Main Doctrines Research Articles

Some Aspects of Implementation of Private International Law Principles in Civil Code of Uzbekistan

This article provides the basic research in international private law principles in accordance with the reforming of Civil Code of the Republic of Uzbekistan. It examines the general provisions and special rules of private international law, which appears as special principles. Concept and classification of principles of private international law are considered in the article as theoretical point of view. In addition, the author attempts to review in more details some of the principles and demonstrate practical aspects and necessity of their implementation in the Civil Code. In conclusion, the author determines that private international law principles are formed and can be divided into general and special ones, and main special principles should be reflected as legal articles in the special Volume of Civil Code. The main purpose of this article is to provide the main doctrines of understanding of international private law principles.

THE ROLE OF HUMAN RIGHTS IN THE PROCESS OF CONSTITUTIONALIZATION OF INTERNATIONAL LAW

This paper aims to verify how the development of International Human Rights Law demonstrates the existence of a constitutional tendency in International Law. Adopting the deductive method, it analyzes the main doctrines that recognize the possibility of International Law assuming constitutional characteristics, the historical context that led to the emergence of these ideas, and the advances brought by the IHRL. It was verified that the development of the IHRL has consolidated means of affirming the existence of a process of constitutionalization, giving greater legitimacy and force to the international norms intended to protect individuals.

Fikri Mülkiyet Haklarının Ihlaline Uygulanacak Hukukta “Soft Law” Tarafından Hukuk Seçimine Yer Verilmesi

This study deals with the party autonomy principle as a connecting factor in the infringement of intellectual property rights in the light of soft law provisions. The territoriality principle and the lex loci protectionis rule govern as the main doctrines of law applicable to intellectual property infringement disputes. However, several academic projects from all over the world (the Principles by the American Law Institute, the Principles by the European Max Planck Group on Conflict of Laws in Intellectual Property, the Japanese Transparency Proposal, the Joint Principles drafted by members of the Private International Law Association of Korea, Japanese Waseda University Global COE Project and the Draft Guidelines on Intellectual Property in Private International Law of The International Law Association Intellectual Property and Private International Law Committee) suggested the party autonomy principle for the infringement of intellectual property rights in contrast to Article 8(3) of the Rome II Regulation. All these principles have no legally binding effect, but they are a set of principles that could be used both by international and national legislative bodies and courts. Moreover, the party autonomy principle in intellectual property infringement cases has been accepted by Turkish Private International Law Act (“PILA”), Swiss PILA and Chinese PILA. The purpose of this study is to analyse both soft law and national law provisions comparatively. Although the common aspect of the legal principles is to accept the will of the party, all of the provisions differ in several aspects. This study attempts to analyse and evaluate the suggested developments of the choice of law for intellectual property infringement cases.

Influence of Shakarim‘s work „Catechism of Muslims“ on the political and social development of Kazakhs at the beginning of the XX century

The work of Shakarim Kudaiberdievich “Catechism of Muslims” is one of the first works written inthe Kazakh language at the beginning of the 20th century, covering the three main doctrines of IslamicSharia – “Akida” (Islamic faith), «Fikh» (Islamic law), «Akhlak» (Islamic morality). The writing of this workcoincided with one of the most difficult periods for the Kazakh people. This was due to the baptismalpolicy of the tsarist government to rule the Kazakh steppes, alienating people from their religion andlanguage. To this can be added the low level of literacy among the Kazakh people. Of course, it was notin vain that the work on Islamic Sharia came out at that time. It is known that the reason for writing thiswork was the political, social, economic and spiritual situation of people at that time. The importance ofstudying our topic is obvious here.The main purpose of the article is to determine the contribution to the development of the Kazakhpeople by studying the reasons for writing the work «Catechism of Muslims». The article examines thehistory and reasons for writing the work of Shakarim Kudaiberdievich «Muslim catechesis». The mostimportant aspects of this work for the Kazakh people are considered. The research included content andthematic analysis of historical data, archives, articles collected on this topic. Decomposition, selection,hermeneutics, descriptive methods were used to achieve the research objectives. This article is importantbecause it leads to the collection of evidence and data from similar research on this topic.Key words: Shakarim, colonialism, politics, religion, Kazakh, development, influence.

