Revista Brasileira de Alternative Dispute Resolution最新文献_第2页

Pre-trial procedures in disputes on the protection of intellectual rights 知识产权保护争议的预审程序

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art16.ru

R. Sitdikov

{"title":"Pre-trial procedures in disputes on the protection of intellectual rights","authors":"R. Sitdikov","doi":"10.52028/rbadr.v6.i11.art16.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art16.ru","url":null,"abstract":"Pre-trial conflict resolution procedures do not cease to be in demand, and the development of their legal regulation does not lose its relevance. Disputes on protecting intellectual rights are no exception, and most countries have established special pre-trial procedures. However, specific difficulties emerge when applying the legal norms related to pre-trial conflict resolution procedures in disputes on the protection of intellectual rights, which can be clearly demonstrated while studying the Russian experience using the mentioned pre-trial procedures. The paper aims to analyze and define the peculiarities of pre-trial procedures in disputes on protecting intellectual rights in Russia. Using systemic approach, as well as comparative legal and formal legal analysis allowed author to define the peculiarities of pre-trial procedures in disputes on the protection of intellectual rights in the Russian Federation: special requirement on the mandatory pre-trial claim procedure is a departure from the general approach, according to which such procedure is required for disputes arising from transactions or unjust enrichment, and is probably due to the complexity of these disputes; in the administrative pre-trial procedure of dispute examination in the Chamber of Patent Disputes the parties have a wide enough set of procedural rights and opportunities, and the procedure is quite close to the judicial procedure, and in some respects even exceeds it.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"70 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141234621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Digital opportunities for promotion of multi-door Courthouse concept 推广多门法院概念的数字机遇

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art05.ru

Damir Khamitovich Valeev, Anas Gaptraufovich Nuriev

{"title":"Digital opportunities for promotion of multi-door Courthouse concept","authors":"Damir Khamitovich Valeev, Anas Gaptraufovich Nuriev","doi":"10.52028/rbadr.v6.i11.art05.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art05.ru","url":null,"abstract":"The article presents the prospects and new horizons of realization of a multi-door courthouse concept concerning modern digitalization processes. The legal system of contemporary Russia, deprived of several ideological institutions of the Soviet-era past, faced the same problem, which was relevant for the U.S.A. when creating the multi-door courthouse concept. The procedural legislation in force up to October 2019, which provided the possibility of non-judicial forms of protection of rights since the codification of 2002, proved ineffective in creating a worthy alternative to the state judicial procedure for protecting rights. Ground has been established to introduce the multi-door courthouse concept into Russian realities in a new way: a digital multi-door courthouse. This paper analyzes the modern approach to a “multi-door courthouse” in the Russian Federation, addressing its evolution, current issues and future perspectives. To achieve the paper’s aim, the authors used comparative legal analysis to show the development of the concept in different countries and a systemic approach to study the implementation of a “multi-door courthouse” in the Russian Federation.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"56 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141234768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The notarial mediation as an alternative way of resolving legal disputes in the Russian Federation 公证调解作为解决俄罗斯联邦法律纠纷的一种替代方式

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art14.ru

O. Kuznetsova, Tatyana Andropova

{"title":"The notarial mediation as an alternative way of resolving legal disputes in the Russian Federation","authors":"O. Kuznetsova, Tatyana Andropova","doi":"10.52028/rbadr.v6.i11.art14.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art14.ru","url":null,"abstract":"Mediation technologies are one of the alternative ways to resolve judicial disputes, and extrajudicial methods to resolve legal conflicts are a priority and promising direction. The mediation institute affects many aspects of social relations and is relevant in foreign legal orders and the Russian Federation. This paper aims to analyze the concept of notarial mediation as an alternative way of resolving legal disputes in the Russian Federation, define the issues related to its implementation, and further perspectives on its development. A set of methods was used to achieve the aim of the paper. Thus, the authors applied a systemic approach to study the implementation of the concept of “notarial mediation” in the Russian Federation. Also, comparative legal analysis was used to address the development of the concept of notarial mediation in different countries from a comparative perspective. The authors concluded that notarial mediation in the Russian Federation, one of the methods of out-of-court reconciliation, is becoming increasingly popular and in demand as an institution of dispute resolution with the help of a notary and a mediator (conciliator). Participation of a notary in the certification of the mediation agreement on the results of the mediation procedure guarantees the legality of the agreements reached and gives the mediation agreement executive force.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"57 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141232257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The conciliation of the parties to a dispute by a mediator (mediation) 调解员对争端各方进行调解（调停）

