Individual Disputes Research Articles

Formation of a System of Judicial and Extrajudicial Administrative Disputes in Russia

The article is the result of a study of the development of the administrative dispute system in Russia, in particular, the allocation of judicial and extrajudicial administrative disputes. The constitutional provisions on the separation of branches of government create conditions for the independent existence of judicial and extrajudicial administrative disputes on the one hand and the emergence of links between these two types of disputes on the other. According to the authors, the system of resolving judicial and extrajudicial administrative disputes is anchored by the general principles of resolving such disputes. Goals and objectives of the study. The purpose of the work is to resolve the issue of the possibility of combining a judicial and an out-of-court dispute, namely, the consistent application of an out-of-court (pre-trial), and then a judicial form of legal protection. Methods. The study used systematic, logical, formal and legal methods. Results, brief conclusions. According to the results of the study, it was concluded that the systemic resolution of the issues raised is possible only with the adoption of two comprehensive legislative acts: on the resolution of judicial administrative disputes and on the resolution of extrajudicial administrative disputes. However, before the adoption of new legal norms, the coordinated application of universal and special administrative procedural principles will allow courts of general jurisdiction and arbitration courts to resolve individual disputes about the ratio of judicial and extrajudicial administrative disputes.

Custodians of contemporary pluralism? Acas' evolving role in addressing conflict during a time of economic and regulatory flux

AbstractThis paper charts the development of Acas over the last two decades as it responds to the changing context of British employment relations. While dispute resolution services have evolved to focus on individual disputes, Acas has remained true to its pluralist roots through its training and advisory services that continue to promote ‘good employment relations’.

The changing face of public dispute resolution in New Zealand

AbstractNew Zealand provides a unique comparative case with its well‐embedded, comprehensive and flexible public dispute resolution services. Changes from collective to individual disputes and a resulting rise in institutional caseload have occurred since 1990, culminating in increased public information, enforcement and dispute resolution efforts. However, debates exist about improving access to justice, reducing legalism and providing proactive conflict resolution.

On Certain Factors of Uniformity of Judicial Practice

The article presents a study of modern factors that influence the shaping of uniform judicial practice in various countries of the world. The system of ensuring legal certainty established in the Russian Federation is regarded as superior to the system of stare decisis, whose proponents not infrequently seek stability for the sake of stability. A conclusion is drawn that abstract interpretation, not tied to the particular circumstances of an individual dispute, not having a strictly obligatory nature, and issued by a collective body of the apex court leaves more room for judicial discretion and orientation on legal principles. Trends are discovered in the court structure and rules of court procedure in foreign countries, indicating the continuing competition between the two systems, as well as a search for their synthesis. An opinion is put forward that lowering judicial workload through cutting-edge technologies, including artificial intelligence, is one of the keys to increasing the quality of justice. In this regard, potential risks and benefits of introducing those technologies into court activities are considered. The example of Chinese courts is used to illustrate the danger of lending too much importance to the recommendations of AI algorithms; a suggestion is formulated to introduce a new function into the prospective “Justice Online” superservice. Particular attention is paid to such subjective factors as judicial workload and judicial well-being, their role for the work of the courts. Based on foreign research and a report presented by the UN Office on Drugs and Crime, a conclusion is made about the importance of maintaining the physical and psychological well-being of judges for ensuring the proper quality of court decisions. The importance of dialog and exchange of best practices in the sphere of judicial well-being is stressed, various problems arising as a result of turning a blind eye to this sphere are considered. In conclusion, the importance of studying the results of work of the top judicial body in ensuring uniform judicial practice is emphasized, as well as that of dissemination of information about the adopted legal standings among the general public.

‘Our courage has grown’: a grounded theory study of enablers and barriers to community action to address violence against women in urban India

Transforming communities into supportive environments for women facing risks of violence requires community members to play an active role in addressing violence against women (VAW). We did a grounded theory...

ACTUAL PROBLEMS OF DETERMINING THE JURISDICTION OF CONSUMER DISPUTES

The most urgent problems of determining the jurisdiction of disputes involving consumers are considered. Legal uncertainty is revealed regarding the possibility of considering individual disputes related to consumer rights protection in courts at the location of the plaintiff. The conclusion is substantiated that the established law enforcement practice has made quite an effective attempt to solve the indicated problem of applying the norms of the current civil procedural legislation on jurisdiction. At the same time, the author expresses his opinion that such an approach seems to be extremely limited, since it does not give a full answer to the question why the sphere of inland waterway transport becomes an exception to the general rule on alternative jurisdiction of disputes involving consumers-citizens. To solve the identified problem, a proposal has been formulated to amend the current civil procedure legislation, namely: to exclude Part 3 of Article 30 of the Civil Procedure Code of the Russian Federation. It seems that such an approach will fully establish necessary balance between the interests of the consumer and the transport operator, and will also be more consistent with the fundamental principles of consumer protection legislation. an undoubted advantage of such a novelty will be elimination of contradictions in judicial practice in these disputes.