Lachelier’nin Yükleme Semantiği ve Tasım

The main doctrines of the traditional logic of terms (logica termini) are standardly organized according to the formation structure of syllogistic inferences. A syllogistic inference is analyzed into propositions, and propositions, in the last instance, to terms; the logic of terms, in line with this formation structure, is partitioned into the doctrines, respectively, of terms (terminorum), of propositions (propositionum) or judgments (judiciorum), and of immediate and mediate inferences or followings (consequentiarum immediatarum/mediatarum). This structure communicates the idea that a given doctrine could be treated, to a certain extent, independently of the next one to come, so that propositions, for instance, could be examined, at least to a certain extent, independently of syllogistic inferences. Some classical philosophers such as Immanuel Kant have developed approaches that break in part this order of analysis which finds its clearest expression in the Port-Royal logic (Arnauld & Nicole’s Logic or the Art of Thinking). In Kant’s case the order is changed in favor of the doctrine of judgements. This paper examines the French philosopher Jules Lachelier’s (1832-1918) approach which similarly breaks the same doctrinal order, and which, more specifically, refines the typification of propositions according to the roles to be played by propositions in syllogisms. What lies at the core of this approach is the identification of the semantic values of categorical propositions (or, as Lachelier calls them, of propositions of inherence) in terms of modal statuses which are to determine these roles. Lachelier seems to use the set of values he assigns to the categorical forms as a tool for testing logical implication among types of predication, that is, as some sort of semantic theory in the modern sense. Lachelier also discusses the three-figured categorical syllogistic along with a method, effectively used by G. W. Leibniz, of transforming syllogistic moods into each other, and tries to confirm his semantic theory in terms of such syllogistic. This paper explains Lachelier’s analysis of meaning by treating it as a non-formal semantics of predication, and tries to make some modern sense of Lachelier’s general approach to syllogistic.

Aproximación a una Conceptualización de la Supremacía Constitucional a partir de la Jurisprudencia de la Corte Suprema de los EE. UU

El propósito del presente artículo es analizar la irrupción del neoconstitucionalismo, buscando definir un postulado ínsito en este: el principio de supremacía constitucional a partir de la jurisprudencia del máximo tribunal estadounidense, así como en simultanea se examina el fundamento jurídico-político del activismo judicial propio del referenciado paradigma.
 Se enmarca el tópico dentro de sus fronteras originarias: el derecho anglosajón, al mismo tiempo que se relaciona tangencialmente con el ordenamiento normativo colombiano en gracia a su tácito impacto en su estructura, máxime en su sistema de fuentes al tornarse como tendencia sucesora del fenómeno tradicional positivista.
 Se empleó como método la revisión documental del estado del arte a través de la búsqueda selectiva en bases de datos y el estudio de la literatura tratante de la temática, información procesada a través de fichas de revisión analítica (FRA), fichas bibliográficas y de lectura, así como de análisis jurisprudenciales estandarizados.
 Se conceptúa el principio de supremacía constitucional desde las principales doctrinas, previamente identificadas, suscitadas en el sistema administrativo federal estadounidense, concretamente del desarrollo del quehacer de la administración de justicia: las nociones del principio de supremacía constitucional en estricto sentido, la libertad de expresión y la hegemonía de raza, como constantes en el devenir de la Corte Suprema Estadounidense.
 Por último, se sienta una postura frente al sustrato posibilitador de la practica judicial como contenedor de los otros brazos del Estado y su auto-atribución para el ejercicio de las políticas públicas con fundamento en la supremacía constitucional.

