scholarly journals Training of legal specialists in the context of development of collective forms of judicial remedy

2020 ◽  
Vol 48 (6) ◽  
pp. 136-153
Author(s):  
Vladimir V. Yarkov ◽  
◽  
Vladimir V. Dolganichev ◽  

Introduction. One of the collective forms of judicial remedy is a class action. The institution of a class action is a new one for the Russian legal system. Nevertheless, in foreign jurisdictions it has proven as an effective remedy for large groups of persons, providing a higher level of access to judicial protection. At the moment, this institute is only just beginning to develop and being actively used. In this connection, not only issues of scientific understanding of this institute are becoming relevant, but also training of lawyers, including those specializing in the protection of collective interests. Materials and methods. The research methodology consists of general scientific research methods: analysis and synthesis; special methods, including special legal ones: formal legal and comparative legal. Results of the research and their discussion. The paper consists of two large parts. The first part examines issues related to the analysis of existing collective forms of judicial remedy, including in particular joinder of the parties, protection of an indeterminate number of persons, insolvency (bankruptcy), derivative actions, class actions. Particular emphasis is given to the research of the institute of class actions. It is analyzed in terms of access to judicial protection and its significance for the Russian legal system. Based on the conducted analysis, it is concluded that it is necessary to train lawyers specializing in class actions among other issues. Accordingly, issues of teaching of relevant disciplines and parts of courses devoted to the use of class action tools are examined in the second part of the paper. In particular, this part of the paper is devoted to the issues of teaching methods including traditional and modern methodologies and information technology. Conclusions. Based on the results of the research and their discussion, the authors come to a conclusion that a class action occupies a very important place in the system of collective judicial remedies. This fact determines not only perspectivity of scientific research in this area, but also training of relevant specialists in the field of protection of rights and legal interests of numerous groups of persons.

2020 ◽  
Author(s):  
Daniel Blagojevic

The dissertation examines how collective legal redress in the German capital market law must be structured in order to ensure the effective enforcement of the law by capital market investors. The dissertation analyses the provisions of the German Code of Civil Procedure (ZPO) and specific forms of collective action (group action (Verbandsklage), representative action (Musterklage) and class action (Gruppenklage)). Against the background of the German Constitution and relevant EU law, the author not only discusses various types of class actions both in Germany and certain foreign jurisdictions, but also presents his own effective model for class actions under the German legal system.


Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Rodionova

The relevance of research topic is due to the eternal discussion around the concept of justice in many areas: philosophy, politics, morality, law. The latter is considered by us in the context of land law as one of the central branches of the legal system of Russia. We consider the latter in the context of land law as one of the central branches of Russian legal system. The choice of the subject is explained by the fact that the land as a valuable resource has always been the basis of the life of the Russian people – people who lived centuries ago even deified it, called it the mother of all living things, performed rituals of veneration of the land. The methodological basis of research is analysis and synthesis, with the help of which we manage to study and briefly describe the most important events, treatises, regulations, historical periods associated with the development of the concept of justice in legal thought, the justice principle in Russian land law; a historical method that allowed us to trace the evolution in time and space of the subject under study. During the study of the topic, special attention is paid to the relation of the development of the concept of “justice” in land law from the moment of the formation of Russia as a state to the present day. Having studied the presented subject, we briefly describe the ways of taking root in the Russian land legislation of the category “justice”.


2015 ◽  
Vol 4 (2) ◽  
pp. 143
Author(s):  
Hasnidar '

This study aims to improve speaking skills of children aged 5-6 through methods Story Reading in TK Melati/ ABA 005 Pulau Balai. The method used is a Class Action Research. Class actions that researchers do the research is to use the method Story Reading to improve speaking skills of children aged 5-6 years in TK Melati TK Melati/ ABA 005 Pulau Balai, and is observed by the observer. Samples taken are TK Melati/ ABA 005 Pulau Balai with the number of children of 20 people, consisting of 13 men and 7 women. Data collection techniques in this research is through observation of teachers and children as well as data capability speaking children aged 5-6 years with use of methods Story Reading. Hipotesis in this study is if the method will be applicable Story Reading can improve speaking skills of children aged 5-6 years in TK Melati/ ABA Pulau Balai 005 can be enhanced through storytelling. Results of the research data obtained by using the method Story Reading can improve the ability to speak of children aged 5-6 years in TK Melati / ABA 005 Pulau Balai. The percentage increase in the ability to speak the child at the age of 5-6 years using Story Reading methods in TK Melati/ ABA 005 Pulau Balai, from initial data to the second cycle increased by 32.2%. The implication of this study is the use of methods Story Reading used properly, can improve speaking skills of children aged 5-6 years in TK Melati/ ABA 005 Pulau BalaiKeywords: story reading, speech


2021 ◽  
Author(s):  
Sarah Langstädtler

This treatise examines and compares the remedy in the Federal Highway Act (FStrG), Grid Expansion Acceleration Act (NABEG) as well as in the Determination of a Final Nuclear Disposal Site Act (StandAG) in terms of ensuring an effective remedy to enforce environmental law. Particularly the concentrated remedy in the NABEG proves to be conflictual. There are reasonable doubts whether it guarantees a sufficiently effective judicial protection concerning the enforcement of environmental law. This leads to questions regarding its compatibility with international law (especially the Arhus Convention) and European Union law.


