Journal articles on the topic 'Civil disputes'
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1
White, Peter B., David E. Cunningham, and Kyle Beardsley. "Where, when, and how does the UN work to prevent civil war in self-determination disputes?" Journal of Peace Research 55, no. 3 (January 17, 2018): 380–94. http://dx.doi.org/10.1177/0022343317744826.
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The UN has placed rhetorical emphasis on the prevention of armed conflict before it starts and has taken selective action toward that end. What determines where the UN gets involved? We examine UN preventive actions by focusing on UN Security Council (UNSC) resolutions in self-determination (SD) disputes. We argue that UN decisionmakers consider at least three factors when deciding where to target preventive action: the dispute’s conflict history, the potential for regional contagion, and the characteristics of the dispute. We further argue that the political dynamics of UNSC decisionmaking constrain the UN’s ability to pay attention to the third factor (the characteristics of the dispute). We test this argument using data on all UNSC resolutions comprising the authorization of diplomatic engagement, condemnation, the authorization of sanctions, and the deployment of force targeted toward SD disputes from 1960 to 2005. We find that the UN is much more likely to act in nonviolent disputes that have a history of violence and in disputes with a potential for regional contagion. The analysis shows that, while political barriers likely restrict the ability for the UNSC to act when dispute-level characteristics suggest armed conflict is more likely, the UN does act proactively to prevent violence, rather than just reactively responding to existing violence.
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Agung, Anak Agung Istri, and I. Nyoman Sukandia. "DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 16–26. http://dx.doi.org/10.22225/jn.6.1.3613.16-26.
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The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.
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Stepin, Aleksandr B. "A Legal Conflict in Civil Right Protection Mechanisms." Arbitrazh-civil procedure 4 (April 8, 2021): 8–12. http://dx.doi.org/10.18572/1812-383x-2021-4-8-12.
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The concept of legal conflict is General (cross-sectoral) and at the same time basic in private and public legal mechanisms for the protection of civil rights, along with the issues of choosing the appropriate method of protection, jurisdiction of the dispute, and compliance with the officially established order (procedure). In the context of legal conflict, it is practically significant to study the causes of the conflict, the dynamics of development and the possibility of conflict management. The author assumes that legal conflicts based on legal and individual (contractual, local, judicial) regulation are considered in two forms (types) as unregulated (consensual, non-confrontational) and qualified (law enforcement, confrontational), reflecting the development of legal relations from erroneous actions to tort. Conflicts aimed at restoring the violated (disputed) right allow resolving disputes about the law, the legality of (unfair) actions (inaction), and overcoming the shortcomings of legislation. In this regard, civil-legal and administrative-legal disputes are crucial.
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Wiguna, Made Oka Cahyadi. "Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution." Masalah-Masalah Hukum 47, no. 1 (January 30, 2018): 47. http://dx.doi.org/10.14710/mmh.47.1.2018.47-55.
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AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty. Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci : Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas perjanjian.
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Siswanto, Eko. "PERANAN ARBITRASE (BASYARNAS) DALAM PENYELESAIAN SENGKETA BISNIS SYARI’AH." Al-Amwal : Journal of Islamic Economic Law 3, no. 2 (September 14, 2018): 165–85. http://dx.doi.org/10.24256/alw.v3i2.525.
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Basyarnas as the agency authorized to settle business disputes Shari'ah has a very important role, including: resolving disputes with the principle of prioritizing civil peace efforts; resolving disputes over business operations using Islamic law can be resolved with the use of Islamic law; resolve the possibility of civil disputes between banks Shari'ah with customers or users of their services in particular, and among Muslims who perform civil relationships that make Islamic shari’ah as essentially in general is a genuine need real; and provide a simply and speedy settlement of disputes in civil muamalah or arising in the field of trade, industry, services and others. Basyarnas dispute settlement through confidence and security will be guaranteed for the parties to the dispute; the expertise of the arbitrators; arbitration is confidential; wisdom and sensitivity arbitrator; arbitration decisions more easily implemented than justice; rapid and cost-effective completion. The various stages of settlements, namely: a request to conduct the arbitration; Determination Arbiter; examination; peace; evidence and witnesses or experts; the end of the examination; decision making; improvement of the decision; cancellation of the decision; registration decision; implementation of the decision; and arbitration costs.
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Zabikh, Sh A., and K. Zh Zabikh. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN KAZAKHSTAN IN MODERN CONDITIONS." Bulletin of Kazakh Leading Academy of Architecture and Construction 84, no. 2 (June 15, 2022): 389–403. http://dx.doi.org/10.51488/1680-080x/2022.2-43.
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In this article, the author considers alternative ways to resolve disputes, that is, the use of conciliation procedures to resolve conflict situations in civil proceedings. The traditional way of resolving disputes has been and remains the judicial procedure, which is enshrined in the legislation of most states and is a guarantee of respect for human and civil rights. But the author considers conciliation procedures for resolving a dispute in a civil process by concluding a settlement agreement. Also, special attention is paid to resolving the dispute through mediation. The previously existing types of alternative dispute resolution procedures have been supplemented by participatory procedure and judicial mediation.
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YEFREMOVA, Iryna, and Mykola TERESHCHUK. "Problems of implementation of extrajudicial methods of protection of civil rights." Economics. Finances. Law 8, no. - (August 9, 2022): 17–21. http://dx.doi.org/10.37634/efp.2022.8.4.
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Introduction. The right to protection is one of the main powers of subjects of civil legal relations. The definition of jurisdiction in the law is aimed at eliminating the violation of the law and the influence of the subject of civil legal relations on ensuring the real exercise of civil rights. The purpose of the paper is to study the problems of applying the system of forms and methods of out-of-court settlement of civil legal disputes (conflicts) by conducting an analysis of theoretical and practical aspects. Results. The non-judicial form of protection of civil rights is determined by the possibility of choosing among the indicated methods of protection of private rights among several non-judicial (non-jurisdictional) methods of dispute resolution. This method of out-of-court settlement of a dispute (conflict), such as self-defense, is an effective way of protecting private law, but it is limited in time of application. In order to restore the trust of each of the parties, preserve relations and business reputation, the parties can use such an extrajudicial method of resolving the dispute (conflict) as negotiations. Although negotiations are defined as an effective method of out-of-court settlement of disputes with the protection of the rights and interests of citizens, there remains a risk of non-implementation or incomplete implementation of the agreements reached, which, in turn, may lead to delays in the process of timely protection of the violated right. Mediation is a relatively new out-of-court way of protecting private rights by resolving civil disputes (conflicts). When using the mediation procedure, the parties can reach a consensus, but the resolution of the dispute may go beyond the subject of the violated right. Conclusion. Out-of-court methods of protecting private rights provide an opportunity not only to resolve disputed issues outside the court, but also to save time, financial resources, preserve friendly or partnership relations, and also to go beyond the boundaries of a contentious legal dispute. relations and receive additional bonuses when defending an infringed, unrecognized or contested right.
