Qualified Lawyers Research Articles

Legal regulation of sports relations in Ukraine at the current stage

The paper is devoted to the study of topical issues of sports law, which allow us to consider it as an industry that has signs of relative independence and is characterized by the complexity of norms. The domestic normative and legal framework for the regulation of sports relations is analyzed. The opinions of specific researchers regarding the prospects for the development of public administration of physical culture and sports, regarding views on the underdeveloped system of norms in this field and the problem of further adaptation of legislation to such changes are analyzed. Sports law is a fairly young branch of the Ukrainian legal system. The need for the development of this field is determined by the fact that sport, like any other sphere of social relations, needs qualified lawyers who understand its specifics. Legal regulation of relations in various spheres of social life has undergone drastic changes in connection with full-scale aggression. The introduction of martial law in Ukraine and the extension of the period of martial law made adjustments in the field of physical culture and sports. At the current stage, the formation of regulatory and legal support for the development of physical culture and sports in Ukraine continues, which is characterized by the legal regulation of relations through the adoption of legislative and regulatory documents, decisions of state bodies, and the development and implementation of target complex programs. However, the main problems related to the need for a quick response to political, economic and other socio-legal changes in the world and in Ukraine, taking into account the available opportunities for the implementation of state policy in the field of physical culture, need to be solved.

Подготовка молодых адвокатов для оказания квалифицированной юридической помощи в период выстраивания новых экономических связей

The article deals with the issues of the current state of the legal services market in the period of building new economic relations, as well as its impact on higher legal education and training of young lawyers. The author of the article provides an analysis of the regulatory framework, reflecting significant changes in the current economic situation, which should be taken into account when developing training programs within the framework of higher legal education. As a result of the conducted analysis, the article highlights three key trends in the current state of the legal services market and three main recommendations for higher legal education in relation to training of qualified lawyers in the current economic situation.

Features of Sheriff Court in Scotland in Early 19th Century (Exemplified by Selkirkshire County)

The article analyzes documents related to the sheriff court in Selkirkshire from 1799 to 1832. It investigates the extent to which legal proceedings were based on legal mechanisms. It is noted that although court materials were not meticulously filled out by the sheriff, Walter Scott, he aimed to adhere to the legal “spirit.” It is pointed out that the sheriff did not exceed the bounds of judicial jurisdiction. The punishments handed down by Walter Scott did not violate legal rules. There is no evidence that the sheriff sought to strengthen his judicial authority. It is suggested that Walter Scott did not use judicial power to cater to the most influential individuals in Selkirkshire, even though he became sheriff at their behest. In the published documents, the most authoritative figures (the third Duke of Buccleuch, the fourth Duke of Buccleuch, the fifth Duke of Buccleuch) are rarely mentioned, and legal cases only involved them in isolated instances. It is revealed that in the early 19th century, there were few individuals with legal education in Selkirkshire. Society did not demand thorough documentation from local judicial institutions, did not train an adequate number of qualified lawyers, and only marginally encouraged its representatives to formalize contracts, while providing the sheriff with insufficient salary.

«Скорость нужна, а поспешность вредна»: конституционность механизма отстранения члена участковой избирательной комиссии

The article examines the temporal aspects of the procedure for the removal of a member of a polling station commission in Russia. The legislator has established a reduced time frame for considering an administrative claim — it shall be considered no later than the day following the day it is received by the court. However, the courts interpret this provision in such a way that it allows them to notify a commission member of the hearing in an extremely short period of time. Moreover, the courts tend to schedule a hearing at the time when the vote counting procedure is underway, without taking into account the real need for the immediate removal of a member of a polling station commission. The author believes that such an approach violates constitutional requirements, since it deprives an administrative defendant of the opportunity to prepare for a case, find a qualified lawyer and collect evidence on time.

Mediation in administrative and legal disputes in Ukraine: a European perspective

The purpose of the article is to study the foreign and Ukrainian experience in the development of the institution of mediation in administrative and legal disputes. Research methods are analysis, synthesis, generalization, analogy, comparative law, analysis of court practice, and others. The article examines the requirements for a professional mediator as an element of the effectiveness of mediation in administrativelegal disputes and the European experience of normative-legal consolidation of the organization of mediation in administrative-legal disputes. The authors analyze the possibility of involving a notary as a qualified lawyer and mediator, especially in public legal disputes. The study provides examples of successful mediation implementation practices in the United States and European Union countries. In addition, the authors emphasized the need for institutional mediation to resolve administrative-legal disputes, taking into account their complexity, using France’s experience to improve publiclegal relations in Ukraine. It has been emphasized that mediation helps to reduce the burden on the judicial system, ensures a faster and more efficient resolution of administrative cases, and helps preserve the relationship between the parties, building trust between the state and the citizen.