Author(s):  
Antonina Diachenko ◽  
Yilia Palamarchuk ◽  
Mykola Maievsky ◽  
Serhii Ilchenko ◽  
Eduard Syvokhop ◽  
...  

According to the Results of monitoring of Internet resources, analysis of Scientific-Methodical, Special and reference literature, members of the Research Group established, that the issue of implementation (determination of effectiveness) of Modern Scientific tools, as well as Technical means of Training that provide a System of long-term training of athletes specializing in Martial Arts – is devoted to an insufficient number of Scientific and Methodological works. This requires Further Scientific Research and emphasizes the relevance and Practical component of the chosen area of Research. The main Purpose of Scientific Research is to determine the effectiveness of modern Scientific tools ("VKS Katsumoto" and "Visual 3D") in the System of long-term training of wrestlers (on the example of athletes who specialize in Sambo wrestling). In the process of Research and Analytical work, the following Research methods were used: abstraction, Analysis and Synthesis, induction and deduction, modeling, mathematical and statistical, etc. As a Result of Empirical Research, the effectiveness of modern Scientific tools has been determined "VKS Katsumoto" and "Visual 3D" in the System of long-term training of athletes specializing in Sambo (Sports and Combat direction). Prospects for Further Scientific Research in the chosen direction of Research include a comparative analysis of the performance of Ukrainian sambo wrestlers at the 2021 World Cup using modern Scientific tools (Technical Teaching Aids).


ANCIENT LAND ◽  
2020 ◽  
Vol 01 (02) ◽  
pp. 4-7
Author(s):  
Şirin Teymur qızı Bünyadova ◽  

The presented article is devoted to the ethnographic study of the crafts reflected in Azerbaijani proverbs. One of the steps taken in the direction of comprehensive research of ethnographic science is the involvement of examples of oral folk art in scientific research. The proverbs that are part of them are important as an auxiliary source. Thus, from the proverbs it is possible to get some information about the historically formed fields of art as an ethnographically necessary issue. According to the proverbs of the Azerbaijani people, it is possible to determine what arts the population is traditionally engaged in on the basis of supporting materials and comparative analysis. According to Azerbaijani proverbs, master apprentice relations, blacksmithing, armaments, jewelry, blacksmithing, tailoring, hat-making, dyeing, tanning, embroidery, weaving, carpet weaving, weaving, carpentry were confirmed in our country and their important place in the life of the population. Key words: Azerbaijan, proverbs, craft, sector


This book provides a comprehensive guide to all aspects of competition litigation in the UK. It covers both practice and procedure in the UK courts as well as in the Competition Appeal Tribunal. All aspects of case work are covered, from commencement of proceedings, group litigation, jurisdiction, applicable law, evidence, remedies, costs, and arbitration to criminal proceedings, giving competition lawyers a full analysis of the litigation process. There are also new chapters dedicated to the practice and procedure in Scotland and Northern Ireland.Fully updated in its second edition, coverage reflects important amendments to the Competition Act 1998; for example, the introduction of rules for class actions in the Competition Appeal Tribunal. As a result of the implementation of the Damages Directive, Directive 2014/204, new rules have been introduced for disclosure and joint and several liability. The book also covers the new cartel offence, which no longer has the mens rea of dishonesty.The new edition covers a range of important new cases: to name but a few, Sainsbury’s v MasterCard on the pass-on defence; Dorothy Gibson and Walter Merricks on opt-out class action; Cooper Tire and Toshiba Carrier on anchor defendants; and Deutsche Bahn on applicable law.


Author(s):  
Taras Bocharov ◽  
Petr Kozorezenko

The article examines the origin and development of Russian graphic landscape art, performed in the technique of engraving on linoleum. It covers the period from the early 20th century, the moment the first masters of this direction of graphic art appeared in Russia, until the late 1960s when linocut, the landscape, in particular, reached its prime and acquired its completely individual, unlike any other graphic technique, characteristic. The authors analyze the linocut landscapes of notable artists of the period described starting with the founder, N.Sheverdyaev, and the leading propagandist of linocut in Russia, I.Pavlov. The article describes the distinctive features of engraving and making prints by famous artists of the 20th century, graphic artists, and not only. This is M.Dobuzhinsky, B.Kustodiev, V.Falileev, K.Kostenko, N.Piskarev, later I.Sokolov, P.Staronosov, and many other not so famous artists. The Soviet period is represented by A.Kravchenko, M.Matorin, I.Sokolov, S.Yudovin, and, of course, A.Zyryanov, one of the well-known printers of the 1960s. The linocut technique is well established in almost all types of landscape. These were industrial, agitational works, glorifying the work of Soviet people, colorful sheets, and lyrical, delicate, and poetic works. The architectural and rural landscape occupied an important place in the work of the letterpress masters: in the urban landscape, of course, the images of the two capitals prevailed, which is not surprising since most of the artists studied and worked in Moscow and Leningrad. The authors of the article drew attention to the creative work of N.Lapshin, F.Smirnov, N.Novoselskaya, A.Smirnov, and others. In the article, the authors try to show how versatile and complex the linocut technique, especially colored, is. The authors want to show that the art of engraving on linoleum helped to view the landscape genre in graphics differently and, possibly, influenced the development of the landscape in other types of prints and painting. The authors are trying to prove that linoleum engraving rightfully takes an equal position with woodcut and etching. The works of masters working in this technique are exhibited in all museums in the country.


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