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Abney, Sherrie R. "The Evolution of Civil Collaborative Law." Texas Wesleyan Law Review 15, no. 3 (July 2009): 495–515. http://dx.doi.org/10.37419/twlr.v15.i3.1.
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The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over the centuries are religions. Litigation may appear to have become just as important as religion for some lawyers, because it has allowed them to earn extraordinary income and exercise an enormous amount of control over their clients' affairs; however, that situation is changing. The public has begun looking for alternative ways to achieve the resolution of disputes in order to give individuals and companies more control over the dispute resolution process as well as a greater voice in the final outcome of their disputes.
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Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.
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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a complex protective legal relationship. The author shows the erroneous identification by some researchers of labor and public service relations and approaches to their determination of the legal nature of public service disputes, including the legality of the application of disciplinary sanctions. It has been substantiated that the legal nature of public service disputes in the civil service system is primarily determined by the content of the relations that underlie their occurrence—public service legal relations—and not by the forms of their consideration, which allows the possibility of applying labor and civil procedural legislation to disputed legal relations.The author defines a public service dispute and an official conflict, describes the signs of a public service dispute on the legality of the imposition of a disciplinary sanction, qualifies the subject matter of the dispute under consideration—substantive legal requirements (disagreements) of the parties that act as an element of the connection between the substantive legal relationship between the parties to the dispute and the procedure applied for the dispute consideration. It has been substantiated that the public service dispute consideration concerning the legality of imposing a disciplinary sanction, termination of a public service contract constitutes a type of law enforcement procedural activity that has its own basis, subject matter, goals, elements, procedural forms and stages, types of decisions, which makes it possible to single out such disputes as one of the administrative proceedings included in the administrative process structure.
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Razdyakonov, Evgeniy S., and Igor N. Tarasov. "Results of the Procedural Reform of the Corporate Dispute Resolution Procedure." Arbitrazh-civil procedure 11 (October 29, 2020): 49–51. http://dx.doi.org/10.18572/1812-383x-2020-11-49-51.
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The article examines some of the results of the procedural reform in terms of the resolution of corporate disputes by courts. The authors formulated four main theses that reflect the essence of this reform: the division of competence in corporate disputes between courts of general jurisdiction and arbitration courts, the expansion of the arbitrability of corporate disputes, the implementation of the principle of one-time consideration of a corporate dispute, the consolidation of new subjects of civil proceedings in corporate disputes not named in the general part of the Commercial Procedure Code of the RF and the Code of Civil Procedure of the RF.
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Kaya, Serkan, Muhammed Danyal Khan, and Rao Imran Habib. "Advanced Technologies for Supporting Dispute Resolution: An Analysis." Review of Applied Management and Social Sciences 2, no. 1 (June 30, 2019): 47–57. http://dx.doi.org/10.47067/ramss.v2i1.14.
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Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some successful examples of global ODR services.
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YAKUSHEV, P. A. "AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 277–93. http://dx.doi.org/10.24031/2226-0781-2021-11-1-277-293.
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The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.
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Боровська, І. А. "CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS." Juridical science, no. 3(105) (March 30, 2020): 447–55. http://dx.doi.org/10.32844/2222-5374-2020-105-3.54.
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The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings.
The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations.
It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent).
The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes.
Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure.
Based on the results of the study, conclusions were drawn.
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Kobzeva, T. A., and I. O. Kulish. "Mediation procedure in Ukrainian realities." Legal horizons, no. 25 (2020): 34–38. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p34.
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In the modern world, the mechanisms of self-regulation become especially important, when the subjects of public relations have the opportunity to independently establish rules of conduct and monitor their observance. The growth of activity and responsibility of participants in civil turnover allows the state to delegate part of its powers in certain areas to civil society institutions. Reconciliation of the parties is one such institution. Today in Ukraine, court proceedings and other jurisdictional mechanisms for reviewing and resolving disputes are the main ways to protect violated rights, freedoms and legitimate interests. However, there is no denying that in today's conditions of formation and dynamic development of civil society, they are often not effective enough. Participants in disputed legal relations are becoming increasingly interested in selfsettlement of disputes arising between them. One of the alternative methods of conflict resolution is mediation. Mediation, as an effective method of pre-trial settlement of disputes, is recognized by the European Community, which recommends its introduction as the main method of alternative dispute resolution at the pre-trial stage and during court proceedings. Mediation procedure, as an effective method of pre-trial settlement of disputes, is relevant for almost all types of legal relations, but unfortunately is not always used, due to the fact that for a long time there was no relevant legislation that could clearly and effectively to settle relations in the field of mediation. On July 15, 2020, the draft Law on Mediation was adopted in the first reading. will provide an opportunity to unload the judiciary and provide a mechanism for the implementation of protection of fundamental human and civil rights and freedoms in our country, as in a modern European state. The scientific work determines the correct use of the mediation procedure and its implementation to today's Ukrainian realities.
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Zheng, Xiaoxiao, Yisheng Liu, Jun Jiang, and Nan Su. "Quantitative Assessment of the Likelihood of Disputes in PPP Projects Using Fault Tree Analysis." Buildings 12, no. 3 (March 21, 2022): 384. http://dx.doi.org/10.3390/buildings12030384.
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Disputes involved in public–private partnership (PPP) projects destroy the relationship between governments and private partners and generate huge losses. To multiply the chances of successfully preventing disputes, a holistic understanding of how a PPP dispute occurs is necessary. This paper contributes to the PPP dispute studies domain in (1) identifying various contributors that lead to the formation of PPP disputes at different levels, (2) proposing a fault tree (FT) framework of a PPP dispute, and (3) evaluating the likelihood of a PPP dispute and displaying the weakest part of a PPP project. First, three basic components that drive the development of PPP disputes are identified: project uncertainty, opportunistic behaviors, and contractual incompleteness. Second, scenario modeling of PPP disputes through fault tree analysis (FTA) depicts a more intelligible structure of PPP disputes. Furthermore, the fuzzy sets evaluation method was employed to compute the fuzzy occurrence likelihood of a PPP dispute. The results indicate that dispute is inevitable in PPP projects (with an occurrence likelihood of 0.9464). Additionally, opportunism is the dominant dispute inducer in PPPs. Our findings are expected to help PPP participants understand how various drivers contribute to the occurrence likelihood of PPP disputes where past data is inadequate. Then, more cost-efficient and appropriate preventive strategies can be developed based on the assessment to minimize the occurrence of PPP disputes.