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art03.ru

A. Kuzbagarov

引用次数: 0

The development of arbitration proceedings in Russia 俄罗斯仲裁程序的发展

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art15.ru

Ramil Khasanshin

引用次数: 0

Family mediation: theoretical and legal aspect 家庭调解：理论和法律方面

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art18.ru

Yuliya Avdonina

{"title":"Family mediation: theoretical and legal aspect","authors":"Yuliya Avdonina","doi":"10.52028/rbadr.v6.i11.art18.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art18.ru","url":null,"abstract":"This article examines the significance of the use of family mediation in the resolution of family conflicts from the point of view of theoretical and legal aspects. The context of the work also touches upon the significant issues of mediation regulation at the legislative level concerning the rights and obligations of the participants of the process. The author analyzes the basic principles of family mediation and identifies the advantages of this approach over court proceedings in resolving family disputes. Special attention is paid to the mediator’s role and functions in the conflict resolution process. The article also examines the legislative framework regulating family mediators’ activities, status, rights, and obligations. The article’s main idea is that family mediation is an effective tool for resolving family conflicts, contributes to the safety of family relations and allows the parties to come to a mutually beneficial solution to the problem independently. The article argues in detail the positive sides of family mediation, substantiates the need for its application in modern society and identifies the need for further research in this area for a detailed understanding of all the pros and cons of the use of family mediation in contemporary society.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141231317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The development of the ideas of “electronic court” and “electronic mediation” in Russian and foreign law 俄罗斯法律和外国法律中 "电子法院 "和 "电子调解 "理念的发展

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art11.ru

Irina Vorontsova

引用次数: 0

The legal policy in fostering the use of alternative dispute resolution procedures 促进使用替代性争议解决程序的法律政策

Revista Brasileira de Alternative Dispute Resolution Pub Date : 2024-06-01 DOI: 10.52028/rbadr.v6.i11.art02.ru

A. Zakharkina

{"title":"The legal policy in fostering the use of alternative dispute resolution procedures","authors":"A. Zakharkina","doi":"10.52028/rbadr.v6.i11.art02.ru","DOIUrl":"https://doi.org/10.52028/rbadr.v6.i11.art02.ru","url":null,"abstract":"The complications of social relations contribute to the growth of the number of disputes that result from conflict situations. In these conditions, the role of the state’s legal policy, aimed at stimulating the participants of social relations to choose economical, efficient, and prompt methods of conflict resolution, is significantly increasing. Improving the quality of dispute resolution directly correlates with a drop in the number of cases pending before a judge. This is achievable only through the development of the mechanisms of pre-trial dispute resolution and conciliation procedures. This paper aims to study legal issues and perspectives on the development of alternative dispute resolution based on the analysis of the legal policy of the Russian Federation. To achieve the mentioned goal, comparative legal analysis, a systemic approach, and formal-juridical methods were used to show the current developments of the legal policy of the Russian Federation in the sphere of stimulating and incentivizing alternative dispute resolution. Authors concluded that, unlike the domestic legal order, in foreign states, there is not only a formed normative basis for the procedures of alternative dispute resolution but also political acts of stimulating tone, designed to actively involved in these procedures more and more participants of social relations in a state of conflict. It has been established that the legal policy on introducing alternative dispute resolution procedures in foreign legal orders is characterized by a shifted emphasis on family law.","PeriodicalId":473863,"journal":{"name":"Revista Brasileira de Alternative Dispute Resolution","volume":"30 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141235559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0