Legal Dispute Resolution Research Articles

Smell test: sphere transgressions and counter-transgressions in legal dispute resolution

ABSTRACT The article applies the critical lens of sphere transgression to the field of law, with a particular focus on legal dispute resolution. The engagement of technology corporations with dispute resolution is described in terms of either facilitation or disruption, depending on whether the corporations aim at modernizing the existing justice system, or substituting it with their own adjudicative institutions. The article argues that, while facilitation can be understood as a transgression of technology into the sphere of law, disruption ultimately amounts to a counter-transgression of law into the sphere of digital goods. These observations help illustrate the usefulness of sphere transgression as a critical lens.

Decisions related to binding information issued under the Union Customs Code

The research covers the issues related to the procedure for issuing decisions concerning binding information by the customs authorities of the Member States in the European Union. There is currently no in-depth elaboration on these issues. The legal framework is new and the practice of the administrative authorities competent to issue acts implementing the customs legislation reveals uncertainty and not yet good knowledge of it, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. The study is part of a larger study related to the administrative services provided by the customs administrations of the EU Member States and aims to clarify and analyse the issues at stake.

Introduction, Summary, Questions for the Future

Introduction, Summary, Questions for the Future

Metaverse electronic jurisdiction: challenges and risks of legal regulation of virtual reality

This article is a continuation of the study of the problems of legal regulation of the Metaverse presented in the work “Genesis of legal regulation web and the model of the electronic jurisdiction of the metaverse”. The article proposes the creation of an electronic jurisdiction and a model of Codes and laws of the Metaverse. Metaverse – the real world, legal disputes are often resolved through courts that operate under a certain jurisdiction. However, in the Metaverse, which is still in its early stages of development, there is no single jurisdiction that covers all of its activities. Therefore, there is an urgent need for electronic jurisdiction in the Metaverse. Electronic jurisdiction involves the application of both modern and traditional legal norms in the electronic space. This will provide for the resolution of legal disputes through an electronic court system that will operate using certain algorithms of the traditional judicial system and the latest legal norms. Electronic jurisdiction will include not only codes and laws, but also the Constitution of the Metaverse, the Report on Relict Technical Standards, Cybersecurity Rules, the Criminal Electronic Code, Military Regulations, and other regulatory legal acts.One of the main advantages of electronic jurisdiction in the Metaverse is that it will provide a reliable and consistent means of resolving disputes, thanks to the reliability of Metaverse technologies. The existence of an electronic court system will ensure fair and impartial resolution of disputes, regardless of where the parties involved are located.
 Another advantage of electronic jurisdiction is that it will help create a sense of trust and confidence in the Metaverse. Users will know that their rights are protected and that they have the means to resolve any disputes that may arise. This will create a more stable and secure environment for all participants, encouraging further growth and development of the Metaverse.

A Mini-Review of Current Activities and Future Trends in Agrivoltaics

Agrivoltaics (Agri-PV, AV)—the joint use of land for the generation of agricultural products and energy—has recently been rapidly gaining popularity, as it can significantly increase income per unit of land area. In a broad sense, AV systems can include converters of solar energy, and also energy from any other local renewable source, including bioenergy. Current approaches to AV represent the evolutionary development of agroecology and integrated PV power supply to the grid, and can result in nearly doubled income per unit area. AV could provide a basis for a revolution in large-scale unmanned precision agriculture and smart farming which will be impossible without on-site power supply, reduction of chemical fertiliser and pesticides, and yield processing on site. These approaches could dramatically change the logistics and the added value production chain in agriculture, and so reduce its carbon footprint. Utilisation of decommissioned solar panels in AV could halve the cost of the technology and postpone the need for bulk PV recycling. Unlike the mainstream discourse on the topic, this review feature focuses on the possibilities for AV to become more strongly integrated into agriculture, which could also help in resolution of relevant legal disputes (considered as neither rather than both components).

