people, goods or services (the four freedoms of European tradition), in order to show up as a system of “neutral” rules compared to the market and the economic forces of a “free system”. There is a complete lack of the tradition of the European constitutional values which characterize the basic skills of the taxation phenomenon. Particularly, it can be observed as a lack of the “fiscal interest”, intended as the general interest of the associates to the acquisition of tax resources in order to facilitate the social development, the institutional progress, the growth of the Welfare State and the essential equality of all the members of the civil community. Likewise, there is no trace of a reference to the ability to pay, an inescapable principle of distribution of tax burdens among the associates in order to ensure the concrete pursuit of a logic of the national wealth redistribution, which is at the same time a measure of guarantee and a safeguard of the individual sphere from the public administration excesses operate","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"341-345"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45586167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-23DOI: 10.36719/2663-4619/65/314-316
Nijat Marif Jafarov
In the modern world, mediation is becoming an increasingly popular alternative to formal adjudication. Around the world, large-scale mediation programs have emerged, which deal with a huge number of both civil and criminal cases. As mediation becomes more widely used as an alternative method of dispute resolution, a new problem has emerged that threatens its continued viability-confidentiality. Confidentiality is a fundamental characterristic of the mediation process, a key feature that distinguishes mediation from litigation. The principle of confidentiality in mediation is a framework that enhances the security of the parties by giving them confidence that they are in a safe place where what is said and done during the process cannot be disclosed or used against them outside the process. This gives them the freedom to negotiate and increases the chances of successful mediation. This article explains the importance and role of the principle of confidentiality in the mediation process. Key words: alternative dispute resolution, mediation, confidentiality
{"title":"THE IMPORTANCE OF THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION","authors":"Nijat Marif Jafarov","doi":"10.36719/2663-4619/65/314-316","DOIUrl":"https://doi.org/10.36719/2663-4619/65/314-316","url":null,"abstract":"In the modern world, mediation is becoming an increasingly popular alternative to formal adjudication. Around the world, large-scale mediation programs have emerged, which deal with a huge number of both civil and criminal cases. As mediation becomes more widely used as an alternative method of dispute resolution, a new problem has emerged that threatens its continued viability-confidentiality. Confidentiality is a fundamental characterristic of the mediation process, a key feature that distinguishes mediation from litigation. The principle of confidentiality in mediation is a framework that enhances the security of the parties by giving them confidence that they are in a safe place where what is said and done during the process cannot be disclosed or used against them outside the process. This gives them the freedom to negotiate and increases the chances of successful mediation. This article explains the importance and role of the principle of confidentiality in the mediation process. Key words: alternative dispute resolution, mediation, confidentiality","PeriodicalId":41760,"journal":{"name":"SPRACHWISSENSCHAFT","volume":"65 1","pages":"314-316"},"PeriodicalIF":0.1,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43757884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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