(How) Does Self-Regulation Work? Evidence from Brazilian Corporate Governance Listing Segments

This paper examines the enforcement of the Brazilian Stock Exchange (B3) self-regulation on companies listed on its special corporate governance segments: Levels 1, 2 and the New Market. From the theoretical perspective, I discuss the main doctrines and international experiences on the subject. The legal analysis shows the contract between the B3 and listed companies being an instrument of this relation. This relation, in turn, is grounded on legal based disciplinary power aimed to be used in the public interest. From the empirical perspective, I analyze fourteen years of data of the sanctions applied by the B3 for companies listed on the special segments. The results show that: (i) sanctions imposed by the B3 have procedural nature instead of substantive; (ii) the number of sanctions did not grow proportionally to the number of listed companies; (iii) there is a negative correlation between the number of fines and the stock market momentum (“bear” or “bull market”); and (iv) on average, companies that receive more fines are smaller, younger, with lower profitability, lower stock returns and higher indebtedness. I present solutions to increase public oversight of the enforcement of the listing segments’ rules, such as: enhancing transparency and accountability; strengthening the state supervision over the private regulator’s enforcement activities; and, implementing mechanisms to mitigate the risks of under-enforcement caused by conflicts of interests. The Brazilian case is relevant to the global debate because its results suggest responses to the following issues: (i) the limitations of Stock Exchanges to enforce its own rules; (ii) the discussion whether listing rules lead to a “race to the bottom” or “race to the top”; and, (iii) whether “bull” or “bear markets” are related to the enforcement activity. These results highlight the relevance of more research and debates on this issue in the academic world. Taken together, the debate and proposals have the ultimate goal of improving investor protection and strengthen the credibility of the stock markets in order to contribute to greater economic and social development.

Doctrines and Dimensions of Justice: Their Historical Backgrounds and Ideological Underpinnings.

Justice can be approached from many angles in ethical and political debates, including those involving healthcare, biomedical research, and well-being. The main doctrines of justice are liberal egalitarianism, libertarianism, luck egalitarianism, socialism, utilitarianism, capability approach, communitarianism, and care ethics. These can be further elaborated in the light of traditional moral and social theories, values, ideals, and interests, and there are distinct dimensions of justice that are captured better by some tactics than by others. In this article, questions surrounding these matters are approached with the hermeneutic idea of a distinction between "American" and "European" ways of thinking.

Effective Action (arthakriyā), Activity (kāritra), and Nonactivity (nirvyāpāra)

