Public Principles Research Articles

Kepastian Hukum Pengaturan Publisitas Pada Program Pendaftaran Tanah Sistematis Lengkap (PTSL)

The Publicity Principle in the Complete Systematic Land Registration Program is the principle that provides juridical data about who is the subject of their rights, what are the names of their rights, and how are their transitions and encumbrances taking place. The principle of publicity in PTSL regulated by article 24 paragraph (2) Permen. ATR/Ka. BPN Nuumber 6 Tahun 2018 governs announcement of physical data and juridical data is foor 14 working days. This is different from the time provisions for the announcement of physical data and juridical data governed by article 26 paragraph (1) PP. Number 24 tahun 1997 regulating the period off announcement of physical and juridical data is 30 working days. The formulation of the problem in this thesis paper consists of three problem formulations.First, is the Publicity Principle in the Complete Systematic Land Registration Program in accordance with the Principle of Legal Certainly at Land Registration in Indonesia, second How the legal remedies of the Certificate from the Registraton Program Compelete Systematic Land, third What are future arrangements for the Systematic Complete Land Registration Program to ensure legal certainly of land rights in Indonesia. The methodology used in writing this thessis is the statute approach, the conceptual approach, and the historical approach. The Publicity Principle of the PTSL program which is regulated differently from PP Number 24 of 1997 provides space for legal uncertainly in the community. This is because the community as seekers of guarantee of land rights can be disadvantaged by reducing the time for submitting anobjection in the PTSL program for 14 working days which PP Number 24 of 1997 is set for30 days. If it is examined with the basic legal principle, namely the principle of lex superior derogat lex inferior, there is also a clear devitation from this principle. Legal uncertainly on the principle of publicity is even clearer if it is reviewed based on the principles of legal certainly that must be contained for a certain rule. There are some elements which cannot be fullfilled by Permen ATR/Ka. BPN Number 8 of 2018 so that in daily practice in society still problems can be found in this publicity principle. The conclusion of this paper is first, the principle of publicity of the PTSL program does not meet the principle of legal certainly. Second, there are two legal actions that can be dealt with by the public if they have objections due to the issuance of the PTSL certifivcate. Third, the Goverment needs to synchronize/ harmonize Permen ATR/Ka. BPN number 6 of 2018 in order to guarantee legal certainly to holders of land rights.

The principle of transparency and openness of the judicial process and its full fixation by technical means in the civil proceedings of Ukraine

Keywords: principle of publicity and openness of judicial process and its full fixingby technical means, principles of civil proceedings, civil proceedings, information withlimited access, mechanism of legal regulation
 The article substantiates the relevance and necessity of further in-depthresearch on the principle of transparency and openness of the judicial process and itsfull fixation by technical means in civil proceedings of Ukraine, proves the objectiveconnection between the principles of civil proceedings and processes in society and themethod of the field of law, as well as between the very principles that comprise thesystem.It defines the principles of civil procedural law as the main ideas, fundamentalprinciples of the tasks and objectives of civil proceedings, enshrined in the rules ofcivil procedural law, which reflect the specifics of the subject and method of legal regulationof civil procedural law, as one element of the legal regulation of civil procedure,which are in a dialectical relationship and interdependence with other elementsof the mechanism of legal regulation.Different approaches to the disclosure of the essence and legal implementation ofthe principle of publicity and openness of the trial and its full fixation by technicalmeans, which are reflected in the scientific works of procedural law professionals ofthe past and modern researchers. It turns out that this principle is a constitutional,intersectoral, organizational principle of civil procedural law, which has a normativeconsolidation at both national and international levels of legal regulation.Based on the analysis of the legislation, the content of the principle of publicityand the principle of openness as components of the principle of publicity and opennessof the trial and its full fixation by technical means, exceptions to these principles, aswell as legal mechanisms for their implementation. The legal positions of the EuropeanCourt of Human Rights on the disclosure of information with limited access areanalysed. The conclusion is substantiated that the principle of openness and opennessof the judicial process and its full fixation by technical means is a complex principle,its implementation is ensured, on the one hand, by achieving the tasks and goals ofcivil proceedings, and on the other, by exercising the right to fair trial components —the right of access to justice.