A legal dispute resolution intervention for patients with substance use disorders: a study protocol for a randomized controlled trial

BackgroundSubstance use disorders (SUDs) represent major public health concerns and are linked to enhanced risk of legal consequences. Unresolved legal issues may prevent individuals with SUD from completing treatment. Interventions aimed at improving SUD treatment outcomes are limited. Filling that gap, this randomized controlled trial (RCT) tests the ability of a technology-assisted intervention to increase SUD treatment completion rates and improve post-treatment health, economic, justice-system, and housing outcomes.MethodsA randomized controlled trial with a two-year administrative follow-up period will be conducted. Eight hundred Medicaid eligible and uninsured adults receiving SUD treatment will be recruited at community-based non-profit health care clinics in Southeast, Michigan, USA. Using an algorithm embedded in a community-based case management system, we randomly assign all eligible adults to one of two groups. The treatment/intervention group will receive hands-on assistance with a technology aimed at resolving unaddressed legal issues and the control group receives no treatment. Upon enrollment into the intervention, both treatment (n = 400) and control groups (n = 400) retain traditional options to resolve unaddressed legal issues, such as hiring an attorney, but only the treatment group is targeted the technology and offered personalized assistance in navigating the online legal platform. To develop baseline and historical contexts for participants, we collect life course history reports from all participants and intend to link those in each group to administrative data sources. In addition to the randomized controlled trial (RCT), we used an exploratory sequential mixed methods and participatory-based design to develop, test, and administer our life course history instruments to all participants. The primary objective is to test whether targeting no-cost online legal resources to those experiencing SUD improves their long-term recovery and decreases negative health, economic, justice-system, and housing outcomes.DiscussionFindings from this RCT will improve our understanding of the acute socio-legal needs faced by those experiencing SUD and provide recommendations to help target resources toward the areas that best support long-term recovery. The public health impact includes making publicly available a deidentified, longitudinal dataset of uninsured and Medicaid eligible clients in treatment for SUD. Data include an overrepresentation of understudied groups including African American and American Indian Alaska Native persons documented to experience heightened risk for SUD-related premature mortality and justice-system involvement. Within these data, several intended outcome measures can inform the health policy landscape: (1) health, including substance use, disability, mental health diagnosis, and mortality; (2) financial health, including employment, earnings, public assistance receipt, and financial obligations to the state; (3) justice-system involvement, including civil and criminal legal system encounters; (4) housing, including homelessness, household composition, and homeownership.Trial registrationRetrospectively registered # NCT05665179 on December 27, 2022.

CROSSING BORDER TRANSACTIONS: UNRAVELING THE INFLUENCE OF E-COMMERCE ON THE ADVANCEMENT OF TRANSNATIONAL BUSINESS LAW

Transnational transactions conducted through E-Commerce platforms open the gates of growth in the legal and economic spheres. In this regard, legislators should be able to create a transnational body of law as uniform rules and contractual patterns for commercial transactions conducted through e-commerce. Complex international business transaction activities such as investment, licensing, franchising, and so on have not escaped the development of e-commerce and the convenience that comes with it. The research uses a normative juridical approach and a descriptive analytical research method to describe the facts related to the problem being studied. Data collection is done through a literature study, searching for relevant data from various sources of primary and secondary legal materials related to the existing problems. The data is then analyzed qualitatively. Legal certainty in this case is rooted in matters that have been agreed upon by the parties and are mandated to continue to refer to the principles of international business transaction law and relevant international trade conventions or agreements. With the existence of e-contracts, agreements for transnational transactions can have permanent legal force and dispute resolution through litigation and non-litigation channels such as arbitration can be carried out virtually.