The importance of the professionalism of the personnel service for the employer (in disputes about the dismissal of employees)

Labor disputes about reinstatement, especially of employees dismissed at the initiative of the employer, indicate that in most cases the employer fails to prove compliance with the procedure established by the Labor Code of the Russian Federation. Mistakes are made by employees of personnel services at the stage of the beginning of registration of personnel documents. Judicial practice today demonstrates the importance of having high-quality and qualified lawyers and HR specialists. And how bad it is that employers save on them, because, getting into a labor dispute in court, the employer loses the case and incurs even more costs.

The Qualified Lawyers Transfer Scheme: The Objective Structured Clinical Examination (OSCE) 2014–2022

The Qualified Lawyers Transfer Scheme: The Objective Structured Clinical Examination (OSCE) 2014–2022

ESSENTIAL GENERALIZATION OF THE RESULTS OF THE EMPIRICAL RESEARCH ON THE FORMATION OF THE READINESS OF FUTURE LAWYERS FOR LAW-MAKING ACTIVITIES

Relevance. The article interprets the results of an empirical study on the formation of the readiness of future lawyers for law-making activities based on the use of pedagogical stimulation methods and the introduction of developed pedagogical support, means, conditions and methods into educational activities. The training of future qualified lawyers is carried out in educational institutions of higher education, where a psychological and pedagogical process is built to form their readiness for law-making activities. The criteria for assessing the level of formation of the readiness of future lawyers for law-making activities in the course of the empirical study were: cognitive-legal; orientation-value; activity-creative. The criteria levels were familiarization-informational, professionally necessary, optimally sufficient. The use of these criteria for diagnostic purposes allows for a comprehensive assessment of the readiness of future lawyers for law-making activities.
 Materials and methods. As a methodological and practical tool for assessing the readiness of future lawyers for law-making activities, author’s questionnaires, testing, analysis of the results of extracurricular activities, academic performance and involvement in scientific research by students were used.
 The purpose of this study is to present and analyze the empirical data obtained during the pedagogical experiment on pedagogical stimulation of the formation of the readiness of future lawyers for law-making activities.
 The hypothesis of the study was the assumption that the consistent development and implementation of psychological and pedagogical support, conditions and means, as well as diagnostic criteria in educational activities will successfully stimulate the readiness of future lawyers for law-making activities.
 Research results. The data obtained as a result of the introduction of the developed conditions and means of pedagogical stimulation, as well as those obtained in the course of diagnostics during an empirical study, after appropriate adjustments to the content of education, confirm with a high degree of certainty the hypothesis of the study that the introduction of pedagogical support, conditions and means will be effective, and statistical processing of the obtained results testifies to their significance.

А.И. ИШАНОВ – ВЫДАЮЩИЙСЯ УЗБЕКСКИЙ УЧЕНЫЙ-ГОСУДАРСТВОВЕД

The article is dedicated to the memory of the teacher and mentor, the outstanding legal scholar Atabay Ishanovich Ishanov, as a tribute and honor for his many years of work in training highly qualified lawyers and great achievements in research activities to improve national statehood and develop the legal science of the country. In addition to the main biographical data, the Alma mater, that is, the years of study, the formation as a scientific researcher in the field of the history of the creation and development of national statehood in Uzbekistan, as well as the resolution of many theoretical problems of the nationwide state, which were embodied in the scientific works of A.I. Ishanov, a number of articles in the republican and allied press, in his editorial activities in relation to major scientific publications. Particular attention is paid to the scientific activity of A.I. Ishanov in the training of highly qualified scientific personnel from local nationalities (Uzbeks, Turkmens, Karakalpaks, Tajiks, Kirghiz, Kazakhs, etc.), characterizing A.I. Ishanov as an internationalist scientist. In addition to the recognition of Atabay Ishanovich Ishanov as a great figure in legal science, a recognized, well-known scientist, public figure, teacher, and mentor of all lawyers in Uzbekistan, his life is presented as a role model, a kind of standard in everything, from behavior in everyday life to legislative activity, in which it is surprising that he combined the best human qualities with excellent professionalism. In general, it should be noted the need for this article is designed to serve as a role model and a service in the preparation of the younger generation.

Legal education and modern challenges

Globalization, internetization, the closed world due to the spread of the coronavirus infection, the introduction of new forms of education, and other challenges of our time have a serious impact on education in general and on the quality of specialist training. The article examines the trends in the development of modern legal education and provides the recommendations for solving and overcoming the problems that arise in the implementation of the modern model of training highly qualified lawyers.