Use of special knowledge in the procedure of criminal cases

In the process of examining the case at the trial stage, the judge, in some cases, requests that methodical research be carried out with the application of special knowledge in order to clarify circumstances that are important for the fair settlement of the case. The disposition and performance of the judicial expertise in the trial phase takes place under the conditions of observing the principle of orality, directness, publicity and adversariality. These principles, which underlie the trial of the case, differentiate the procedure for disposing of judicial expertise in the trial phase from the procedure for disposing of expertise in the criminal investigation phase. In essence, the judicial function consists in administering the evidence, the evaluation of the evidence administered in order to pronounce a decision on the merits of the criminal accusation made by the prosecutor against the defendant, as well as the pronouncing of a court decision resolving the criminal law conflict being guaranteed. to the parties and to the procedural subjects the fullness of the rights provided by art. 6 European Convention on Human Rights. In the process of examining the case in the trial phase, the judge in some cases at the request of the parties requests a methodical investigation with the application of special knowledge in order to clarify some circumstances that are important for the fair settlement of the case.

The principle of publicity as a constitutional category with special focus on civil contested procedure

Abstract One of the basic principles in civil contested procedure is the principle of publicity. Our aim in this scientific paper is to address this principle from all legal points of view in order to make a concrete review of what the principle of publicity in civil contested procedure implies, and how this principle is guaranteed based on legal acts, since in order to have regular judicial process it is necessary to respect all rights and procedures that are guaranteed by legal acts, and among them the principle of publicity plays a key role. The importance of this scientific paper consists in how it addresses several comparative legal aspects regarding the principle of publicity as a constitutional category under Article 6 (1) of the European Convention on Human Rights, and in the legislations of Kosovo, Albania, and North Macedonia. We also address the principle of publicity as a fundamental principle in civil contested procedure, the violation of legal rules related to publicity, and the exclusion of the public from trial. Therefore, bearing in mind the importance of the right to a fair trial, we address the principle of publicity, with special emphasis on contentious civil proceedings.

Juridical Theoretical Study Of Granting And Abolition Services Of Encumbrance Rights That Eletronically Integrated

This study aims to examine and analyze the existence of an obligation that every granting and abolition of Encumbrance Rights (roya') must be registered, to examine and analyze the synchronization of legal arrangements for the implementation of registration of granting and abolition of Encumbrance Rights according to UUHT with the Ministry regulation of Agrarian Affairs & ATR Number 9 of 2019, As well as to study and analyze the legal consequences if the granting and abolition of Encumbrance Rights is not registered electronically. This type of research is normative legal research, with the approach method being a statutory approach, conceptual approach, and analytical approach. The results of the research are: 1) that each grant and abolition (roya) of the Encumbrance right must be registered, in accordance with the provisions that the granting and abolition of the Encumbrance must be registered as an absolute requirement and as a fulfillment of the publicity principle in the Law of Encumbrance Right. 2) In the Minister of Agrarian Affairs ATR BPN Number 19 of 2019 there are parts that are not in sync with the Law of Encumbrance Right, electronic documents that are not known in the UUHT and Roya can also be implemented without an agreement that these conditions are not in accordance with the provisions in the UUHT . 3) Legal Consequences If the granting of Encumbrance Rights is not registered, then in the provisions of the Encumbrance Right, the Encumbrance is never born/never existed. If the Encumbrance waranty is never born, then the creditor is not located as a priority creditor (separatist creditor) to get the debtor's debt to be repaid. Likewise, in the abolition of Encumbrance Right (roya), if it is not registered, the Encumbrance Right is considered to have never been erased, so that the waranty remains in the control of the creditor, and the loan agreement or principal agreement has not been paid off and ended. While for the Abolition Process (Roya) of Encumbrance Right as Maintenance of Land Registration Data, if the Encumbrance right certificate has been crossed out, then the land title certificate which is used as waranty for the Encumbrance will be returned to the debtor, while the Encumbrance Right certificate is withdrawn by the Land Office and declared no valid again, as well as the land books of Encumbrance Right is declared no longer valid.