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Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.
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A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
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В.В., Прядкин,. "The Place of Pre-Trial Dispute Settlement Mechanisms in Civil Proceedings." Vestnik of Russian New University. Series "Man and society", no. 4 (October 15, 2022): 109–16. http://dx.doi.org/10.18137/rnu.v9276.22.04.p.109.
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Рассматривается вопрос места механизмов досудебного урегулирования споров в отечественной правовой системе в рамках гражданского судопроизводства. Приведена и проанализирована имеющаяся судебная и досудебная статистика по разрешенным спорам. Проведен анализ правового и фактического статуса механизмов досудебного урегулирования споров. The article deals with the issue of the place of mechanisms of pre-trial settlement of disputes in the domestic legal system in the framework of civil proceedings. The available judicial and pretrial statistics on resolved disputes are presented and analyzed. The analysis of the legal and actual status of pre-trial dispute settlement mechanisms is carried out.
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Daxecker, Ursula E. "Rivalry, Instability, and the Probability of International Conflict." Conflict Management and Peace Science 28, no. 5 (November 2011): 543–65. http://dx.doi.org/10.1177/0738894211418591.
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This article addresses the effect of political instability and domestic conflict on the probability of militarized interstate disputes. Existing research on the subject has produced inconsistent findings. I hypothesize that the effect of political instability on international disputes is conditional on states’ involvement in civil conflict. More specifically, I argue that while political instability provides leaders with the willingness to use force, civil war creates the necessary opportunities for initiating conflict abroad. A directed-dyad analysis of international rivals for the 1816–2000 time period shows that instability coupled with civil war increases the probability of militarized interstate dispute initiation among rival states. Results are consistent for alternative indicators of political instability and civil war.
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Tanriverdi, Cenk, Guzide Atasoy, Irem Dikmen, and M. Talat Birgonul. "CAUSAL MAPPING TO EXPLORE EMERGENCE OF CONSTRUCTION DISPUTES." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 27, no. 5 (May 27, 2021): 288–302. http://dx.doi.org/10.3846/jcem.2021.14900.
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Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping approach to understand dispute emergence patterns in practice. Initially, a causal map of construction disputes is developed based on literature. The map is altered and verified through an expert workshop, considering projects contracted through FIDIC Yellow Book. The causal representation of the dispute emergence patterns highlights the importance of pre-construction studies, people factor, and contract terms. It is revealed that significant causes are either result of a chain of preceding factors or are triggers for further ones. This finding reinforces that the occurrence of disputes does not only depend on individual causes; rather, these causes combine with a series of other factors for a dispute to occur.
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RAZDYAKONOV, E. S., and I. N. TARASOV. "ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (CHAPTER 28.1)." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 134–79. http://dx.doi.org/10.24031/2226-0781-2020-10-5-134-179.
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This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a corporate dispute. The authors from the standpoint of the modern doctrine of the civil law process interpret the articles of Chapter 28.1 of the Arbitration Procedure Code of the Russian Federation, which regulate the consideration of cases by arbitration courts on corporate disputes. The content of the commented norms is revealed in their relationship with other norms of the APC RF, provisions of other federal laws and current legal positions of the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation. The allocation by the legislator of the procedure for considering corporate disputes in a separate chapter of the APC of the Russian Federation is due to the nature of the disputed material legal relations and the task of considering such cases using procedural features that make it possible to better ensure the observance and protection of the rights and legitimate interests of participants in a corporate dispute. These procedural features are established by the legislator in terms of determining the competence of arbitration courts to consider corporate disputes, requirements for a statement of claim (statement) in a corporate dispute, providing access to information about a corporate dispute, conciliation in a corporate dispute, application of interim measures, time limits for performing certain procedural actions, including time limits for appealing judicial acts, composition of court costs, grounds for imposition and amounts of court fines. These features are disclosed by the authors during commenting on the relevant provisions of the law.
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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.
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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor rights of the employee is endowed with broad powers to choose the means of protection of labor rights in accordance with the provisions of Article 16 of the Civil Code of Ukraine. Considering the labor disputes on the rules of civil procedure, the court considers not only the labor dispute essentially and resolves the issue of restoration of the violated or disputed subjective labor law, but also resolves the property component of the dispute about the payment, partial payment or non-payment of the claim. Other bodies except court are not endowed with such competence. It is challenged the view that an employee's self-defence of his or her subjective employment right is effective only in cases where the employer does not intend to violate the employee's employment rights. It is emphasized that till today, labor law does not use a mediation that is quite capable to help to resolve a number of labor disputes and conflicts. The mediation can be useful for resolving both collective and individual labor disputes. Its main advantage as a form of protection of labor rights and legitimate interests is the efficiency and speed of resolving the case essentially. The participation of the mediator, as a disinterested party in resolving the dispute, allows the parties to the dispute to understand the situation and voluntarily work out a way out of the dispute, while the parties can make concessions to each other to speed up the case solution. However, till now in Ukraine there is no legal regulation of mediation, and this properly slows down the spread of this form of protection in the field of labor disputes (conflicts).
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Halim, Abdul. "THE DEVELOPMENT OF CIVIL LAW PROCEDURES IN THE RESOLUTION OF DIVORCE DISPUTES IN THE RELIGIOUS COURT." Legal Standing : Jurnal Ilmu Hukum 3, no. 2 (November 12, 2019): 116. http://dx.doi.org/10.24269/ls.v3i2.2079.
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Relations which appear from legal actions do not always end well. It is not seldom that it may end with conflicts or disputes which end in court. To demand for the rights which appear from those legal relations, there needs to be some procedures and regulations so that the demand of rights may be carried out according to the law. The law which regulates those things are usually called the civil law procedures. The resolution of civil disputes in court (litigation) and the resolution of civil disputes through a non-court manner (non-litigation) in the context of the divorce dispute resolution in the Religious Court, is a combination between the litigation and the nonlitigation mmethods. This is rather interesting to be studied. The interesting part is its effectivity as a preventive or a repressive effort in handling the divorce cases in the Religious Court.