The place of mediation in the system of alternative ways of resolving individual labor disputes

The article considers mediation as one of the alternative ways to resolve individual labor disputes, analyzes the views of scientists, current legislation in this area, on the basis of which certain conclusions are made. The importance of implementing mediation procedures in labor law was emphasized, as it will be an effective mechanism for reconciling the parties in labor law with minimal costs of financial, time and human resources. The advantages of introducing mediation among alternative ways of resolving labor disputes, which is quite developed in international practice today, are mentioned. Because mediation is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and used only by mutual consent of the parties to the dispute, the main purpose of which is different from other ways of resolving disputes - maximum autonomy, confidentiality and voluntariness. The conflict does not come from the mediator (or the judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, who determine what methods, deadlines, conditions for resolving the conflict will be reached and set out in the agreement of the parties to mediation. It is concluded that the adoption of the Law of Ukraine "On Mediation", amendments to a number of domestic codes, which provide for the possibility of using mediation in resolving a wide range of disputes, is a step in the right direction. At the same time, it was stated that there are no provisions on mediation in the current Labor Code of Ukraine. It is noted that its provision in the Draft is the right decision, as this alternative way of resolving the dispute will help relieve the courts of a significant number of cases arising from employment, will help resolve conflicts (disputes) over the protection of labor rights.

Alternative extrajudicial forms of worker's labour rights protection: challenges and prospects

The author considers extrajudicial forms of protection of the employee's labor rights, not provided for in Art. 352 of the Labor Code of the Russian Federation. Analyzing the title of the article and its content, the author concludes that the title of the article does not correspond to its content, and therefore a change in the title of the article is proposed. Analyzing such a form of protection of the employee's labor rights as direct negotiations with the employer, the author draws attention to gaps in the legislation regarding the timing of their implementation and the legal mechanism for fixing them, in this regard, proposals are made to supplement the Labor Code of the Russian Federation. As the main reason for the low number of referrals to mediation in individual labor disputes, the author identifies her compensation for the employee, and therefore proposes to exempt the employee from the costs of paying for the mediation procedure. The article also considers the prospects for using the “complex” as a form of protection of the employee's labor rights.

МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНИЙ СПОСІБ ВРЕГУЛЮВАННЯ ТРУДОВИХ СПОРІВ

The article is devoted to the study of mediation as a way of solving individual labor disputes. Mediation as an alternative out-of-court method of conflict resolution, which simultaneously serves as one of the ways to protect the labor rights of employees and employers, is still at the beginning of its development. The differences between the judicial process, the resolution of labor disputes in the commission on labor disputes and mediation are defined. Some advantages and disadvantages of the Law of Ukraine "On Mediation" are identified. It was found that the Law of Ukraine "On Mediation" explicitly states that the mediation procedure (dispute settlement with the participation of a mediator) excludes collective and is applicable only to individual labor disputes. It is noted that the principles enshrined in the Law of Ukraine "On Mediation" apply to all stages of mediation, and not only to the stage of preparation for mediation. The article also emphasizes that in the field of labor, labor disputes can also arise from these relations, which formally and legally do not belong to labor. Similar conflicts can also be resolved using the mediation procedure, but for this the Codex of Labor Laws of Ukraine must specify the subject of regulation. It is noted that it is possible to note the obvious benefits of mediation as a way of settling labor disagreements and disputes, but in the event that mediation will be marked in the laws as a mandatory stage in the resolution of individual labor disputes. Otherwise, the low role of mediators in the settlement of such disputes is guaranteed. It is proposed to legislate confirmation of mediation as a way of protecting the labor rights of employees and employers at the stage of concluding an individual employment contract by including in the content of the employment contract a clause on the possibility of resolving an individual dispute with the help of conciliation procedures, including in the form of mediation. It is proposed to add a provision to the Law of Ukraine "On Mediation", according to which the deadline for filing a lawsuit in court is suspended for the duration of the mediation procedure.