Digitalisation and Law: The More Things Change – the More They Stay the Same

Based on the notorious fact of our era digitalisation, this paper is focused on the probability of relations between the notions of law and digital era government (DEG), as they are found in the scientific literature. Out of the total of 3917 articles that were identified in the Scopus database as relevant in DEG research, 77 of them were further considered due to their connectedness between legal notions and notions of DEG. Results show a very modest presence of law in DEG literature. Based on this, the paper confirms Collingridge’s dilemma of control and gives answers on the cross-disciplinary interconnection of law and IT, how digital dimensions and technology are addressed in the law, and whether the latter pursues modernisation or just reflects existing public governance principles. However, results based on a literature review may not be always aligned with the practical effects of digitalisation in society.

Limitation of the Principle of Publicity in Child Adoption Cases

The article analyzes the advisability of limiting the principle of publicity in the consideration of civil cases regarding child adoption. The substantial reasons for this are as follows. First, the need to protect the interests of the adoptive parents who make the difficult decision to accept a child into the family in the hope that the child will consider them as his parents through which they can build a communication with him and his upbringing. Second, the need to protect the interests of children whose full upbringing and development are possible if they are convinced that they are growing up in their home family. Third, the need to protect the interests of biological parents who may not wish to publicize that they were forced to transfer their children for adoption and many other reasons. Meanwhile, the interest of society to access information about this category is also noted by scientists specializing in various fields of knowledge, lawyers, sociologists teachers, psychologists, and potential adoptive parents who wish to further understand what child adoption entails in their future and the experience of recognized members of society regarding child adoption. Thus, a procedural rule guaranteeing the secrecy of child adoption is formulated as follows: the court is obliged to hold a closed court hearing if there is an application for this by the adoptive parents.

Legal enforcement aspect of the interaction of public and private principles in criminal law: on the 25th anniversary of the Criminal Code of the Russian Federation

The article examines public and private principles in criminal law. The authors of the article separate public and private principles without corresponding opposition of branches of law and conclude that the mutual influence of public and private principles is inherent in all branches of Russian law without exception. For criminal law, the public nature of which is not disputed, this conclusion is confirmed by reference to Article 76 of the Criminal Code of Russian Federation, in which, according to the authors of the study, the influence of the Civil Procedure Code of the Russian Federation is directly manifested (chapter 141 of the Civil Procedure Code of the Russian Federation) and the Arbitration Procedural Code of the Russian Federation (chapter 15 of the APC of the Russian Federation) regulating the settlement of disputes by peaceful means. The article also reveals the connection between criminal law and arbitration procedural law. The article also reveals the connection between private and public principles of criminal law and arbitration procedural law in connection with the application by the arbitration courts of paragraph 1, рart 1, article 161 of the APC of the Russian Federation, which regulates the obligation of the arbitration court, upon receipt of an application for falsification of evidence, to explain to the subject the criminal consequences of such an application, and article 1881 Private definitions of the APC of the Russian Federation, which actually imposes on arbitration courts the obligation to qualify a crime.