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Šikić, Marko, and Mateja Held. "Opunomoćenici u upravnom sporu." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 69–85. http://dx.doi.org/10.30925/zpfsr.41.1.3.
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Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.
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Tan, Vivi. "Online Dispute Resolution for Small Civil Claims in Victoria: A New Paradigm in Civil Justice." Deakin Law Review 24 (August 30, 2019): 101–38. http://dx.doi.org/10.21153/dlr2019vol24no1art873.
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This article seeks to explore some of the implications of integrating information and communications technology into judicial processes to resolve small civil claims. It argues that, as ODR moves from individual private-sector initiatives to widespread public sector institutionalisation, governance and value questions will need to be seriously considered. This is because questions regarding the appropriateness of the use of certain ODR systems in the resolution of small claims and consumer disputes persist, especially in relation to the use of systems which are fully autonomous. For example, how are fundamental due process requirements to be balanced against the economic constraints of resolving low value disputes? What are the limits to the evolution of civil justice to make it more accessible? It is argued that, while ODR holds vast potential for increasing access to justice, attention needs to be given to the dispute system design to ensure that it achieves that goal and does not result in the erosion of fundamental values of civil justice, including accessibility, transparency, legal validity and accountability.
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Fadhly, Muhammad Ridwan, Anita Afriana, and Sherly Ayuna Putri. "TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (March 8, 2021): 1. http://dx.doi.org/10.36913/jhaper.v6i2.126.
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Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.
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Dewi, Ni Made Trisna. "Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata." Jurnal Analisis Hukum 5, no. 1 (April 25, 2022): 81–89. http://dx.doi.org/10.38043/jah.v5i1.3223.
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The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with direct interviews with competent people using peace theory, effectiveness theory in the rule of law concept to study and get answers to existing problems. The results of this study are legal efforts to resolve disputes over buying and selling diamonds in civil law cases, namely by non-litigation, this is generally done in civil cases only because it is more private in nature by having several forms to resolve disputes, namely: Negotiation, Mediation and Arbitration. Meanwhile, the obstacles to non-litigation settlement in the settlement of civil law cases of buying and selling are juridical barriers regarding mediation and the validity of the results of the peace where the parties sometimes or the public doubts the final outcome of dispute resolution through mediation and non-juridical barriers, namely obstacles that occur because the parties involved directly related to the diamond sale and purchase dispute, prioritizing emotions in problem solving. The emotional factor with its arrogance assumes that all parties are in the right position, so they don't want to give up.
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Leshchina, E. L. "Competition of Procedural Forms of Court Consideration of Public Service Disciplinary Disputes." Actual Problems of Russian Law 17, no. 1 (December 20, 2021): 49–59. http://dx.doi.org/10.17803/1994-1471.2022.134.1.049-059.
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The paper examines the features of the legal regulation of consideration of administrative disputes and public service disputes as one of their types by the courts of general jurisdiction. It is shown that, despite the public and managerial nature of state-official, disciplinary relations, public service disputes between civil servants and an authorized manager about the legality of disciplinary sanctions, as well as disputes between employees and their employers, are dealt with by the courts under the rules of the Code of Civil Procedure of the Russian Federation, since the legislation does not establish special jurisdictional rules for claims arising from public service disputes. The author substantiates the opinion that for administrative cases challenging (appealing) the decisions, acts (or omissions to act) of state authorities and other state bodies and their officials on the ground of their nature and content of legal relations underlying them, administrative proceedings constitute the preferred procedural form for their consideration. Currently, administrative proceedings do not have any legitimate possibility to consider a dispute complicated by civil claims. Based on the analysis of existing approaches to the choice of procedural forms of consideration of public service disputes, it is suggested that the court can consistently consider within one administrative case, first, the legality of an administrative act, and then the claims against the state body, which will require the revision of the concept of the Code of Administrative Court Procedure in the RF.
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GABOV, A. V. "ONLINE SETTLEMENT OF DISPUTES BETWEEN PARTICIPANTS OF DIGITAL PLATFORMS IN THE CIVIL RIGHTS PROTECTION SYSTEM." Herald of Civil Procedure 12, no. 1 (April 15, 2022): 208–35. http://dx.doi.org/10.24031/2226-0781-2022-12-1-208-235.
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The development of digital platforms (and now ecosystems) logically leads to the emergence of various kinds of mechanisms for resolving disputes arising between platform participants (ecosystems). Online dispute resolution systems of this kind currently exist in Russia and abroad; there are also certain normative approaches to their creation and regulation at the level of UNCITRAL, the European Union and individual states. However, it is in the era of the platformization of economic relations that their regulation becomes important. Formally, today the parties to such disputes are not limited when resolving disputes in the use of state (justice) and alternative dispute resolution mechanisms, but in many cases their use can be difficult and burdensome (due to the cross-border nature of the platform). In addition, refusal or evasion from the use of online dispute resolution mechanisms “inside” the platform (ecosystem) can lead to certain negative consequences for a person. In this regard, the study of the phenomenon of online dispute settlement between participants of platforms (ecosystems) is of practical and theoretical interest. This is all the more important because there is no corresponding regulation in Russia and only attempts are being made to create special regulations. As their analysis shows, unfortunately, domestic approaches cannot yet be recognized as fully adequate and reflecting the interests of various parties – buyers, sellers and platforms. The author of the article analyzes the existing practice of online dispute resolution, draft regulations. The existing key forks in approaches to the creation of new regulation are shown and proposals are made on further directions of development of regulation.
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Gešková, Katarína. "Procedural Specifics of Consumer Dispute Resolutions in Slovakia." International and Comparative Law Review 22, no. 1 (July 1, 2022): 43–72. http://dx.doi.org/10.2478/iclr-2022-0003.
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Summary The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.
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Putra, Dewa Nyoman Rai Asmara, and I. Putu Rasmadi Arsha Putra. "Akibat Hukum Pendaftaran Penyelesaian Sengketa Alternatif." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 1 (July 16, 2020): 73. http://dx.doi.org/10.36913/jhaper.v6i1.102.
