27 система арбитражных судов в российской федерации
Statistics Abstract Since the ancient times, arbitration has been considered as an institution of peace and justice. Rene David noted that the essence of arbitration was not to maintain the rule of law, but to ensure harmony between people. Arbitration is a society-oriented institution of dispute resolution. However, the history of this institution shows that the legal regulation of its activities always depended on the state.
Дорогие читатели! Наши статьи рассказывают о типовых способах решения юридических вопросов, но каждый случай носит уникальный характер.
Если вы хотите узнать, как решить именно Вашу проблему - обращайтесь в форму онлайн-консультанта справа или звоните по телефонам, представленным на сайте. Это быстро и бесплатно!
INVITATION FOR PUBLICATION IN THE JOURNAL “COMPARATIVE CONSTITUTIONAL REVIEW”ВИДЕО ПО ТЕМЕ: Чем отличаются суды общей юрисдикции и арбитражные суды
Statistics Abstract Since the ancient times, arbitration has been considered as an institution of peace and justice. Rene David noted that the essence of arbitration was not to maintain the rule of law, but to ensure harmony between people. Arbitration is a society-oriented institution of dispute resolution.
However, the history of this institution shows that the legal regulation of its activities always depended on the state. Currently, there is no generally accepted definition of arbitration, although some legal acts both international and national nature reflect attempts to give a legal notion of this institution.
At the doctrinal level, there are four established approaches to arbitration: The author of this article examines the legal nature of arbitration in a historical aspect, starting with the countries of the Ancient World and Medieval Europe.
An attempt has been made to compare the history, legislative, organizational and legal bases of arbitration in Russia and Switzerland. Despite the differences in the traditions of arbitral tribunals in these countries, this comparison is quite correct for the author. In Switzerland, arbitration the arbitral tribunal has a fairly long history, and the legislative regulation of its activities is devoid of internal contradictions.
In addition, the Swiss legislator promptly makes changes in regulatory legal acts to provide more favorable conditions for arbitration proceedings to the disputing parties in order to attract to Switzerland commercial organizations seeking to resolve their conflicts in this country. Since some changes in the law on arbitration have come into force in Switzerland, and new Rules of arbitration have been adopted by the Swiss Chambers of Commerce.
In contrast to Switzerland, in Russia the first legal acts in the field of private commercial arbitration were enacted only after The Russian legal concept of commercial disputes resolution today partially reflects the concept of Soviet arbitration, where it means state arbitration.
In the Russian Federation till now, there are arbitration state courts. However, the subject of this study will be a different arbitration, the creation of which is provided by Federal Law No.
In accordance with this law, the term "arbitration" may have at least two meanings. This term, on the one hand, refers to a procedure or method of dispute resolution, on the other - an authority or institution that resolves a dispute and makes a decision on it.
The new law on arbitration provides definitions of arbitration, arbitral tribunal and arbitration institution, but at the same time contains many contradictions with the current legislation. The author makes a well-founded conclusion that arbitration is a private legal method of dispute resolution, whose decision is mandatory for the parties that apply to it, and by regulating its activities, the Russian legislator is trying to create a favorable environment for the resolution of such disputes.
At the same time, the Federal law of December 29, provides for the dependence of arbitration arbitral tribunal on the state. Keywords arbitration , arbitral tribunal , state arbitration , Judicial system , arbitration court , arbitration institution , legal regulation , legal nature.
Introduction to Arbitration — Swiss and International Perspectives. Helbing und Lichtenhahn Publ. Arbitration in International Trade. Kluwer Law and Taxation Publishers. The Hague, Boston, London: O novoj procedure sozdanija arbitrazhnogo uchrezhdenija vstupitel'naja stat'ja k obzoru [On the New Procedure for Creating an Arbitration Institution Introductory Article to the Review ].
Pravoprimenenie [Law Enforcement], 1 2 , pp. Reforma pravovyh osnov dejatel'nosti mezhdunarodnogo kommercheskogo arbitrazha v Rossijskoj Federacii: Zhurnal Vysshej shkoly jekonomiki [Law. Journal of Higher School of Economics], 3 , pp.
Mezhdunarodnyj kommercheskij arbitrazh [International Commercial Arbitration]. Law and Practice in Switzerland. Ekonomicheskoe pravosudie v Rossii: Juridicheskij jenciklopedicheskij slovar' [Legal Encyclopedic Dictionary]. Bol'shaja Rossijskaja Jenciklopedija Publ. Applicable Law in International Commercial Arbitration: Swiss Chambers' Court of Arbitration and Mediation.
Zakonodatel'noe regulirovanie mezhdunarodnyh kommercheskih arbitrazhej Shvejcarii. Vestnik Rossijskogo universiteta druzhby narodov.
Juridicheskie nauki, 1 , pp. Aktual'nye problemy tretejskogo proizvodstva [Current Issues of Arbitration]. Domestic Law and Private International Law].
Tretejskoe razbiratel'stvo v Rossijskoj Federacii: Rossijskaja juridicheskaja jenciklopedija [Russian Law Encyclopedia].
The authors deal with the legal concepts of novation, so-called "open offer" and assignment, which are commonly used in international practice. Taking into consideration some Russian legal peculiarities and comparative law experience, the authors come to the conclusion that the concept of assignment is best suited to the Russian legal framework. Table of Contents Introduction 1. Succession Construction as the Model of Transfer of an Over-the-Counter Transaction to the Central Counterparty Introduction One of the main problems of the legal regime governing derivative transactions is the mechanism for their performance.
Independent Security Rights under Russian Legislation
The paper examines the institute of minimum wage in developed and transition economies and in a number of the developing countries. First of all the institutional mechanism of minimum wage fixing is considered. One of the sections explores the dynamics of absolute and relative levels of minimum wage. The special attention is paid to the impact of the institute of minimum wage on the labour market. The author considers the mechanism of transmission of the minimum wage increases on the employment and unemployment dynamics. The paper also contains the result of the empirical research. The experience of many countries witnesses that large increases in minimum wage levels lead to the stagnation of the employ-ment, especially of the disadvantaged groups.
The article tackles the role of judicial practice in developing Russian law, pro and con of judicial precedent. According to the author,it is important that all higher courts take into consideration resembling principles of influence of their legal position on social relations, i. The article describes and analyzes the legislative politics of revolutionary regimes in Russia in The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of legitimacy, i. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law.
Transliteration rules Requirements for copyright materials Only previously unpublished original materials — scientific, practical or review articles, and book reviews and articles relevant to the topic of the journal may be accepted for publication. The basic requirements for the content of copyright material are: Name in Russian and English must accurately and clearly reflect the content of the author's material, it is preferable to be catchy and memorable. When writing an abstract, avoid using abbreviations and acronyms. It is unpreferable to use an Internet services that perform automatic translation. Key words in Russian and English are selected from the main text of the manuscript no more than 8 words in the nominative case or short phrases and made as a separate line after the abstract. Key words and phrases are separated by semicolons. The editorial board reserves the right to retreate from this requirements. The structure of the work needs to be multilevel.
Introduction Russian legislator places great emphasis on the development of security instruments. The primary trend for a legal regulation involves gradual rejection of the strong link between the underlying and security obligations the process of weakening of accessority. This process is accompanied by using of non-accessory independent security rights in the economic turnover. Is accessority the essential feature of security instruments?