STATE-PUBLIC MANAGEMENT OF EDUCATIONAL ORGANIZATION

The article reveals the concept of state-public management of an educational organization. state-public management is not a set of state and public structures, but a system of interaction, which is based on the voluntary acceptance of certain obligations and decisions by the state and citizens in the management of education. The goal of state-public management should be a combination of state and public principles in the management of the educational organization of the state. The article considers the model of state-public administration of a secondary school in the city of Nizhnevartovsk, describes the strengths of this model and discusses the points that require modernization. A modernized model of state-public management of an educational organization is proposed and considered. The purpose of this model is to put the problems of the functioning and development of education in the center of public attention, to expand collegial, democratic forms of management, to put into practice the state-public principles of management. To develop social partnership in the education system as a way to solve urgent problems of development and modernization of education through the introduction of a public management mechanism. The objectives of the proposed model are: to ensure the involvement of students in self-government activities, to form students' social activity, the ability to socialize in modern conditions; increase the interest of parents in the state of education and upbringing at school, involve parents in the daily activities of the school, increase the level of interest and responsibility for raising children in the family; to encourage the creative attitude of teachers to pedagogical activity, to develop a sense of personal responsibility for the results of the school; develop partnerships with public and private organizations, government agencies to assist the school in the education and upbringing of children, to attract extrabudgetary funds, for financial and material assistance to the school.

About Legal Policy in the Field of Formation and Implementation Online Dispute Resolution Mechanisms in Civil and Administrative Court Proceedings

The article analyzes the legal policy of the countries of the Council of Europe in the field of the formation and subsequent implementation of new mechanisms for online dispute resolution in civil and administrative proceedings. In this regard, the guidelines for the use of such mechanisms (which are set out in the relevant Recommendations of the Committee of Ministers of the Council of Europe) are discussed in detail in the field of access to justice, equality of arms, evidence and evidence, trial and informed decision, as well as the right to review it. ... Attention is focused on the need to ensure the compatibility of such mechanisms with the key principles of a fair trial and effective remedies set out in the case law of the European Court of Human Rights, including the principles of publicity, transparency, directness, oral hearing and equality of persons involved in a case.A separate place is given to the problem of using online dispute resolution mechanisms in Russian civil and administrative proceedings. It is noted that today the domestic legislator, as part of the development of its own legal policy agenda, increasingly integrates innovative digital communication methods into the activities of the subjects of procedural legal relations. In particular, in the near future, along with video conferencing, the legislator will allow courts of general and arbitration jurisdiction to use web conferencing as an authentic technology for organizing online meetings and collaboration in real time via the Internet. All this creates a fertile ground for borrowing the positive world experience of introducing the latest mechanisms for online resolution of civil and administrative cases by the justice authorities, taking into account the inviolability of high standards of a fair trial.

Publicity and Data Protection during Criminal Proceedings

The need for public access to criminal proceedings increased in Europe at the end of the eighteenth century. It was clear at the time that the public has the same interest as the offender, and it acts as a means of control. Therefore, the need for publicity was not an issue. But the world has changed a lot in the last 200 years. The interest in criminal cases has increased, often becoming a national or even international interest. But the data that become known to the public often have adverse consequences for both the offenders and the victims. It makes the problem even worse that the media reports on crimes are rarely objective. In my study, I am looking for answers to the questions as to what problems publicity may cause and how these problems could be avoided without undermining the principle of publicity.

Correlation of private and public principles in the legal regulation of the use of genomic and assisted reproductive technologies

In the present article the author notes that the achievements of modern science in the field of biomedicine, in addition to ethical and moral issues, also raise the problem of determining the limits of state intervention in the regulation of the use of genomic and assisted reproductive technologies. This problem, to a certain extent, continues the discussion regarding the effect of public-law principles in the sphere of civil legislation.In this connection, the question arises about the right of the state to interfere in the decision-making process of parents regarding the birth of children through the use of appropriate technologies, to establish age and other restrictions on persons who resort to these technologies, to determine the specifics of parental legal relations for such persons, etc., that is, to a large extent intrude on the private sphere of the citizen, the sphere that constitutes the privacy of his life.The presented analysis of legislation and judicial practice shows that all states are currently in search of a fair balance between private and public interests in an area that has traditionally been governed exclusively by the private will of the person, in the sphere of the exercise of his or her reproductive right. That is why it is so difficult for society to perceive various interventions of public authorities, that is why it is so important that society does not perceive them as unfair.As a result, the author concludes that as a priority the interests of the weak party in the relationship arising from the use of genomic and assisted reproductive technologies should be considered and protected — the interests of the child born with such technologies, while not allowing violation of the rights to life and health of others involved in such relationships, unreasonable invasion of their privacy.