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Everyone is allowed to be in conflict with legal issues that exist in civil procedural law called cases that contain both disputes and those that do not contain disputes. Disputes are indeed important to mature the way of thinking, but more importantly must be agreed. Managing disputes means fi nding the best way to resolve them. The best way to resolve disputes is by means of a win-win solution in Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR). Settlement of disputes with ADR has the highest degree because it is really fi nished, not resolved the dispute, as long as each party obeys all the results of the agreement that has been made. In Article 6 paragraph (7) of Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR), the results of the agreement must be made in written form and must be registered with the District Court. This research focuses on studying the method of registration proposed in article 6 paragraph (7). Law No. 30 of 1999. The results of this study found facts regarding the payment of the results of the agreement to the District Court does not have any legal requirements for the parties related to legal certainty, justice and benefi ts for the agreement.
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Kotsiuruba, A. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 28–32. http://dx.doi.org/10.17721/1728-2195/2020/2.113-6.
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The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.
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Kurniawan, Wahyudi. "THE EXISTENCE OF MEDIATING JUDGES IN THE PROCESS OF CIVIL DISPUTE MEDIATION BASED ON THE SUPREME COURT REGULATION NO. 1 YEAR 2016." Legal Standing : Jurnal Ilmu Hukum 3, no. 1 (July 4, 2019): 147. http://dx.doi.org/10.24269/ls.v3i1.1804.
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The aims of this research are 1) to analyze the existence of mediating judges in the process of civil dispute mediation based on the Supreme Court Regulation (Peraturan Mahkamah Agung/PERMA) No. 1 year 2016 regarding the mediation procedures in court; 2) to analyze the supporting and the inhibiting factors which influence the existence of mediating judges in the process of civil dispute mediation in court. This research is a normative juridical study with primary, secondary, and tertiary law materials. The manner and the instruments to collect the legal materials are using the method of documentation and document study. Data analysis is done by analyzing the research materials qualitatively. The research results and discussion show that the existence of mediating judges in the process of civil dispute mediation based on the Supreme CourtRegulation No. 1 year 2016 regarding the mediation procedures in court becomes the main choice of the parties who are in dispute. The supporting factors of the mediation by the mediating judges in a civil dispute are: human resources, economical budget, and infrastructure. The inhibiting factors of mediation by mediating judges in civil law disputes are: the parties are not present during the mediation, the number of certificated judges, and the society’s knowledge. Based on the research results and the discussion, it can be concluded that: 1) the mediation process by the mediating judges in the solving of civil law disputes becomes the main choice of the conflicting parties, 2) the supporting and the inhibiting factors which influence the existence of mediating judges in the processof mediating civil disputes are as follows: human resources, level of knowledge or the society’s understanding, facilities and infrastructure, work burden of the judges, also the regulations in the implementation of the mediation. Suggestions regarding the results of this research are: 1) increasing the service of the mediation process by the mediating judges in court, 2) increasing the quality of the human resources, increasing the facilities and the infrastructure regarding mediation, 3) and increasing the socialization to the people regarding mediation and also the issuing of regulations on mediation which are more complete and detailed.
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Suwondo, Denny. "MEDIATING CIVIL DISPUTES THROUGH LOCAL WISDOM." Jurnal Pembaharuan Hukum 7, no. 1 (April 18, 2020): 32. http://dx.doi.org/10.26532/jph.v7i1.11012.
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The purpose of the research is intended to bring people to prosperity, happiness, and harmony so that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes. The approach used in this paper is a normative juridical approach. The findings in this study include that the law is for humans, not humans for the law, whose purpose is to bring people to prosperity, happiness, and harmony. So that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes with due regard to referring to the win-win solution principle, what is meant by the disputing parties feel that no one is defeated, Achieve the inner glory and inner peace of the parties, Reinforcement of family values and sense of belonging to the disputing parties.
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Bozhuk, I. I., and I. V. Chekhovskaya. "Medical Arbitration (Arbitration Court) as an Alternative to Civil Courts in Medical Disputes." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 82–94. http://dx.doi.org/10.32631/v.2021.2.07.
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The purpose of the research is to study theoretical and legal basis for the creation, operation of medical arbitration, its legal sources; experience of foreign countries that use medical arbitration in resolving disputes in the field of medical relations, as well as the development of propositions for the development and operation of medical arbitration in Ukraine.
The authors of the article examine the meaning of the terms of "arbitration court" and "medical arbitration". Their differences are highlighted: a) medical arbitration is an integral part of the arbitration court, it is created and operates within the arbitration court; b) medical arbitration has its own specialization (focus on resolving disputes in the field of medical relations).
The authors’ definition of the term of "medical arbitration" is formulated.
Regulatory legal acts that constitute the legal basis for the existence of arbitration courts in Ukraine are analyzed. The peculiarities of arbitration proceedings as an extrajudicial jurisdictional form of protection of the rights of subjects of medical legal relations are singled out: the presence of clear legislative regulation of the activities of arbitration courts; formalized nature of dispute resolution activities; jurisdictional nature of the arbitration court; legislative exclusion from the jurisdiction of the arbitral tribunal of certain categories of disputes; the absence of a direct dependence of the consequences of the dispute on the willingness of the parties to cooperate, as the party to the arbitration agreement cannot unilaterally refuse to arbitrate the dispute.
The advantages of medical arbitration (arbitration court) as opposed to civil courts in medical disputes are determined. These include: simplified procedure and lack of evidence; lack of formal rules of conduct; free choice of mediator (arbitrator, mediator, consultant, etc.); confidentiality and secrecy in resolving the dispute; possibility of personal control of the course of the procedure; infinity in time; private (non-state) nature.
The current state of development of medical arbitration is analyzed, as well as the main problems of its application in Ukraine are highlighted: insufficient awareness of medical arbitration and its scope, advantages before court proceedings; lack of sufficient qualified and experienced specialists; lack of state support and encouragement to use this form of protection of citizens’ rights; public distrust of new instruments of protection of the rights; the need to amend the Law of Ukraine "On Arbitration Courts" in terms of limiting the jurisdiction of arbitration courts of disputes related to consumer protection, including medical services.
The advantages of medical arbitration (arbitration court) as opposed to civil courts in medical disputes are determined. International experience of applying medical arbitration at the decision of disputes in the field of medical legal relations is studied and suggestions concerning the development and functioning of medical arbitration in Ukraine are developed. It is offered to increase the volume of subordinate cases for arbitration proceedings, in particular to provide an opportunity to consider medical conflicts in this order; to work to increase the authority of arbitration and the level of competence of arbitrators; to improve state support in the establishment and promotion of arbitration courts and to create conditions for training specialists for the activities of arbitration courts, as well as to improve their skills by exchanging experience with foreign countries that have succeeded in the development of arbitration.