Effective Action (arthakriyā), Activity (kāritra), and Nonactivity (nirvyāpāra) Zhihua Yao 1. Introduction A perplexing concept is usually a hallmark of the creativity of the thinker who conceived it. In the history of Buddhist philosophy, arthakriyā (effective action) is such a concept, which is credited to Dharmakīrti, one of the most creative and influential Buddhist thinkers. Although this term did not originate with him, he developed the concept into one of the key tenets of his own complicated philosophy and of subsequent Buddhist thinking. Some contemporary scholars have attempted to trace this Dharmakīrtian concept to early Buddhist sources. Nagatomi (1967–68, 64–67) traced arthakriyā to the Abhidharma sources, but he seemed to head in the wrong direction by focusing on a curious concept, nengsheng 能生. Akimoto (2004) made a pioneering study that explicitly spells out the continuity between the Vaibhāṣika concept of kāritra (activity) and the Dharmakīrtian concept of arthakriyā. In this article, I will study more carefully the relationship of arthakriyā with the Vaibhāṣika concept of kāritra and the concept of nirvyāpāra (nonactivity) as found in Dignāga, Vasubandhu and the early Yogācāras. I will examine some major works of these Buddhist philosophers and their many commentators, focusing on their concepts of effective action (arthakriyā), activity (kāritra) and nonactivity (nirvyāpāra), and demonstrate the following main points: [End Page 7] 1. The Dharmakīrtian concept of effective action (arthakriyā) can be traced back to the Vaibhāṣika concept of activity (kāritra). The main difference is that the latter assumes the reality of all three times, whereas the former is committed to an ontological stance of momentariness. 2. The early Vaibhāṣikas understand activity (kāritra) in three main aspects: intrinsic activity, causal activity, and the activity of arising and cessation. The term vyāpāra in most cases refers to the intrinsic activity of factors; sometimes it can be used interchangeably with kāritra to cover all aspects of activity. 3. The theory of nonactivity (nirvyāpāra) denies not only intrinsic activity but also causal activity by reducing causality to similarity. This theory can be identified as one of the main doctrines of the Yogācāra-Sautrāntikas, a group of Sautrāntikas influenced by Yogācāras. 4. Dignāga is ontologically committed to nonactivity, in the sense that he denies both intrinsic and causal activities. Hence, he is qualified to be a Yogācāra-Sautrāntika, but Dharmakīrti is ambiguous. When commenting on relevant passages from Dignāga, he seems to accept the theory of nonactivity, but his key concept, effective action (arthakriyā), endorses causal activity or even intrinsic activity. The tension between the two thinkers can be eased only when we interpret effective action as a conventional reality. By restoring the central status of the concept of nonactivity, we also view the two related concepts “activity” and “effective action” in a new light. This study shows the subtlety in the development of Buddhist philosophical concepts and the complexity of the interactions between various Buddhist philosophical schools. 2. Effective Action (arthakriyā) and Activity (kāritra) Evidence shows that the term arthakriyā had already been circulated among some non-Buddhist and Buddhist writers before Dharmakīrti. For example, it is found in the Naiyāyika Vātsyāyana’s Nyāyabhāṣya, in the Grammarian Bhartṛhari’s Vākyapadīya, and in Dignāga’s Pramāṇasamuccayavṛtti (PSV) chapter 5.1 According to Harada (1990), the term in these examples can be understood in the sense of “purposeful action.” This [End Page 8] word, with its Buddhist Hybrid Sanskrit variation, arthacaryā, also occurs frequently in Buddhist literature, referring to one of the four means of attraction (saṃgraha-vastu).2 According to this teaching, a Bodhisattva uses four means to train his relationship with other beings and to draw them to the Buddhist teachings. They are generosity (dāna), kind words (priyavadyatā), beneficial action (arthakriyā), and sympathy (samānārtha). In these cases, the various usages of the term arthakriyā share the meaning of “purposeful or beneficial action.” In Dharmakīrti’s...

The Doctrinaire Trident Testing Constitutionality of the Laws

The paper attempts to highlight some leading judgments of the Supreme Court of India to trace the principles of law forming basis for the application of the three main doctrines viz., the doctrines of Pith and substance, repugnancy and colourable legislation which have been applied by the common law systems. The doctrine is applied to determine whether a legislation is within the legislative competence under Articles 246(1) and 246(3) of the Constitution. The doctrine of pith and substance is applied to resolve the conflict of jurisdiction. When the repugnancy between the two legislations is under consideration, what is in issue is whether the provision of the State enactment though otherwise constitutionally valid, has lost its validity because the Parliament has made legislation with a conflicting provision on allegedly the same matter. The doctrine has no application when the matter in question is covered by an entry or entries in the Concurrent List and has occupied the same field both in the Union and the State Law. If there is no power directly or impliedly vested with the legislature, or the objects sought to be achieved and the actual provisions have no consensus, the legislation or the part of it becomes ‘colourable’ and hence to be declared void. If the Legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. Thus, the trident testing the constitutionality of the laws dealing with the legislative relations of the Union and the States in India is being analysed in this paper.

Obama’s legacy and the way forward

ABSTRACTThis article aims at providing an assessment of the principles that have guided the foreign policy of President Obama’s two terms in the Oval Office. Our analysis adopts three angles: first, demonstrate the (necessity of) continuity in American foreign policy throughout the years and the presidents; second, analyse the impact that President Obama’s main doctrines have had in the short term (such as selective engagement, nation-building at home, leading from behind, etc.); and third, propose five general guidelines for the way forward to guarantee American leadership in the next two decades.