Jurisprudence of the State Administrative Court in the Development of State Administrative Law

The State Administrative Court is a judicial body that has absolute authority to examine and resolve disputes in the field of state administration. The development of the jurisprudence of the State Administrative Court (Peratun) is indispensable for the development of state administrative law. The issues studied are the role of jurisprudence in the field of state administrative law and the role of the State Administrative Court in providing access to justice. The method used in this study is library research, namely research whose object of study uses library data in the form of books as a data source. The Supreme Court has made efforts to strengthen jurisprudence so that it can support the development of administrative law. The judge's decision is needed as a source of law. This is because it stems from dynamic legal dispute resolution. Then, jurisprudence can bring social change to society. The judge's decision-making process is also faster than the law-making process. The absolute competence of the wider State Administrative Court can provide easy access to justice where the public can submit complaints about factual actions of the Government in the field of public law. Jurisprudence as a source of law is needed to develop state administrative law by taking into account the development of society, social conditions, legal and political conditions. Jurisprudence produces general principles of good governance so that they can be used to administer government wisely

Arbitration: The Art & Science of Persuasion

Amidst the vast ocean of books on international arbitration, this book is both unique and remarkable. It draws upon the vast experience of Klaus Reichert SC, a renowned international arbitrator and counsel, and Dr. Donald E. Vinson, a recognized leading authority in the application of behavioural science to legal dispute resolution, to identify the keys to persuading the arbitral tribunal at every stage and in every aspect of the arbitral process. The book is complemented by insightful anecdotal examples, for each topic covered, that have been provided by leading international arbitrators, corporate counsel and behavioural scientists.1 Practitioners in international arbitration will, over the years, have formulated general instincts as to what does and does not work before arbitrators in international arbitration. This book brings these instincts together into a coherent and scientific structure for the purposes of identifying which instincts to accept or reject and what will likely succeed or fail to persuade an international arbitrator. This book, therefore, provides the practitioner with the opportunity to convert instinct into a more scientific assessment and judgment for the purposes of identifying and formulating strategies and tactics. In the humble opinion of the reviewer, it is a ‘must’ read book.

Implementasi Hak Imunitas Advokat Dalam Melakukan Pembelaan terhadap Klien

Legal disputes are a constant in everyday people's lives. The legal dispute in question cannot be satisfied by using deliberation for consensus, so it must be satisfied by using legal channels. To assist in the resolution of such legal disputes, which must be confirmed by a court of law, professional legal advice is required. Professional advice in question can be obtained from legal advice given by a lawyer. Advocates as the only legal practitioners in Indonesia have the professional integrity needed to carry out their work. In particular, Article 16 of Law no. 18 of 2003 concerning Advocates states that advocates may not be contacted either privately or openly when launching their capacity to get clients. When the lawyers in question are giving legal advice, especially when they are negotiating with other parties, problems suddenly arise. Based on the results of research that the implementation of the advocate's immunity rights has not been fully implemented in accordance with the provisions in Article 16 of Law Number 18 of 2003 concerning Advocates. This can be seen from the majority of the opinions of law enforcement respondents in the City of Magelang and its surroundings. The factors that impede the implementation of advocate immunity rights are divided into l2 l(two), lnamely linternal lfactors l(advocate lbehavior lthat ldoes lnot lrespect lthe lcode lof lethics lof lthe ladvocate lprofession land ladvocate lorganizations lthat lare ldivided) land lexternal lfactors l(other llaw lenforcers l(investigators, lprosecutors, ljudges) l) land lthe lpublic l(opposing lparties lor lthe lvictim's lfamily) lwho ldo lnot lknow lor ldo lnot lunderstand land/or lunderstand lthe lexistence lof ladvocate limmunity lrights]. lThe lsolution lto lthis lproblem lis lto lform la lsingle lbar lfor ladvocate lorganizations l(single lbar) lthat lcan lmonitor ladvocate lbehavior land lcan ldefend ladvocate lrights lthat lhave lbeen lviolated land lestablish lproportional lcooperative lrelationships l(according lto ltheir lrespective lduties, lfunctions land lauthorities) lwith lother llaw lenforcers. l(investigators, lprosecutors, ljudges) lin lupholding lthe ljustice lsystem lin lIndonesia.