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KOZAR, VLADIMIR, and ANA OPAČIĆ. "SPECIAL RULES OF PROCEDURE IN CIVIL AND COMMERCIAL DISPUTES OF SMALL VALUE." Kultura polisa, no. 45 (July 3, 2021): 291–306. http://dx.doi.org/10.51738/kpolisa2021.18.2r.4.04.
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The paper presents legal provisions, attitudes of court practice and opinions of legal science on special procedure in litigation on small claims. The concept, history and significance of the small dispute are explained. The issues concerning the census, ie the threshold value of the subject matter of the dispute on which the application of this special type of procedure depends, were especially considered. The problem of a large number of proceedings in small disputes, the value of which is so low that the mechanism of judicial protection should not be initiated, was pointed out, as well as the necessity of prescribing a minimum threshold for the admissibility of a lawsuit. On the other hand, too high a prescribed threshold in small value disputes does not correspond to the economic strength of citizens, which leads to a reduction in the quality of judicial protection in disputes that are of great importance to the party. Then, the most important specifics of the small dispute were analyzed, which are manifested in the consequences of the absence of the parties from the main hearing, as well as in the limitation of the grounds of appeal by excluding the principle of beneficium novorum. The procedural-legal significance of the absence of the plaintiff is presented, which is reflected in the occurrence of the fiction of withdrawing the lawsuit. Also, the conditions for passing a verdict due to absence as a consequence of the defendant's absence from the main hearing, which is based on the fiction of admitting the facts, were analyzed. It was pointed out that the decision resolving a small value dispute cannot be challenged due to an erroneously or incompletely established factual situation, but only due to an absolutely significant violation of the provisions of civil procedure and due to incorrect application of substantive law. Finally, proposals for amending the law were given, in order to facilitate the application of procedural norms and increase the efficiency of the procedure.
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Zhou, Xin, and Junyu Lan. "Investigation Report on Jurisdiction of Online Shopping Contract Disputes." Asian Journal of Social Science Studies 7, no. 4 (April 14, 2022): 134. http://dx.doi.org/10.20849/ajsss.v7i4.1108.
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With the continuous expansion of the market scale of online shopping, the contradiction between merchants, platforms and consumers has gradually become prominent, which is manifested in the increasing number of online shopping disputes in the courts. The determination of jurisdiction is the starting link before the dispute enters the litigation, which involves the orderly conduct of civil litigation and is related to the interests of the parties. This paper attempts to analyze the causes of the jurisdictional issues of online shopping contract disputes through the investigation of the jurisdictional decisions, explore the shortcomings of existing jurisdictional provisions in online shopping contract disputes, improve the jurisdictional system of online shopping contract disputes, and explore possible legal optimization paths, so as to provide theoretical support for legislation and justice.
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Henry DP Sinaga, Agus P. Priyono,. "IS ADMINISTRATIVE JUSTICE A PROBLEM-SOLVING OF TAX DISPUTE?" Jurnal Tax Law and Policy 1, no. 1 (June 17, 2022): 54–66. http://dx.doi.org/10.56282/jtlp.v1i1.63.
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It is necessary and urgent to construct provisions regarding tax disputes in the tax court. So that the concept (law) of administrative justice is produced as a problem solving of tax disputes. This article uses a normative juridical method with a prescriptive and evaluative line of thought. Indonesia's tax disputes (including central taxes, regional taxes, and customs and excise) are significant. The percentage of decisions that partially and fully grant the disputes submitted by taxpayers is consistently above from 2014 to 2020. The proposed reform of the Tax Court Law, which shows its characteristics as a settlement of tax dispute cases and at the same time as a problem solver, among others, regulates the existence of an appeals conference or hearing and its characteristics before filing a tax dispute. The handling of applicable tax disputes is still limited to resolving dispute cases, not yet reaching a problem-solving of tax disputes. The handling of civil and criminal cases in court and arbitration has adopted the handling of case resolution and problem-solving of arguments. This will only lead to recurring problems in tax disputes, including the filing of appeals and tax claims that remain a lot, the number of beschikking which is granted partially or wholly even though it is based on the same statutory regulations, the incurrence of extra costs, and additional time for the tax-disputinguting parties. Thus, administrative justice can be considered a fair problem solver in resolving tax disputes between taxpayers and the tax authorities.
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Xamidullo, Quchqarov. "Issues Of Improving Civil Litigation." American Journal of Political Science Law and Criminology 03, no. 03 (March 30, 2021): 28–34. http://dx.doi.org/10.37547/tajpslc/volume03issue03-05.
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This article presents the specifics, advantages and disadvantages of considering labor disputes in court and out of court, as well as suggestions for improving the norms governing the existing situation in our legislation in this regard.
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Kusmayanti, Hazar, Agus Mulya Karsona, and Efa Laela Fakhriah. "Penyelesaian Perselisihan Hubungan Industrial melalui Putusan Perdamaian di Pengadilan Hubungan Industrial Pengadilan Negeri Padang Kelas I (A)." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 1 (July 16, 2020): 35. http://dx.doi.org/10.36913/jhaper.v6i1.100.
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Industrial relations disputes can be resolved through court (litigation) and out of court (non litigation) as stipulated in Law Number 2 of 2016 concerning Industrial Relations Dispute Settlement (PPHI). From the formal legal aspect governing the settlement of industrial relations disputes is the Law Civil Procedure that applies in the General Court, which is usually complicated and long. Usually for litigation at the District Court level, at least the workers/litigants must meet for 8 to 10 days. Padang District Court in the IA Class in order to achieve the principle of Civil Procedure Law Fast, Simple and Low Cost made a breakthrough with the success in bringing a decision on peace in industrial relations disputes in the past 4 years. The author is interested whether this Peace ruling does not contradict Article 4 of PERMA Number 1 of 2016 and does not confl ict with statutory regulations and has permanent legal force. The method used in this research is normative juridical analysis of facts that exist systematically. The results of the research and discussion showed that Article 4 of PERMA Number 1 of 2016 is doubly meaningful, so that the Peace Decision in the Padang District Court of Class IA is not in confl ict with the laws and regulations and has permanent legal force. The factors causing peace in the Padang Industrial Relations Court, namely Article 4 PERMA Number 1 of 2016 has a double meaning, so that the Padang Industrial Relations Court refers to Article 130 HIR, there is pressure on the bipartite process, mediation in the employment service is less than optimal, the parties those who disputed want peace to be carried out in the industrial relations court, the panel of judges considered that disputes were very possible to be carried out peacefully, and to reduce the accumulation of cases in the court.