البدعة في الأحكام: دراسة حديثية

This research aims to lighten the meaning of the Sunna first, in terms of language, terminology and legitimacy, and then to explain the meaning of Innovation "bid'ah", the different doctrines about its concept, and the Results in the legacy Rules. The research answers the following questions: What is the meaning of the Sunna in the texts of sharia and the scholars? What is meant by heresy? Is there any innovation that is good?. The researcher used the inductive and analytical method to clarify the meaning of the Sunna, and to show that the scholars are divided into two main doctrines in the determination of the concept of innovation, and thus in determining its legitimacy.
 يهدف هذا البحث إلى إلقاء الضوء على معنى السنة أولاً، من الناحية اللغوية والاصطلاحية والشرعية، ثم إلى بيان معنى البدعة، والمذاهب المختلفة حول مفهومها، وما يترتَّب عليه من أحكام. فجاء البحث مجيباً عن الأسئلة الآتية: ما معنى السنة في نصوص الشرع وعند أهل العلم؟ وما المراد بالبدعة؟ وهل هناك من البدع ما هو حسن؟. ولقد استعمل الباحث المنهج الاستقرائي والتحليلي، ليوضِّح المراد من السنة، وليبيِّن أن العلماء منقسمون إلى مذهبين رئيسين في تقرير مفهوم البدعة، وبالتالي في تحديد حكمها الشرعي.

The First ‘Proclean’ Section (Chapter 20) of ʿAbd al-Laṭīf al-Baġdādī’s Book on the Science of Metaphysics. Is the Pure Good of the Maḥḍ al-ḫayr Aristotle’s First Principle, Intellect in Actuality?

The first ‘Proclean’ section (Chapter 20) in ʿAbd al-Laṭīf al-Baġdādī’s Kitāb fī ʿilm mā baʿd al-ṭabīʿa is titled Fī mā qāla l-ḥakīm fī kitāb īḍāḥ al-ḫayr. ʿAbd al-Laṭīf al-Baġdādī presents his epitome of the Maḥḍ al-ḫayr. He reproduces all the propositions except numbers 4, 10, 18, and 20 in the same order. He adds Proclus’s proposition 54, On the difference between eternity and time (Mā bayn al-dahr wa-l-zamān), which is recalled twice, and passages from Metaphysics Lambda and the pseudo-Theology. Using a Farabian model, ʿAbd al-Laṭīf’s aim is to establish the identification between the First Cause, One and Pure Good, as presented in the Liber de causis, and the Aristotelian First Principle, Unmoved Mover and Intellect in actuality, described in his paraphrase of Metaphysics Lambda. Not surprisingly, however, ʿAbd al-Laṭīf is unable to reach this goal. Dissatisfied with the Avicennian summae, ʿAbd al-Laṭīf gathers in his Book on the Science of Metaphysics a syllabus of the ancient doctrines, the foundational sources of falsafa plus al-Fārābī. This syllabus inevitably reflects the antinomy of its sources concerning the nature of the First Principle, i.e. the antinomy of the two main doctrines at the origin of falsafa, the Plotinian One and the Aristotelian Intellect in actuality.

The Sociology of Theology Revisited and Applied

This paper reconsiders and restates the sociology of theology as an investigation of the social origins of theological doctrines. It treats the sociology of theology as an integral part of the sociology of religion and links it with the sociology of ideology (or knowledge). In particular, it applies the sociology of theology to the emergence and diffusion of Calvinism as a theological system. The paper posits and identifies essential social origins of the main Calvinist sociological doctrines, such as those of an absolute, omnipotent God and Divine predestination. It specifically identifies their social origins in a definite political system for the first doctrine and a ruling class of society for the second. It shows that these doctrines are theological and ideological projections and rationalizations of Calvinists pursuing or attaining power and domination since Calvin and his collaborators, and through their descendants. The paper aims to make a contribution to the sociology of theology as a relatively neglected part of the contemporary sociology of religion and ideology.