Thailand’s debut in investment treaty arbitration: the curious case of Walter Bau and its lessons for participants in international investment law

Abstract Thailand’s first experience with investment treaty arbitration has not been a pleasant one. Nevertheless, it offers important lessons to States, foreign investors, and arbitral tribunals regarding their respective participation in the process of decision-making. First, States must be meticulous in concluding investment treaties while bearing in mind that their subsequent practice affects the way those treaties are interpreted and applied. Second, foreign investors’ due diligence when making investments and their selection of a suitably qualified lawyer to represent them in arbitral proceedings will both affect the outcome of their case. Third, arbitral tribunals’ understanding of international law is critical for the credibility of investment treaty arbitration and will contribute to its legitimacy—or lack thereof. In fulfilling their role, arbitral tribunals should consider economic realities within the confines of an applicable investment treaty. Furthermore, to determine their jurisdiction ratione materiae and jurisdiction ratione personae for non-ICSID arbitration, they should adopt the single keyhole approach, following the definition of ‘investment’ and ‘investor’ given by the parties as lex specialis and acting in accordance with the principle of procedural economy.

Experience of European Countries in the Formation Priority Tasks and Development Strategies Training of Highly Qualified Lawyers

The question of having competent lawyers and judges is becoming increasingly important in the twenty-first century and is also attracting the attention of specialists from large law firms; students of educational institutions (lawyers, administrative staff); politicians and economic experts. Consequently, through the documentary method, this research work analyzes the problem of training highly qualified legal personnel, elaborating priority tasks and various development strategies. The authors examine the current situation in this area in European countries, emphasizing their experience. The article is addressed to experts in the field, such as specialists working in law firms (lawyers and staff), students of higher education institutions (lawyers, administrative staff), political scientists, economists, civil servants. It is concluded that competency-based education using cutting-edge technologies improves the educational system of Ukraine and, at the same time, adapts it to the standards of Western Europe with a gradual result of production of highly qualified lawyers.

СУДОВИЙ ПРЕЦЕДЕНТ ЯК ДЖЕРЕЛО ПРАВА В АНГЛО-АМЕРИКАНСЬКІЙ ПРАВОВІЙ СИСТЕМІ

The article deals with the issue of the features of the system of sources of law in various legal systems, which were formed in accordance with local traditions, taking into account external influences. One of the main problems considered in this article is the determination of the place of judicial precedent in the Anglo-American legal system, its significance in solving a particular case. This study raises the issue of the history of the emergence, development of judicial precedent as a legal phenomenon, its constituent elements and their role as an auxiliary element in the creation of the rule of law by the court and law enforcement, regardless of the level of the judiciary in the countries of the Anglo-American legal system. Unlike the system of sources of law in the continental legal system, where the main source of law is a law or a codified legal act, in the Anglo-American legal system, it is judicial precedent that is the main source of law, as a manifestation of common law. Historically, due to the large number of cases that needed to be decided first by non-professional judges, and then by qualified lawyers and the underdevelopment of the legal framework, such persons had to carry out an extensive interpretation of legal norms and sometimes create new ones with their own hands, interpreting them each time. So, after a certain period of time, the lawyers unified the decision of the judges, such collections became important when the court could refer to an already decided plot with the same factual circumstances and apply the “ratio decidendi” in a new case. After such a rapid development of judicial law in the Anglo-American legal system, it became quite clear that not only the highest courts can create a judicial precedent by their decision, but other courts of the general system have the right to do so: as courts of first instance (district courts), as well as appellate courts and, for example, the US Supreme Court. This raises the question of the legal force of such precedents, depending on the level of the court that created it. Therefore, this question is the next one, which is considered in this article. An important factor is the use of the comparative method of studying the above issues, and therefore a rather interesting point in the analysis of information is the comparison of the essence of judicial precedent in the continental legal system and the Anglo-American legal system.

Current state and perspectives of business mediation development in Ukraine

Recently, the mediation institution has become of great importance in developing Ukraine's legal dispute resolution culture. Under current conditions, Ukrainian society needs mediation in almost all legal relations. The establishment of several public organizations that distribute mediation in Ukraine is evidence of that. Today, society needs new, progressive, out-of-court dispute resolution methods between businesses, with minimal time and cost. There is currently a lack of adequate forms of conciliation in Ukraine, leading to overburdening court. Litigation is becoming a costly "red tape," as many cases are sometimes deliberately delayed. Highly qualified lawyers are generally unavailable to the vast majority of the citizens.
 One of the measures of decentralization that provided an opportunity to narrow the sphere of state influence on society and replace it - is the introduction of mediation as an alternative dispute resolution, particularly in business. In addition, the proliferation of mediation will help to reduce corruption in the judiciary, as the citizens and legal entities will be more likely to use out-of-court dispute resolution.
 In Ukraine, the introduction of the mediation institution, particularly as a method of business conflicts and dispute resolution, is at the initial stage, including the formation of organizational and legal conditions and the establishment of the system of mediation application in society.