Эффективное осуществление права собственности и нормы гражданского законодательства

The author of the article examines the principle of effective implementation of the property right. The principle assumes rational behavior of the proprietor, reasonable and economic expediency of his or her actions and the effectiveness of the measures that he or she takes. Meanwhile the effectiveness is rather a qualitative that quantitative feature of the proprietor behavior. According to the author’s opinion, the grounds for the effective implementation of the property right have economic and ethical backgrounds. They influence legislative regulation of the property relations. The author refers to the doctrinal sources, legislation and court practice. He, therefore, concludes that the principle of effectiveness of the implementation of the property right is reflected in the legal system in general as well as in particular norms and institutes of civil legislation. The principle of effective implementation of the property right can influence the meaningful content of certain legal constructions (appearance and termination of the property right, implementation of this right). It can also influence on legally applied activity while solving individual disputes (on belonging of the property, on defining the size of the part of the property in property right).

Legal Protection for Land Right Holders in the Event of Multiple Certificates

Land is the object that is most easily affected by disputes, whether disputes between individuals, individual disputes with legal entities, disputes between legal entities, even disputes involving the government, so that legal arrangements related to the control / granting of land rights must be maximized to ensure the protection of holders of land rights. land rights. In Government Regulation Number 24 of 1997 concerning Land Registration and as the basis for implementing regulations, PMA / Head of BPN Number 3 of 1997 concerning Provisions for Implementing Government Regulation Number 24 of 1997 concerning Land Registration are used. The implementation of land registration at the Land Office has fulfilled the principle of security as a form of embodiment of guarantees of legal certainty for holders of land rights. The form of the principle of security exists, both at the time of the implementation of the land registration itself and when a certificate has been issued, with the issuance of a certificate, the security guarantee for land rights has been attached to the holder of the land rights. The system used in land registration uses a negative system with a positive tendency, which means that the application of positive elements is also included in the negative system, so that a certificate can become the strongest and fullest right. Strength of proof against Land Office product certificates that have complied with the provisions of Article 32 of Government Regulation Number 24 of 1997. In Indonesia, land rights certificates act as strong evidence as confirmed in Article 19 paragraph (2) letter c of the UUPA and Article 32 paragraph (1) Government Regulation Number 24 of 1997 concerning land registration, which has now been revoked and reaffirmed in Government Regulation Number 24 of 1997.

FƏRDİ ƏMƏK MÜBAHİSƏLƏRİNİN MƏHKƏMƏDƏN KƏNAR HƏLLİ QAYDASI

The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes

Non-Judicial Procedures of Protecting the Rights of Workers in Belarus, other EEU States and Lithuania*

The article explores non-judicial mechanisms for labor disputes in Belarus, other Eurasian Economic Union member states (Armenia, Kazakhstan Kyrgyzstan and Russia) and Lithuania in a comparative legal aspect. The author analyzes different procedures for the settlement of individual and collective labor disputes in these countries and puts forward a number of proposals to improve these procedures in the legislation.

Administrative mechanisms for resolving individual labour disputes in foreign countries

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

A legal analysis of labour dispute prevention and resolution under individual employment law in Zambia: Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018)

This case note is a legal review and analysis of Willard Mutoka v Chambeshi Water and Sewerage Company Limited, a Zambian case relating to a labour dispute under the individual employment law sphere. The authors/reviewers herein were retained as counsel for the respondent company in the matter in casu. Appreciating that Zambia has both individual and collective labour dispute prevention and resolution mechanisms, the authors/reviewers in consultation with all parties involved opted to pursue the alternative dispute resolution approach under the High Court for Zambia (Amendment) Rules, 1997 (Court-Annexed Mediation Order XXXI Rule 4), instead of litigation, resulting in the faster, cheaper and final settlement of the case in full satisfaction and accord of both parties as discussed hereinafter. Unlike arbitration awards which are conclusive and final, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding.

Extension of the time limits for employees to go to court in resolving individual labor disputes

Extension of the time limits for employees to go to court in resolving individual labor disputes

Promoting fair individual labour dispute resolution for South African educators accused of sexual misconduct (part 2)

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Lessons from Online Dispute Resolution for Dispute System Design