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Magomedova, M. A. "Initiation of a case for a land dispute in an arbitration court." Law Нerald of Dagestan State University 41, no. 1 (2022): 109–15. http://dx.doi.org/10.21779/2224-0241-2022-41-1-109-115.
Full textAbstract:
Consideration of a case at first instance begins with the stage of initiation of a case. Actions made at this stage are united by the purpose of initiation of process. The basic purpose of the lead research is definition of prerequisites of the right of institution of legal proceedings on land disputes in arbitration court. For achievement of the specified purpose, criteria of attribution of land disputes to the competence of arbitration court, a role of a subject and the basis of the claim in determination of identity of claims on land disputes and their influence on separate institutes of arbitration legal proceedings are determined. Conducted research is based on civil procedure scientists' views, the analysis of the current arbitration procedural legislation, legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court expressed before its liquidation and practice of arbitration courts of the Russian Federation. The main category of land disputes arises from civil legal relations, which are considered in action proceedings. The initiation of a case is connected with certain prerequisites, which are explored in the article. Determination of the competence of the arbitration court of the land dispute is connected with economic nature of the dispute and its subject composition. In the article the economic nature of the land dispute is connected with the purpose for which the land plot is used. As an additional criterion to determine the competence of the arbitration court, the type of the permitted use of the land dispute should be used. The article criticizes the provision of part 2 clause 64 of the Land Code of the RF on the pre-trial nature of the arbitration proceedings in the land disputes. The change in the legislative definition of the land plot made it possible to speak about exclusive jurisdiction of land disputes considered by way of action proceedings. The article defines the notion of the subject matter and cause of action in a land dispute. Their value for definition of external and internal identity of claims, limits of consideration of land disputes, formulation of a resolutive part of the judicial decision is revealed. The article suggests the procedure for determining the price of a claim for land claims of a property nature
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Zhang, Chengcheng. "Research on Judicial application of Village Regulations and Civil Covenants in Civil Disputes." International Journal of Education and Humanities 4, no. 3 (September 27, 2022): 197–203. http://dx.doi.org/10.54097/ijeh.v4i3.1806.
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With the promotion of the rural revitalization strategy and the transformation of rural society, the number of cases involving civil disputes of village regulations and civil agreements is increasing. Due to the lack of relevant judicial rules, courts are faced with judicial dilemmas such as unclear scope of accepting cases, different standards of legality review, and ambiguous identification of membership of collective economic organizations. Based on 386 judicial precedents related to village regulations and civil covenants in civil disputes, data analysis and countermeasures are carried out. By clarifying the scope of cases accepted by the court, the subject and standard of legality review, and the standard of collective economic organization membership identification, the rules provide countermeasures for the judicial organs to resolve the civil disputes of village regulations and civil agreements, so as to protect the legitimate rights and interests of villagers.
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Wydra, Łukasz. "Zdatność arbitrażowa sporów korporacyjnych (uchwałowych) po nowelizacji Kodeksu postępowania cywilnego." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 282–93. http://dx.doi.org/10.15584/znurprawo.2020.29.19.
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Since 8 September 2019, amendments of the Code of Civil Procure, referring among others to the arbitrability of the disputes, the scope of subjects to be bound by arbitration clause contained in the articles of association of a company the modern way of informing on a corporate dispute that has arisen. entered into force. Hence, it is too early to make complex evaluation of the given amendments, it would be desirable if at least the arbitrability of corporate disputes would extend.
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Zheng, Xiaoxiao, Yisheng Liu, Ruijiao Sun, Jinzhao Tian, and Qi Yu. "Understanding the Decisive Causes of PPP Project Disputes in China." Buildings 11, no. 12 (December 13, 2021): 646. http://dx.doi.org/10.3390/buildings11120646.
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Disputes are inevitable in public-private partnership (PPP) projects and generate great losses of time and money in practice. If an in-depth understanding of dispute sources can be obtained beforehand, the process of PPP may become more smooth. This paper aims to identify and assess the causes of PPP disputes between the public and private sectors. First, 15 causes are explored based on the PPP litigation cases from China Judgments Online. Second, the Decision-Making Trial and Evaluation Laboratory (DEMATEL) method is utilized to provide a holistic understanding of the relative importance and define the cause-effect categories among PPP dispute sources. The results demonstrate that the top three decisive causes of PPP disputes are the repudiation of contracts (result category), lack of expertise and experience (reason category), and unreasonable risk allocation (result category). Further, dispute avoiding strategies are proposed to minimize or completely avoid the occurrence of PPP disputes. The outputs are expected to add meaningful insights to potential sources of dispute and dispute prevention mechanisms in PPPs. To some extent, the investors can develop strategic measures through the findings before entering into PPP markets.
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Piwowarczyk, Marika. "Formalne aspekty pozasądowego rozwiązywania sporów przed Rzecznikiem Finansowym." Studia Prawa Publicznego, no. 1(33) (March 15, 2021): 117–37. http://dx.doi.org/10.14746/spp.2021.1.33.5.
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The study concerns one of the methods of amicable settlement of consumer disputes i.e. out-of-court settlement of disputes between a client and a financial market entity before the Financial Ombudsman. The Financial Ombudsman is a sectoral entity created to resolve specific disputes in the financial sector. Due to the fact that services provided by financial market entities often require special protection of consumers who are clients of financial market entities it is therefore important to ensure that the consumer has easy and effective access to legal protection measures. One such measure is out-of-court settlement of disputes before the Financial Ombudsman. Disputes regulated by civil law have been additionally regulated by public law. Out-of-court dispute settlement before the Financial Ombudsman is indirectlyan element of the implementation of the European Union legislative package concerning ADR (Alternative Dispute Resolution) aimed at providing consumers with the possibility of resolving disputes with entrepreneurs before entities offering independent, impartial, transparent, effective and quick methods of alternative disputes solving. In Poland the implementation took place in the Act of September23, 2016 on out-of-court resolution of consumer disputes. However, out-of-court dispute settlement between a customer and a financial market entity was provided by the Polish legislator at an earlier date. It was implemented by the Act of August 5, 2015 on complaints handling by financial market entities and on the Financial Ombudsman. The aim of the study is to analyse the administrative and legal conditions of out-of-court dispute settlement before the Financial Ombudsman and to attempt to verify whether this process does in fact provide clients of financial market entities with quick and effective access to legal protection measures, therein protecting their interests.