ЩОДО ВИЗНАЧЕННЯ ПРАВОВИХ ЗАСАД ЗАСТОСУВАННЯ ШТУЧНОГО ІНТЕЛЕКТУ ПРИ ЗДІЙСНЕННІ АДМІНІСТРАТИВНОГО СУДОЧИНСТВА В УКРАЇНІ

The article is devoted to the determination of the legal principles of the use of artificial intelligence in the implementation of administrative proceedings in Ukraine and the formation of the author's vision regarding their classification. It was considered in which international normative documents in one way or another the issue of using artificial intelligence in the administration of justice was regulated. In particular, it was established that the absence of a direct prohibition in the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) regarding the use of artificial intelligence in the administration of justice does not exclude the possibility of using these advanced technologies during the administration of justice. Particular attention is paid to the provisions of the Resolution on intellectual property rights for the development of artificial intelligence technologies, in the provisions of which there is a clear principle of distinguishing the features of the protection of creations created by humans with the help of artificial intelligence, and creations created by artificial intelligence itself. Attention is focused on certain norms of the European Ethical Charter regarding the use of artificial intelligence in judicial systems and their environment, and the main principles established in it, which must be followed in the field of artificial intelligence and justice, are listed. It has been found out which documents of the current national legal framework regulate to one degree or another the issues of using artificial intelligence in the process of administrative proceedings. It was established that the exclusion of the possibility of transfer of powers from the consideration and resolution of certain legal disputes by judges, as a constitutional principle of the administration of justice, does not directly indicate the prohibition of the use of artificial intelligence in the administration of justice by them, but on the contrary, it should effectively help in this process and contribute to the optimization of the work of the courts . Some norms of the legislation on copyright are analyzed in order to solve the question of whether the results of the functioning of artificial intelligence fall under the protection of copyright. It is emphasized that the use of information technologies in the form of artificial intelligence is subject to the national legislation on copyright. When studying the national legislation on administrative proceedings, it was concluded that the absence of a direct rule on the prohibition of the use of artificial intelligence in the implementation of administrative proceedings indicates the possibility of using these latest information technologies in this process. The main provisions of the Concept of the development of artificial intelligence in Ukraine, operating in Ukraine, were considered, as a result of which a normative definition of the term "artificial intelligence" was provided and the main tasks of the development of artificial intelligence in the field of justice were reflected. Key words: legal principles, justice, administrative proceedings, artificial intelligence, information technologies.

The role of the judiciary in the transformation of the ratio of public and private interests in criminal proceedings in Russia

The article analyzes the genesis, current state and prospects in the legal regulation of the ratio of public and private principles in criminal proceedings. The author substantiates that, despite the fact that criminal procedural activity has a public character, nevertheless, this activity is intended primarily to protect the private interests’ victims of crimes and persons subjected to criminal prosecution, as follows from Part 1 of Article 6 of the Criminal Procedure Code of the Russian Federation. The historical pattern of the development of Russian statehood indicates an inevitable conflict between by the state in the person of its officials carrying out criminal prosecution, and by a person in such a public sphere of legal relations as criminal proceedings. The problem of the correlation of public and private interests needs serious research. The author comes to the conclusion that the legislator is currently making successful attempts to expand the dispositive principles in criminal proceedings by creating the necessary conditions for the parties to exercise the rights granted to them to defend their legitimate interests during criminal proceedings. The result of theoretical studies of this problem is also seen as the improvement of the legal regulation of judicial activity, due to the need to strengthen the judiciary as an important factor, influencing the provision of the parties with real and equal rights to participate in the resolution of legal issues, disputes or conflicts in criminal proceedings, for which it is necessary to endow the court with a broader set of decision-making powers that guarantee the protection of human and civil rights and freedoms, as well as their equality before the law and the court. In this regard, the article considers the problem of filling public criminal procedural activity with dispositive principles through the prism of strengthening the judiciary.

