Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective

10.12737/5250 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 61-67
Author(s):  
Адам Зенкевич ◽  
Adam Zygmunt Zienkiewicz
Keyword(s):  
Detailed Analysis ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Point Of View ◽  
The Other ◽  
Legal Perspective ◽  
The Russian Federation

The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

Assessment of the state and level of development of public-private partnership projects in the subjects of the Russian Federation

2018 ◽  
pp. 131-141 ◽  
Author(s):  
A. N. Savrukov ◽  
N. T. Savrukov ◽  
E. A. Kozlovskaya
Keyword(s):  
Detailed Analysis ◽  
Russian Federation ◽  
Significant Proportion ◽  
Transport Sector ◽  
Private Partnership ◽  
Current State ◽  
Central Regions ◽  
The Russian Federation ◽  
Project Data ◽  
Municipal Level

The article analyzes the current state and level of development of publicprivate partnership (PPP) projects in the subjects of the Russian Federation. The authors conclude that a significant proportion of projects is implemented on a concession basis at the municipal level in the communal sphere. A detailed analysis of the project data showed that the structure of the projects is deformed in favor of the central regions of the Russian Federation, and a significant share in the total amount of financing falls on the transport sector. At the stage of assessing the level of development by the subjects of the Russian Federation, criteria were proposed, and index and integral indicators were used, which ensured comparability of the estimates obtained. At the end of the analysis, the regions were ranked and clustered according to the level of PPP development, which allowed to reveal the number and structure of leaders and outsiders.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

THE PRINCIPLES AND ACTIVITIES OF THE NATIONAL SCIENTIFIC DEVELOPMENT STRATEGY IN THE ARCTIC ZONE OF THE RUSSIAN FEDERATION

2017 ◽  
Author(s):  
Mikhail Bubynin ◽  
Mikhail Bubynin ◽  
Valery Abramov ◽  
Valery Abramov ◽  
Gennady Zabolotnikov ◽  
...  
Keyword(s):  
Development Strategy ◽  
Russian Federation ◽  
National Policy ◽  
Scientific Research ◽  
Point Of View ◽  
The Arctic ◽  
Scientific Development ◽  
Federal State ◽  
Arctic Zone ◽  
The Russian Federation

The paper considers the priorities of the state policy of the Russian Federation in the Arctic, from the point of view of the development of scientific research, identified by the main strategic documents of national policy and security in the Arctic zone of the Russian Federation. Measures for implementation of priorities in the development of scientific research in the Arctic can be divided into three main sections: 1. Scientific projects and expeditions in the Arctic; 2. International activities; 3. Coordination and implementation of integrated research in the Arctic. Note that currently the Ministry of education and science of the Russian Federation develops the Analytical Coordination Program “Comprehensive research of the Arctic and Antarctic”, in cooperation with the federal state bodies and Governance of the Subjects of the Arctic zone of the Russian Federation. The mechanism of the Program will ensure coordination between state bodies for integrated scientific researches in the Arctic in the interests of economic and scientific development of the region, and the creation of the scientific, technical and technological reserve in order to ensure of national security in the Arctic zone of the Russian Federation.

Network Analysis of the Integration Level of the Universities Participating in Project 5-100 in the International Higher Education Area

2019 ◽  
Vol 28 (11) ◽  
pp. 155-167
Author(s):  
P. A. Zhdanov ◽  
N. A. Polikhina ◽  
E. Yu. Sema ◽  
L. V. Kazimirchik ◽  
I. B. Trostyanskaya ◽  
...  
Keyword(s):  
Higher Education ◽  
Network Analysis ◽  
International Education ◽  
Russian Federation ◽  
Education System ◽  
Point Of View ◽  
International Higher Education ◽  
Scientometric Analysis ◽  
Higher Education System ◽  
The Russian Federation

The paper analyzes measures adopted by the Russian Federation on internationalization and globalization of the higher education system, its integration into the international scientific and education area. One of the initiatives of the authorities of the Russian Federation in this direction is Project 5-100, designed to increase the competitiveness of both a selected group of universities and the Russian higher education system as a whole. Among the successful practices of Project 5-100, one can identify the presentation of a single stand of participating universities at the international education exhibitions APAIE, EAIE, NAFSA. Within this study, we explore the cooperation of the universities participating in Project 5-100 with potential international partners at global educational exhibitions by means of network analysis with graphs. The effectiveness of such cooperation from the point of view of integration of the universities from this group into the international higher education area is determined through estimations of the usefulness of participation in such events made by the universities and through scientometric analysis. As a result of this study, it was revealed that active participation in international educational exhibitions including negotiating, establishing contacts with international partners, contributes significantly to the promotion of the universities participating in Project 5-100 in the international arena.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

SYNERGY OF MULTIDISCIPLINARY APPROACHES FOR THE EFFECTIVE IMPLEMENTATION OF THE VERIFICATION PROCESS ILLEGALLY HARVESTED WOOD

2020 ◽  
Vol 16 (06) ◽  
pp. 57-64
Author(s):  
MARINA BULGAKOVA ◽  
Keyword(s):  
Synergistic Effect ◽  
Russian Federation ◽  
Point Of View ◽  
Forensic Identification ◽  
Illegal Logging ◽  
Criminal Proceedings ◽  
Environmental Orientation ◽  
Verification Methods ◽  
The Russian Federation ◽  
Material Evidence