This chapter addresses a need to integrate two bodies of literature in the ADR field – that relating to ‘disputes system design’ (DSD) and that relating to ‘online dispute resolution’ (ODR). In the eight years that have passed since the first edition of this book was published, ODR has grown and the interconnections between the DSD and ODR fields have strengthened. Nevertheless, there is still significant room for enhanced integration. To date, technology in dispute resolution has been relegated to the ODR field, viewing it as a niche area relevant mostly to disputes that arose online or are substantively connected to technology. As we will show, the reach of new technologies is far more pervasive and holds a promise for transforming in a very deep sense some of the ADR field’s most deep-rooted assumptions in the area of DSD. Indeed, the stark distinctions between ADR and ODR on the one hand, and between formal litigation and alternatives on the other hand, are being blurred with online processes becoming a design choice across the entire dispute resolution landscape. While our main focus is on the lessons of ODR for the DSD field, we believe that the merging of ODR and DSD provides important insights for both the DSD field and the ODR field. In terms of DSD, technology has been challenging some of the field’s most basic assumptions, but has also generated new means for addressing and preventing disputes systematically. For ODR, the DSD perspective highlights the need to think of dispute resolution in a systematic way and emphasize the prevention of disputes, rather than concentrate on tools for addressing individual disputes on an ad hoc basis. In the sections that follow, we describe the rise of both ODR and DSD in recent decades, as well as the impact technology has had and can be expected to further have on the evolution of DSD in the future.

The Constitutional Review of the Clarity of Referenda Questions

The paper explores the requirement of clarity of referenda questions. More specifically, it revisits the critique levelled against its enforcement by (constitutional) courts. Some scholars argue that clarity cannot be specified through apolitical reasoning and that politically unaccountable judges do not have the legitimacy to narrow down its meaning. While the paper does not dispute the indeterminacy of clarity, it does suggest an alternative to the complete rejection of judicial review. Such a rejection assumes that all cases of judicial oversight of clarity are of the same type. A more nuanced perspective, developed in the paper, strives to find ways to differentiate cases where judicial oversight was conducted in a manner that facilitates democratic processes from those where the legal argument is deployed as an obstruction. This is impossible to do outside each individual case. Having this in mind, the paper shows how judicial review of clarity may be understood as a project of describing different democratic processes that may co-exist in a constitutional democracy. This allows the courts to apply clarity in a context-specific manner and enables a more nuanced political response. The framework developed in the paper can be used to investigate individual disputes over the clarity of referendum questions.

Possibilities of workplace mediation in the European Union

The world of labor market and industrial relations is a field where conflicts and disputes are inevitable characteristics of the operation, regardless of the form of employment. Also, labor disputes appear both from an individual aspect, where the disputants are the employer and the employee, and in a collective respect, where the disputes take place between the employer(s) and the collective of the workers, typically represented by an employee organization (union) or a works council. 
 When a conflict or a dispute cannot be resolved through negotiation, the law offers dispute resolution mechanisms for the participants. Therefore, several legal mechanisms have been evolved in order to resolve disputes, starting from the classical form of litigation, where a court determines the end of the dispute by its judgement, and other alternative forms of dispute resolution, such as arbitration, mediation and conciliation, where the parties can reach a decision or a settlement outside of the judicial system of the state.
 EU Member States have introduced various legislative rules for labor dispute resolution covering all manner of individual and collective disputes. ADR schemes are also supported by the ILO, as the ILO Recommendation No. 92 (1951) suggests that voluntary conciliation should be made available to assist in the prevention and settlement of industrial disputes between employers and workers. Within the aegis of the European Union, several instruments have emerged with the attempt to elaborate the basic principles for the operation of ADR schemes in the context of cases between businesses and consumers. The Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “ADR Directive”) and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (the “ODR Regulation”) ensured that consumers could turn to quality alternative dispute resolution entities for all kinds of contractual disputes with traders, and established an EU-wide online platform for consumer disputes that arise from online transactions with traders.
 Workplace mediation is widely and successfully utilized in the USA for solely employment purposes both in the private and the public sector. Also, in the United States is a “employment at will” doctrine prevails, that basically means – unless stipulated to the contrary by the parties – the employment relationship can be terminated with immediate effect without any justification (just cause), thus workers do not have access to legal remedies as in the EU where the statutory laws provide a broad protection against arbitrary or unjust termination. Mediation, however, provide an effective solution for employees and workers, even if situated outside the protective scope of labor law.
 While the role of customer/consumer ADR and mediation is increasing throughout the whole European Union, workplace and employment mediation still constitutes a “grey zone”. In many of the legal instruments of the EU and also in several products of the national legislations, consumers and workers are treated with the same legal awareness, thus protective laws compensate their weaker position in their legal relationships, but as far as the utilization and access of dispute resolution schemes are concerned, a significant but not always reasonable differentiation can be detected. Also, while mediation is an available tool for individual employment matters, still has not been utilized considerably, and remained an instrument only to resolve mostly collective conflicts. Therefore, the aim of this paper to present various styles of mediations from a comparative perspective, to express their biggest advantages and to highlight the areas where mediation could be more suitable to use in the context of the individual disputes of the workplace.