On the tasks of the department of criminalistics in modern conditions

The current state of Russian jurisprudence can be assessed as satisfactory, but not good or excellent. It depends on many factors, but most of all on the results of legislative activity, which leaves much to be desired. The root of the evil here is seen in the low quality of law-making, as well as in the blatant instability of the current legislation, whatever its branch we take. The majority of our legislators are random people who, for one reason or another, are among the deputies of the State Duma or members of the Federation Council of the Federal Assembly of the Russian Federation. Legal education, they usually don’t have a legislative technique not know the fate of the country and its citizens are concerned, not always, that in the context of the global economic crisis, pandemic coronavirus COVID-19 and other global disasters is extremely dangerous in its consequences. Social life multiplies the challenges. Today, more than ever before, we need the ability to think, objectively analyze what is happening, cheer for the Motherland, do not forget about honor and conscience, both while studying at the University and in practice. This is what will greatly contribute to strengthening the legal profession, increasing its prestige and significance in the life of society and the state, and will help determine the optimal criteria for the formation of the personality of a highly qualified lawyer — a graduate of the Kutafin Moscow State Law University (MSAL).

Legal Regulation of Merchant Shipping (Review of the textbook “The Law of the Sea and International Maritime Business”)

The law of the sea is central to the modern international system and has a significant impact on the global economy. Its study is undoubtedly necessary for the education of highly qualified lawyers in the field of international law due to the fact that the safety of sea transport corridors plays a significant role in the development of international trade relations. Freedom of navigation practice in the post-industrial economy depends on the quality of the institutions of public maritime law and the efficiency of the execution of maritime contracts. Authors of the textbook made efforts to master the provisions of public maritime law in their relationship with the practices of merchant shipping, which is certainly interesting and useful due to the importance of maritime trade for achieving the sustainable development goals.

РОЛЬ ИГРОВЫХ ТЕХНОЛОГИЙ ОБУЧЕНИЯ В ПРОФЕССИОНАЛЬНОМ СТАНОВЛЕНИИ СТУДЕНТОВ - БУДУЩИХ ЮРИСТОВ

The article is devoted to identifying the role of gaming teaching technologies in the professional development of students - future lawyers. In the article, the author proves the thesis that gaming teaching technologies contribute to the implementation of such functions as: an activating function aimed at stimulating the cognitive interest of students both in theoretical knowledge and practical skills for the implementation of successful professional activities; developing, aimed at the formation of sustainable professional mobility on the basis of mastered professional and general professional competencies; psychological, which consists in the formation of the main mental cognitive processes, including: attention, imagination, thinking, speech, memory; communicative, aimed at developing the ability to business communication; educational, contributing to the regulation of interpersonal relations on the basis of social-perceptual interaction. Analysis and interpretation of the results of numerous studies made it possible to conclude in the article that in the course of the educational process, an integrated solution of the tasks of teaching, upbringing and the formation of the student's personality is carried out in the framework of training a highly qualified lawyer with the ability to fiercely compete in the modern labor market, expressing the most important guarantees of ensuring successful employment. The game technology of teaching in the article is presented as a reproduction of a genuine professional situation in which all students participate and have the opportunity to realize their individual status roles, in which simplified models of future professional activities are expressed. The main purpose of the article is to establish the role and place of gaming teaching technologies in the formation and development of a student's personality as a future qualified lawyer, ready for successful creative professional activity.

Promoting a Public Service Ethic in the Legal Profession in Kenya: The Imperative Role of Clinical Legal Education

AbstractThe taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, the taskforce made several proposals to tackle the problem, all directed at qualified lawyers. This article seeks to contribute to the deliberations anticipated from the findings of the taskforce, by suggesting instead that the problem of a declining public service ethic be addressed by targeting law students. Bringing students face to face with real clients and their needs can play an important role in broadening their horizons and shaping their beliefs about, and attitudes towards, the different possible careers they can pursue with their education. The article specifically recommends clinical legal education as a practical and comprehensive means by which students can be encouraged from early on to have an interest in pro bono and public service work.

Legal data extraction and possible applications

The functioning of the modern society provokes creation of significant number of documents, most of them in text form. Many of them are legally relevant and complex in nature, which makes their understanding difficult. They are written in nature language for people, which is hard for computer processing and hence hard for further analysis. Documents represent an abundance of data in unstructured form. They can be handled using NLP methodology. Different models, trained for specific use cases are used, depending on a type of legal document. Automation of number of processes can save time and speed up work on document processing. This, of course, does not rule out the need for highly qualified lawyers. The goal is to ease their work in terms of processing large amount of documents. Increased productivity should be beneficial for both natural and legal persons when working with textual and legal issues.

Can we really have confidence in a centralised Solicitors Qualifying Exam? The example of the Qualified Lawyers Transfer Scheme

Can we really have confidence in a centralised Solicitors Qualifying Exam? The example of the Qualified Lawyers Transfer Scheme