Experiência Jurídica Brasileira: Racionalismo, Realismo e a Função Criadora do Juiz

Tema bastante atual é o grau e os limites atribuídos ao juiz no processo de construção do Direito. Pautando-se, a premissa central, na suposta superação do caráter dogmático do direito, que eleva a neutralidade do juiz como um de seus característicos, e questionado o método positivista, começaram a despontar correntes modernas, antidogmáticas, e que renegavam o positivismo extremado defendido pela escola da exegese. Classificados como escolas modernas, tais sistemas são representados pelas escolas da livre indagação, do direito livre e histórico-evolutiva. Assimiladas, algumas delas, pela experiência jurídica nacional, este artigo abordará, de maneira superficial, o embate travado entre a dogmática e a zetética jurídica para, apresentando a questão central: equivalência do direito à lei, tecer considerações acerca das principais doutrinas sobre o tema. Após, fará alguns comentários sobre as tendências racionalistas e realistas para, ao fim, criticando a doutrina de Kantorowicz, que parece grassar certa aceitação no cenário jurídico nacional, concluir que o juiz não pode se emancipar, por completo, da lei.

Pemikiran Waleed el-Ansary tentang “A Common Word” dalam Perspektif Metafisika Perennial

<p>The discourse of “the Common Word” between us and you have initiated a series of seminars involving world religious institutions. Theological implications of common word become prevalent discussion. Fundamental questions that arise are: “When both Islam and Christianity claim to have received the revelation of God, then what does that mean that the word of God has become a book? Or transformed into the image of Jesus? “However, it does not mean that such matters can simply be brought into the realm of theological studies, because it will lead to a polemic and highlight the differences rather than the pure spirit of faith. Theology will only hold us to understand the main doctrines that had been circling around each religious tradition. Therefore, this article, that explores the idea of Waleed el-Ansary, is presented as an effort to understand the “Word of God” within Islam’s and Christianity’s perspective, so as religious people, we all get the meaningfulness of life or even salvation.</p>

Ritual Pengikut Tarekat Shâdhilîyah di Tambak Beras, Jombang-Jawa Timur

<p>This article tries to phenomenologically examines the existence of the Shâdhilîyah tarekat supervised by KH. Djamaluddin in Tambak Beras, Jombang. The Shâdhîlîyah tarekat, that had been initiated by Abû Hasan al-Shâdhilî, is an exceptional and consistent in holding and practicing its <em>tawhid</em> principle as well as <em>dhikr</em> rituals. In Indonesia, this tarekat has rapidly evolved. One of its murshid is KH. Abdul Jalil Mustaqim in Tulungagung, the murshid to KH. Djamaluddin. The tarekat has two main doctrines, are: firstly, ‘<em>ubûdîyah</em> realm where its followers are obliged to phisically and mentally obey Allah swt and His messenger, i.e. the prophet Muhammad, in all their sayings and deeds. Secondly, <em>mu</em><em>‘</em><em>âmalah</em> aspect where each follower is taught to interact with other people and creatures only for the sake of Allah. It means that the tarekat is a medium of self approaching to Allah. One of special rites (<em>khusûsîyah</em>) conducted by this tarekat is an every-Tuesday agenda where <em>dhikr</em>, <em>tawassul</em>, <em>tahlîl</em>, and <em>tahmîd</em> activities are held. Technically, a <em>sâlik</em> when s/he recites dhikr should be followed by breathing in which is concentrated in the navel and going on top through thoracic cavity and coming out through the mouth then retracting it back to tongue.</p>

Liberal Humanism and Its Effect on the Various Contemporary Educational Approaches

Liberalism is one of the main western doctrines which have originated from the ideologies of ancient Greece. The concept of humanism has been under the influence of liberal ideas in different political, social, economic and especially educational field. Since the educational field concerned with liberal ideologies, the study of different factors affecting liberal humanism helps distinguishing the concepts explained by each approaches and their similarities and differences. In this qualitative research, it has been endeavored to determine each of these aspects and factors and their effect on various contemporary educational approaches. The results indicate that some of the main factors of liberal humanism have not been considered and in the cases that they have been considered, the understandings of common subjects are different. Each of these approaches tends to study and define the aspects and principles from a certain point of view.