Decision of the Governing Board Meeting in Amendment to the Articles of Association Regarding Activities for Waqf Foundations

The purpose of this paper is to analyze the provisions of the quorum of the supervisor's meeting in terms of amendments to the Articles of Association regarding activities for foundations whose assets come from waqf, hereinafter referred to as waqf foundations. As well as the importance of implementing the principles of transparency, accountability and publicity for foundation organs. The supervisor in organizing the agenda for the supervisor's meeting must meet the quorum of attendance and the quorum of valid decisions stipulated in the Articles of Association and the Foundation Law. In practice, foundation coaches act deviantly by making changes to the articles of association of foundation activities that are not in accordance with the applicable legal rules. The importance of implementing the principles of the foundation to the organs of the foundation in order to maintain the alignment of the aims and objectives of the foundation. The approach method in this research is normative legal research and is supported by secondary materials related to research. Amendments to the articles of association of foundations are allowed in accordance with the provisions contained in Article 17 of the Foundation Law and Article 21 of the Foundation Law in accordance with the applicable provisions regarding changes to the articles of association of foundation activities by submitting approval to the Minister. In the amendment to the articles of association of the foundation, it must be noted that the field of activity of the foundation should not be carried out deviating from its aims and objectives.

Конвенційні процедури в кримінальному провадженні

In this article we study alternative ways of resolving conflicts in criminal proceedings. We propose to call the use ofsuch alternative methods a generalized term – conventional procedures of criminal proceedings. Conventional proceduresinclude procedures for concluding agreements in criminal proceedings. The principle of discretion and deviation fromthe principle of publicity also occurs in cases: 1) when the prosecutor refuses to support the prosecution in court (theprinciple of publicity ceases to operate), and the victim agrees to support the accusation 2) when the investigator orprosecutor conducts an investigation and has the procedural authority to carry it out compulsorily (publicity principle).At the same time, the person being examined expresses a desire to pass the examination voluntarily (the principle ofdispositiveness begins to operate and the principle of publicity ceases to apply); 3) when the victim, the defense partyexpresses a desire to exercise their right to withdraw explanations from the participants in criminal proceedings, theprinciple of dispositiveness begins to operate, but it is not necessary that the principle of publicity does not work –proceedings). Summing up, the paper determines that the application of conventional procedures involves the implementationof the principle of dispositiveness and limitation or deviation from the principle of publicity. We argue that the conventionbetween the parties is an integral part of the modern civilized process, when the state, represented by bodies and officials,refuses to perform its functions in cases where the parties wish to exercise their rights and powers. The article stipulatesthat conventional procedures of criminal proceedings are a system of dispositive procedural elements of criminalproceedings, according to which the determining factor is the expression of will of its participants, aimed at resolvingcriminal and criminal procedural conflicts that arise both at the pre-trial investigation and trial.

The meaning (role) of the principles of openness and publicity in the process of preventing bribery in educational institutions of higher education in Russia

THEMEANING(ROLE)OFTHEPRINCIPLESOFOPENNESSANDPUBLICITYINTHEPROCESSOFPREVENTING BRIBERYINEDUCATIONALINSTITUTIONSOFHIGHEREDUCATIONINRUSSIA The paper considers the need to comply with the principles of openness and publicity by educational institutions of higher education in Russia. The significance (role) of these principles in the process of preventing corruption and its main element of bribery in the field of higher education is revealed, relevant comments and proposals are made to improve the regulatory legal documents in the area under study.