Blockchain Technology and Smart Contracts Revolutionizing Legal Processes and Dispute Resolution

Blockchain Technology and Smart Contracts Revolutionizing Legal Processes and Dispute Resolution

Implementation of Administrative Data in the Production of Official Statistical Information in the Field of Public-Legal Relations

The article examines the issue of statistics on the resolution of public legal disputes and the possibility of its implementation in the production of official statistics. The problem of the formation of statistical reporting by the judicial bodies of Ukraine in the field of public-legalrelations as administrative data is considered. Methodological regulations on the organization of state statistical surveillance on the consideration of cases of administrative offenses and persons brought to administrative responsibility in Ukraine were analyzed. It was established that the existing tools for committing administrative offenses do not reflect the current state and dynamics. Conclusions were drawn on the relevance of developing and approving such methodological provisions to replace those that have lost their validity.
 Particular attention is focused on the study of the experience of the Federal Republic of Germany in the field of administrative proceedings, in particular, the methodology of statisti­cal observation of administrative proceedings, introduced by the Federal Statistical Service of the country, is considered. The regulatory framework, on the basis of which the statistical observation of the resolution of public legal disputes by administrative courts functions in the Federal Republic of Germany, is considered. A conclusion was formed about the expediency of borrowing similar experience and introducing similar statistical observation in Ukraine.
 The research substantiates the need to develop methodological provisions for the new state statistical observation “Execution of administrative proceedings”, which will contribute to ensuring access and transparency to indicators of the procedural activity of administra­tive courts, reflecting the problems of law enforcement practice and the effectiveness of the judicial form of protection against violations committed by state authorities.

TINJAUAN YURIDIS ASAS PERADILAN SEDERHANA CEPAT DAN BIAYA RINGAN TERHADAP PUTUSAN EKONOMI SYARIAH PENGADILAN AGAMA KOTA MALANG TAHUN 2019

The existence of contract furtherly sharia economic contract can’t avoid from dispute’s risk. According of Act Number 3 of 2006 about Islamic Court, legal dispute resolution of sharia economic dispute is being Islamic Court’s authority. One of Islamic Court in Indonesia is Malang City Islamic Court which is must obey the principle of simple justice, quick, and low cost including SEMA Number 3 of 2014. From the beginning of observation, Malang City Islamic Court disobeying the principle of simple justice, quick, and low cost which implemented in SEMA Number 3 of 2014. The focus of this research is (1) what is the concept of the principle of simple justice, quick, and low cost in Indonesian’s act? And (2) what is legal view of the principle of simple justice, quick, and low cost about sharia economic verdict at Malang City Islamic Court in 2019? This research using library research and statue approach, also using legal material in the form of primary legal material, secondary legal material, and tertiary legal material for the example books, journals, acts, legal dictionary, etc. And then all of those legal material will be adjusted within the object of this research. The result of this research is the concept of the principle of simple justice, quick, and low cost can called principle is just because fulfill the meaning of legal principle and the function of legal principle. The principle of simple justice, quick, and low cost have been implemented in various judicial procedural law at Indonesia. Sharia economic verdict at Malang City Islamic Court in 2019 from legal view still can’t obey the principle of simple justice, quick, and low cost and also SEMA number 2 of 2014.

Mediation in administrative proceedings: European experience for Ukraine

The article reveals the European experience of using mediation in administrative proceedings and the implementation of its best practices in Ukraine. Mediation in administrative proceedings has successfully proven itself in European countries. The tradition of alternative resolution of public legal disputes exists in Great Britain, Ireland, Germany, France, the Netherlands, Norway and other countries. The ability to use mediation in administrative proceedings is substantiated, the effectiveness of which depends on the peculiarities of each legal system, the organization of public administration and the existing practice of resolving public legal disputes.
 It is indicated that the Code of Administrative Procedure of Ukraine, the Law of Ukraine «On Mediation» are favorable for the use of mediation. The main problem of implementing mediation in administrative proceedings lies in the political will and legislative capabilities of the subjects of power. A certain category of public-law disputes can potentially be resolved through mediation, provided there is a more stable practice and demarcation of discretionary powers of the relevant subjects.
 It is proposed to continue to introduce pilot projects on mediation, in particular in tax disputes, as well as with the participation of local self-government bodies, with further scaling to the entire territory of Ukraine. The necessity of continuing the training of mediators, who would have knowledge of highly specialized legal norms in the field of law and public administration (concerning licensing, registration procedures, property valuation, assessment of taxes or social assistance, etc.) is indicated. It is recommended to introduce relevant disciplines into educational programs, to introduce certificate courses for training mediators that would form relevant competencies, to conduct a large-scale company to popularize procedures for resolving public legal disputes through mediation.