Administrative Procedure in Albania

The court and the parties constitute the core of administrative procedural legal relations, but besides them, third persons can also participate in these relations, who are part of litigation, such as the bailiff in the execution phase and when this process becomes part of the trial process on complaint. They conduct procedural actions with the active participation, in accordance with administrative procedural norms, influencing the course, development and completion of the trial. This paragraph shall constitute the purpose and objectives of this paper. In administrative procedural relations attend some subjects who carry certain procedural rights and duties provided by applicable law. The main subject in this relation is the court because of its crucial role in the development of these administrative relations. The Court has a leading and unique position because it is only the court which has the right to resolves an administrative issue giving the final decision. This stems from the fact that the court is the only body authorized by law to administer justice and as such it binding participates in all relations arising during the trial of cases (Adv. N.Uka, Adv. J.Brati Magistracy & Advocacy, ILARI P.F., Tirana, 2012, p. 454.) The methodology used is qualitative comparative of the two main doctrines on administrative procedure: Years of dictatorship (1962) and nowadays (2012). This paper will serve to other studies of the field ongoing since the Administrative Court is a new court in the Republic of Albania. And for that fact, books or publications in this field are few in number in Albania. DOI: 10.5901/mjss.2015.v6n1s1p438

VIEŠOJO VALDYMO REFORMOS LIETUVOJE: KODĖL IR KUO REIKIA PAKEISTI NAUJĄJĄ VIEŠĄJĄ VADYBĄ?

Šiame straipsnyje analizuojamos svarbiausios viešojo valdymo doktrinos (tradicinis administravimas, Naujoji viešoji vadyba, po-NVV ir su ja susijusios doktrinos), įvertinamas doktrininis viešojo valdymo reformų pagrindas Lietuvoje 2004–2010 m., pateikiama siūlymų dėl būsimosios viešojo valdymo reformos darbotvarkės (principų, krypčių ir proceso). Nepaisant vyriausybių politinių pažiūrų ir kadencijų skirtumų, svarbūs viešojo valdymo reformos sprendimai Lietuvoje buvo pagrįsti partine logika, kurios paskirtis yra stiprinti esamą politinę valdžią. Biurokratinės viešojo administravimo strategijos, kurioje buvo linkstama prie po-NVV doktrinos, įgyvendinimas pradžioje nebuvo sėkmingas dėl nepakankamos politinės nuosavybės ir legalistinio požiūrio. Penkioliktosios Andriaus Kubiliaus Vyriausybės vykdomos viešojo valdymo reformos pagrįstos vadybine doktrina, kurioje vyrauja NVV doktrinos bruožai. Partinės logikos ir NVV derinys gali būti prieštaringas ir pavojingas Rytų ir Vidurio Europos šalyse. Kadangi NVV doktrina nedavė gerų rezultatų žemyninės Europos šalyse, jos sprendimai mažai atitinka Lietuvos problemas ir nėra tvirtų įrodymų, jog NVV gali efektyviai veikti Lietuvoje, viešojo valdymo reformų metu ją siūloma taikyti ribotai ir selektyviai. Po-NVV doktrina yra geriausias pagrindas būsimosioms viešojo valdymo reformoms, kurių įgyvendinimas turi būti pagrįstas platesniu politiniu kompromisu, geresniu tarpinstituciniu koordinavimu ir vadybiškesniu požiūriu.