Modern technologies, digitalization and the formation of a new stage of industrialization, called «industrialization 4.0» in the absence of achieving the final goals of the previous stages of transformation, testify to the rapid and multidirectional flow of transformations in society. Despite the desire to unite a tremendous amount of information, each science, discipline, industry, production, etc., is changing based on an individual vector of development, remaining within the framework of digitalization mechanisms recommended by law. This generally does not contribute to the formation of a synergistic effect in certain activities. In this article, the author considers the possibilities of interdisciplinary methods to counter illegal logging through synergy of wood verification methods. The analysis of illegal logging from the point of view of violation of the rights of the Russian Federation, as the owner of the resource, and wood, as material evidence, the storage of which is impossible in a criminal case, together with the results of surveys, allowed the researcher to form and graphically present a mechanism for the implementation of material evidence (wood), identify problematic issues and propose possible ways to resolve them with an emphasis on reducing procedural costs and developing criminal proceedings. The author's definition of the term «wood verification» is proposed, the classification of methods (dendrochronological, forensic identification (including tracological, botanical, forest-pathological, forestry), visual, odorological, stable isotopes, genetic), as well as their characterization. The study concludes with a conclusion on the advisability of transforming the approaches used by some units of the internal affairs bodies of the Russian Federation in order to achieve a synergistic effect in the process of verifying illegally harvested wood and countering criminal encroachments of an environmental orientation.

scholarly journals On the issue of the modern system of tax law

2020 ◽  
Author(s):  
G.F. Cel'niker ◽  
N.A. Fityunina ◽  
S.A. Zvyaginceva
Keyword(s):  
Russian Federation ◽  
Derived Category ◽  
The Other ◽  
Tax Law ◽  
Law System ◽  
Separate Branch ◽  
Modern System ◽  
The Russian Federation ◽  
The One ◽  
Functional Purpose

The article reveals the features of the tax law system, which is considered, on the one hand, as an Autonomous, separate branch of law in the system of branches of law of the Russian Federation, and on the other, as a derived category from the norms that determine financial law and, thus, are a sub-branch by their functional purpose. The criteria on the basis of which it seems appropriate to allocate institutions in the tax law system are highlighted. The General and special parts of tax law are characterized through the prism of their Conditioned norms.

scholarly journals Examination of the passport of the national program “Digital economy of the Russian Federation” on the checklist of social system engineering

2020 ◽  
Vol 4 (2) ◽  
pp. 8-20
Author(s):  
Natalia M. Lavrenyuk ◽  
Anyuta S. Tikhonova
Keyword(s):  
Russian Federation ◽  
Social System ◽  
Social Engineering ◽  
System Engineering ◽  
Digital Economy ◽  
Point Of View ◽  
National Program ◽  
Social Design ◽  
The Russian Federation ◽  
State Programs

Digitalization of society and public life is an objective fact and a challenge for Russia, which is rich in resources and risks. The article provides an assessment of the passport of the national program “Digital economy of the Russian Federation”, which is among the 12 national projects on 12 areas of strategic development, established by the decree of the President of the Russian Federation from 7 May 2018 No. 204 “On the national goals and strategic objectives development of the Russian Federation for the period up to 2024” and contributes to the solution of problems in the field of “Digital economy”. This fact already raises a number of topical questions: “Why is the program included in the list of projects?”, “Why will the national program on the digital economy be implemented within the framework of state programs of the Russian Federation: ‘Information society’ and ‘Economic development and innovative economy’?”, “How much does it contribute to the preservation and development of an integral Russia?”. The authors set a goal — using structural and functional diagnostics to give an expert opinion on the prospects for achieving qualitative and quantitative targets of the national program “Digital economy of the RF” and their value. The methodological key for the examination is the modification of the checklist for system social engineering. The introductory part of the work is devoted to the relationship between the categories of integrity and value, social system engineering, which are important for building the desired social reality, as well as an overview of approaches to social design, its goals and purpose. The main part of the work analyzes the passport of the national program “Digital economy of the RF” from the point of view of its structure, the function of their implementation at the level of state administration, and it also considers the coverage of federal and regional programs and projects of elements of the digital economy in terms of the completeness of significant tasks to be solved. In conclusion, a summary is given in the form of responses to the social engineering checklist: “Are we building a whole?”, “Are we building a valuable entity?” and “Are we building a valuable entity correctly?”.

scholarly journals The Legal Fundamentals for the Prevention of Capital Outflow from the Russian Federation

Legal Concept ◽  
2019 ◽  
pp. 84-89
Author(s):  
Elena Ryabova ◽  
Alina Nikolaeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Academic Community ◽  
Point Of View ◽  
Capital Outflow ◽  
Tax Legislation ◽  
Domestic Capital ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Fundamental Categories

Introduction: the identification and analysis of the causes and factors, including the gaps in the legislation, generating an increase in the capital outflow, as well as the improvement of the currency, investment and tax legislation are relevant and important issues. Purpose: to study the problems of the legal regulation to prevent the outflow of capital from the Russian Federation. Methods: the fundamental categories and principles of materialistic dialectics, the generally accepted methods of comparative law became the methodological framework for solving the tasks. As part of the study of the legal foundation to prevent the outflow of domestic capital abroad, the authors also used the methods of analysis and synthesis, functional and systematic approaches, and the formal legal and statistical methods. Results: grounded in the paper the author’s point of view is based on the study of the international conventions, treaties and agreements to which Russia is a party, and the domestic legal acts regulating relations in the field of preventing the outflow of domestic capital abroad, as well as the opinion of the competent academic community. Conclusions: the study identified the characteristic features of the process of capital outflow from Russia and developed a list of recommendations aimed at improving the measures of the state legal regulation in the field of combating the outflow of capital abroad.

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