Преимущества и недостатки цифровизации гражданского, административного и арбитражного процесса

The purpose of this study is to identify positive and negative digital changes that have affected the activities of judges and other persons involved in the case, within the framework of the trial. Research objectives: to study the prerequisites for the emergence of web conferences as a form of litigation; consideration of the main problems that arise in practice in the framework of electronic record keeping and legal proceedings; analysis of positive legislative innovations in the field of digitalization. We use general scientific methods (dialectical, logical, systemic), private scientific methods (historical, statistical, sociological), as well as special legal methods (comparative legal, formal legal). We review the main changes that have appeared in the procedural codes since January 1, 2022. We draw attention to the absence of legislative deadlines for filing a petition to participate in a court session through the use of the web conference system. We make a distinction between web conferencing and video conferencing. We conclude that it is impossible to fully comply with the procedural form within the framework of an online meeting. This is due to the requirements for the procedure for conducting a trial, including in terms of giving evidence and explanations. We note that there is a failure to comply with certain procedural principles in the application of the system of online meetings, namely the principle of publicity, competitiveness and equality of the parties. We indicate the main advantages of digitalization, which include: the emergence of a new way to submit documents through the use of the public services portal, similar opportunities for obtaining final court decisions, as well as electronic notification of the court session date.

Introduction: The Ugričić Event

IntroductionThe Ugričić Event Branislav Jakovljević Everything seemed to follow the time-tested Aristotelian model: the initial incident, almost invisible to the naked eye, quickly gained momentum to first become noticeable and then with dramatic acceleration assume the dimensions of inevitability to reach its climax, enter the turning point, to finally end in a rapid downfall. In Greek tragedy, as well as in its neoclassical revival, the worst bloodshed happens behind the scenes, and the weight of its reporting falls to witnesses, heralds, shepherds, servants, and envoys. Removal of Sreten Ugričić as director of the National Library of Serbia, although pulsing with a tragic rhythm, was neither a tragedy nor inevitable fate. In his article entitled "The anatomy and physiology of a rebellion," Saša Ilić offers a first-hand account of the events on the Serbian public scene from 9–20 January 2012 that led to and followed Ugričić's firing from his post. This detailed report shows clearly the illusoriness of the analogy of these events with a tragedy and names those who stand to benefit from this implicit thesis. This recapitulation of events from an almost unbearably close proximity only confirms what was actually quite clear already on 18 January of that, in many respects crucial, year. Ugričić's removal was not only an administrative change in one of the leading institutions of culture in Serbia; it was an execution and a character assassination. As such, that was not the first incident of its kind in Belgrade and in Serbia. What was almost completely unprecedented was the collective and public nature of the firing squad. In contrast to the (neo)classical tragedy, the protagonists of this liquidation insisted on the principle of publicity in a way rarely seen in recent Serbian political history. The curtains were lifted, enabling the members of the polis to view the quartering of their co-citizen, revel in the spectacle, and take part in it. In addition to, and precisely because of that, shepherds, messengers, and servants in this "tragedy" did not act from a position of innocence, reduced to mere reporters of bloody events, but were themselves involved in the drama as its perpetrators. And that is where the crux of the horror permeating [End Page 3] this pseudo-tragedy lies: hamartia, i.e., tragic culpability does not belong to the hero as the central figure of the action, but is rather distributed among all involved in that action who, each in their own way, supported and fomented it, pushing on towards their horrible objective. Already the next day, they turned away from it, so that the "tragedy" as well as its perpetrators were soon forgotten. The hero remains unknown. This is not only a mechanism of drama, but one of the ritualization of politics with something like a negative Fuenteovejuna as its end product: if in Lope de Vega's play peasants in the village of Fuenteovejuna assume collective responsibility in order to wash themselves of the murder that one of them committed, the participants in this real-life political drama do the reverse, hoping that their public participation will normalize and thus cancel their misdeed. Despite the fact that it is not their main intention, Ilić and other contributors to this thematic section of Serbian Studies give back the names and surnames to these, thus far nameless, participants of this festival of ignominy. From the very beginning, Ugričić's dismissal from the position of director of the National Library of Serbia and everything it entailed (public humiliation, character assassination, dismissal of his accomplishments as writer and cultural manager) was referred to not as a tragedy, but as a "case." In fact, that was the only thing the ideological opponents agreed upon: the progressive online platform Peščanik set up a thematic bloc under the title "The Ugričić Case," and at the same time the conservative Nova srpska politička misao (New Serbian Political Thought) published a text by Marinko M. Vučinić with the same title. That this is a "case" seems to be a no-brainer. That very obviousness points to the ideological nature of this designation. As Louis Althusser argued throughout...