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Tykhanskyi, Oleksandr B., Oksana Z. Khotynska-Nor, Nataliia V. Vasylyna, and Maria V. Bondarieva. "Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study." International Journal of Criminology and Sociology 10 (December 31, 2020): 400–411. http://dx.doi.org/10.6000/1929-4409.2021.10.48.
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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.
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Sheremetyeva, Anna Konstantinovna, Tatyana Leontievna Kalacheva, Natalia Sergeevna Makharadze, Konstantin Borisovich Parfenov, and Antonina Viktorovna Fadeeva. "Trends in the development of accessibility to civil rights protection." SHS Web of Conferences 118 (2021): 04002. http://dx.doi.org/10.1051/shsconf/202111804002.
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The purpose of the study is to analyze the legal regulations that cover the procedures for resolving disputes without judicial proceedings for their subsequent development and popularization. In the course of the study, in combination with a comprehensive and systematic analysis, the following general scientific cognition methods were used: dialectical, hermeneutic, synthesis, the method of ascending from the abstract to the concrete, the method of generalization and comparison. The results of the study are as follows: justice, being a necessary element of building the rule of law, should be supplemented and improved through alternative ways of resolving conflict situations. The latter shall develop civil jurisdiction and resolve disputes on a highly professional basis. It seemed that the creation of a single procedural form would be a guarantee of the effectiveness of the protection of rights, but in contrast to this idea, there was created a procedural code that regulates administrative jurisdiction. In this regard, it seems promising to develop alternative dispute resolution mechanisms, which are simpler models of protection of violated interests than the court. Therefore, the novelty of the study is in the justification of the need to identify patterns of improving access to legal protection through the use of alternative methods of dispute resolution.
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AGRAPANA, MUHAMMAD ALGHIFARI, ENNI SOERJATI PRIOWIRJANTO, and TASYA SAFIRANITA RAMLI. "COPYRIGHT PROTECTION OF CINEMATOGRAPHIC WORKS USED IN SONG LYRICS VIDEOS WITHOUT THE CREATOR'S PERMISSION." Jurnal Independent 9, no. 2 (September 10, 2021): 1. http://dx.doi.org/10.30736/ji.v9i2.140.
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ABSTRACTThe use of film works without the author's permission to make a lyric video that aims to promote songs by musicians is a phenomenon that often occurs in the music industry today. This study discusses the extent to which Law Number 28 of 2014 concerning Copyright provides protection in the use of cinematographic works and what legal actions are taken if there is use of cinematographic works without permission. behavior that is appropriate for humans is used as a material for review. The data used is secondary data in the form of an assessment of the literature and laws and regulations related to copyright. The results showed, protection of cinematographic works in Indonesia protects the moral and economic rights of the creator or copyright holder. resolution if there is unauthorized use can be reached through out-of-court dispute resolution, namely alternative dispute resolution and complaints to the Minister for copyrights that are in the digital realm. Settlement of disputes in court in the form of civil lawsuits and criminal charges. The provisions in UUHC regarding this use are still unable to balance the interests of the creator with the community because there is no comprehensive fair use provision. Dispute resolution if there is unauthorized use can be reached through out-of-court dispute resolution, namely alternative dispute resolution and complaints to the Minister for copyrights that are in the digital realm. Settlement of disputes in court in the form of civil lawsuits and criminal charges. The provisions in UUHC regarding this use are still unable to balance the interests of the creator with the community because there is no comprehensive fair use provision. Dispute resolution if there is unauthorized use can be reached through out-of-court dispute resolution, namely alternative dispute resolution and complaints to the Minister for copyrights that are in the digital realm. Settlement of disputes in court in the form of civil lawsuits and criminal charges.
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Qin, Huaping. "Beyond Litigation: The Use of ADR in Resolving Disputes Between Air Carriers and Passengers: China’s Perspective." Air and Space Law 47, Issue 3 (July 1, 2022): 347–74. http://dx.doi.org/10.54648/aila2022019.
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In 2019, the Transportation Department of Civil Aviation Administration of China (CAAC), the Consumer Affairs Center and the China Air Transport Association have received 30,462 complaints from consumers. Meanwhile, the Consumers Association had accepted 9,010 complaints about disputes on air passenger transport in 2020. Traditionally, such disputes are usually resolved through litigation if the two parties could not reach consensus concerning the compensation. However, litigation is time-consuming and not consumer-friendly, therefore, the alternative dispute resolution (ADR), including arbitration and mediation, may be more appropriate, since most of those disputes are simple in terms of the fact and the amount of compensation involved. This article analyses the advantages of ADR in resolving the disputes compared with litigation based on the Chinese judicial practices. It then points out that the application of ADR in this area is not fully recognized and developed in China, and suggests that measures should be adopted to promote the application of ADR in the future. ADR, air passenger, air carrier, online dispute resolution
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Afriana, Anita, and Hazar Kusmayanti. "Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 2 (April 7, 2021): 183–94. http://dx.doi.org/10.25041/fiatjustisia.v15no2.2086.
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One of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days).
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Casey, Angela. "Individualarbeitsrechtliche Streitigkeiten im Schiedsverfahren." ASA Bulletin 35, Issue 2 (May 1, 2017): 266–80. http://dx.doi.org/10.54648/asab2017025.
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In the last decade, arbitration as a mechanism for alternative dispute resolution has become increasingly important. Questions of arbitrability move to the forefront as arbitration expands to disputes whose commercial character might be less obvious. One recent question of interest is whether individual employment disputes can be the subject of arbitration proceedings in Switzerland. This paper identifies two areas of employment disputes which lend themselves to final resolution through arbitration. In particular, sports related and “executive”-employee disputes benefit from dispute resolution outside of state courts. The well-known distinction between domestic and international arbitration proceedings seated in Switzerland has a profound impact on the subject matters that are considered to be arbitrable. Because Art. 177 of the Private International Law Act states that any dispute concerning a pecuniary interest may be the subject of an arbitration procedure, “international” parties desiring to arbitrate their dispute will rarely face an issue since almost all possible employment law claims are of a pecuniary interest to at least one party. On the other hand, the arbitrability of a domestic dispute is governed by Art. 354 Civil Procedure Code, which limits the scope of a potential arbitration procedure to any claim over which the parties may “freely dispose of”. The possibility of arbitration procedures regarding employment law disputes is therefore limited, since the Federal Supreme Court decided that an employee cannot “freely dispose of” all mandatory provisions enumerated in the Code of Obligations. This discrepancy is the main focus of this essay and will be explored in detail.