Electronic evidence in the field of labor dispute resolution: challenges of law en-forcement and problems of legal science
In: Gosudarstvo i pravo, Heft 8, S. 43
6 Ergebnisse
Sortierung:
In: Gosudarstvo i pravo, Heft 8, S. 43
In: Meždunarodnoe pravosudie, Band 32, Heft 4, S. 87-102
The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators' legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator's legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of 'semi-formal' alternative (extrajudicial) methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator's neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing parties. The present article aims to consider the possibilities and limitations on a mediator's ability to provide particular types of legal assistance where the guarantee of non-discrimination between disputing parties' interests is presupposed.
BASE
In: Public Administration, Band 24, Heft 5, S. 59-64
The article reviews the World Expo 2020, which opened in October 2021 in Dubai (UAE) and became the largest exhibition in its 150-year history, in the context of reconsidering the particularities of public administration in modern conditions. The Expo 2020 aims to set priorities for the development of states, considering global trends and the national identity of each country. The essencial aspects presented in the states' pavilions, representing national development priorities, are supplemented by non-standard architectural solutions, making it possible to experience the space differently and understand the features of "smart" buildings. The significance of the World Expo is also expressed by the opportunity to realize the role and functions of each particular state in achieving priority development goals. By setting ambitious goals and new tasks, Expo 2020 predetermines further systemic activities and defines the direction of public administration in the new realities to create a sustainable and prosperous future. Upon completion, the World Expo will become an ecosystem of innovation, another example of ongoing development, the capitalization of resources, and a significant increase in the project's economic efficiency.
In: Socialʹno-političeskie nauki: mežvuzovskij naučnyj recenziruemyj žurnal, Band 10, Heft 4, S. 44-52
The territorial image is formed both purposefully by the subjects of image-making, and spontaneously-based on the influence of information content published in various media. The purpose of the research is to analyze the image of the Republic of Mordovia in the information space of the Volga Federal district. The image of the territory formed by external target audiences by means of news materials is studied using the method of case study and content analysis of publications: "Volga news", "Federal Press" news of the PFD, "Pravda PFD". The authors conclude that modern reality is perceived through the prism of the information field created by mass media. The media creates images filled with certain data, facts, colored by emotions, on the basis of which representations, opinions, judgments, and assessments are subsequently formed. The media play a significant role in shaping the territorial image, especially for external target audiences who are not familiar with the region and do not have their own assessment knowledge and experience. Most of the information content about the Republic in the studied media is related to the main thematic blocks: politics, economy, social sphere, culture (art, sports). Moreover, if in the publications "Volga news" and "Pravda PFD" mention of the region prevails in the economic block, then in the publications "Federal Press" and "Nezavisimaya Gazeta" - in the political one. The Volga news publication significantly dominates the rest in terms of the number of publications about Mordovia. The content of publications is mostly positive and neutral related to the issues of economic development of the territory and the preparation and holding of the world football championship. Pravda PFD mentions the Republic in the context of news from neighboring territories, most of the publications date back to 2018, but here the context is related to the Republic's positions among the regions of the PFD in various ratings. The publication "Federal-Press" forms a generally reflective image of the territory, focusing on the negative aspects of regional life. "Nezavisimaya Gazeta", giving priority to political news, maintains a neutral and reflective context of publications, paying attention to the key problems of the territory. Thus, the desired image of the region is counter-dictated to the image broadcast by the media through various information channels, so it is necessary to constantly monitor the information space and timely correction of the broadcast materials.
In: Russian Law Journal, Vol. II (2014). Issue 2
SSRN