Abandoning the Spouse, Abandoning the House? Abandonment of Co-Ownership Shares in Immovable Property [Discussion of M V M (10751/2000) [2020] ZAGPPHC 155 (20 March 2020)

The case of M v M (10751/2000) [2020] ZAGPPHC 155 (20 March 2020) (“M v M”) is novel in its finding that the abandonment of immovable property is possible in South African law. It is also novel in finding that the requisite intention to abandon a co-ownership share in immovable property could be inferred from the facts of the case. Past case law concerning the abandonment of immovable property always failed to make a finding of abandonment as the requisite intention could never be established. This approach was consistent with our courts’ unwillingness to infer an intention to abandon valuable property in the absence of clear intention to do so. This case note seeks to critique the decision of the court in M v M in light of a legal framework in which the abandonment of landownership does not appear possible given the principle of publicity. It further seeks to ask if there were other avenues available to the court to reach what was an undeniably just outcome on the set of facts before the court.

Правовые принципы социального предпринимательства. Часть 2

This article is a continuation of the research presented in the previous issue of the journal. In the first part of the work, the basic principles of regulation of social and legal relations in the provision of social services are considered, the combination of private and public principles is analyzed, the principle of the balance of private and public interests in the system of provision of social services, general principles of constitutional and civil law, and social security law are analyzed. Possible variants of combination of principles based in public and private sectors in relations for the provision of social services are considered. This paper analyzes the legal principles of social entrepreneurship. Particular attention is paid to the principle of freedom of contract, which is presented through the prism of freedom to provide social services. The features of the manifestation of freedom in contracts of a public nature have been determined. Taking into account the involvement of both state institutions and entities belonging to all forms of ownership in the provision of services, an analysis of the application of the principles of competition, the professionalism of providers of social services is presented. Problems are identified and conclusions are drawn regarding the consideration of social services as a type of social entrepreneurship and the possibility of applying norms on entrepreneurial activity to these relations. The article presents a comparative characteristic of the fundamental provisions of constitutional, civil and social security norms. Taking into account the public nature of relations of social security law, it was concluded that the civil legal essence of social services is influenced by public norms in the process of recognizing the right to receive social services, the establishment of criteria or the absence of criteria for the gratuitous nature of the service received or for partial payment, the choice of a provider of social services among those who have the right to provide them.

Quasi judicial institutions in the civilization space for labor dispute resolution

This article examines conciliatory forms of proceedings for complaints and disputes related to the application of labor legislation or conditions of certain contracts that echo the past and modern period of extrajudicial forms; it also emphasizes that the period of the new economic policy was due to the phenomenon of rationalization and individualization of consciousness. The normative base of the conciliation and intermediary institutions of the early Soviet period is analyzed, and the competence of the assessment and conflict commissions is shown. The first norms of labor legislation emphasized democracy and attention to the literal mathematical equality of the parties during procedures for resolving conflicts and resolving cases, which has reference to the classical judicial principles of openness, publicity, transparency, and parity in proceedings, and allows us to make a reservation in terms of confusion and inconsistency and rationing the activities of all quasi-judicial institutions. Conciliation and mediation institutions, on the one hand, were built into the system of labor relations, and on the other hand, they are qualified as quasi-judicial, with all the signs of judicial activity. The relevance of the study lies in the fact that conciliatory activity in the civilizational space has been poorly studied, and in this regard, the study has historical significance, and has parallels with the practice of modern labor dispute commissions, conciliation commission, mediator, labor arbitration, arbitration court, mediator, lawyer, notary, and other conciliatory and intermediary institutions. Also, the parallels of the past years against the background of the reconstruction of archival materials and files according to the reports of the craft department of the workshop against the background of the industrial panorama of Belarusian cities in the 19th — early 20th centuries, the industrial appearance of the city of Minsk.