Access to justice in the digital era

Developments in digital technologies have induced profound changes in the way legal services and legal dispute resolution bodies operate. But little is known about how the use of digital technologies in the field of law affects access to justice (A2J) for individuals and businesses. Digital technologies are often seen as enhancing A2J. Yet, empirical research into the (presumed) advantages and disadvantages of the use of digital applications for A2J is lacking. The aim of this special issue is to contribute to the empirical evidence base.The various contributions demonstrate that some types of digitalization provide better A2J because they broaden ways to contact institutions, make access cheaper or enable case processing in times of emergency, such as a pandemic. Despite these positive aspects, there are also challenges related to A2J, namely negative consequences of remote communication for the quality of procedures and participation of litigants; failure of technological solutions to deliver promised benefits; and difficulties of access for persons with poor digital capabilities or in vulnerable conditions.

Initiating The ASEAN Arbitration Board as a Forum for Settlement of Investment Legal Disputes in The Framework of Integration of The ASEAN Economic Community (AEC) Region

The impact of liberalization and globalization of the world economy is that all countries in the ASEAN region, have become an area of a borderless economic community (AEC). This has triggered an increase in the foreign investment business and its legal disputes, which of course need legal certainty for dispute resolution. The parties must resolve it through general courts (litigation), or alternative dispute resolution out of court or arbitration (non-litigation). Therefore, it becomes a legal issue: what are the legal aspects of resolving legal disputes between the Indonesian government and foreign investors; and what efforts should be made to facilitate the settlement of investment law disputes, within the framework of regional integration of the ASEAN economic community? This study aims to analyze investment dispute resolution and the idea of establishing an MEA arbitration body as a forum for resolving investment legal disputes between business actors. This study uses a normative juridical method, which is based on library research to obtain secondary data, sourced from primary, secondary, and tertiary legal materials. The specifications of the analytical descriptive research describe the establishment of the MEA arbitration body and the potential positive impacts. The data analysis method used is juridical qualitative. The results of the study indicate that the development of investment business legal dispute resolution in the MEA area requires the AEC Arbitration Board as a forum for resolving investment disputes between business actors, mainly due to differences in legal systems between countries.

Perlindungan Hukum Terhadap Konsumen Yang Terlibat Dalam Transaksi Jual Beli Pada Media Sosial Instagram

In online buying and selling, it can be known as e-commerce, with e-commerce, sellers and buyers can carry out transactions without meeting in person. This study aims to determine legal protection, dispute resolution and rights received by consumers in buying and selling transactions on online media. In this study the authors used empirical research methods. The data taken in the form of secondary and primary data, secondary data obtained from interviews of two informants who have cases related to purchases on Instagram social media. Primary data were obtained from Civil Laws, literature studies and various articles related to the problems studied. The results obtained from this paper that legal protection for consumers who feel aggrieved due to unscrupulous producers has been regulated in Law no. 8 of 1999. However, if the number of the irresponsible business actor cannot be contacted, the consumers who are victims will be able to make efforts to seek compensation for this matter and report it to law enforcement officials.

Geleneksel Kazak Toplumunda Biy Mahkemeleri (XVIII-XIX. Yüzyıllar)

XVIII-XIX. yüzyıllarda Kazakların toplumsal ve ekonomik ilişkilerindeki hukuki anlaşmazlıkların çözümünde biy (kadı, hakim) denilen geleneksel yargıçların etkin bir rol aldığı görülmektedir. Kazaklarda yargısal süreçlerin ve adli-idari ilişkilerin düzenlenmesinin temelini atan Kasım Han’ın oluşturduğu Kasım Hanın Kaska Jolı=Kasım Han’ın Doğru Yolu yasası ile bu yasayı daha da geliştirerek etkin bir hale getiren Esim Hanın Eski Jolı=Esim Han’ın Eski Yolu ve Tavke Han’ın Jeti Jargı=Yedi Yargı” yasası olduğu bilinmektedir. Oluşturulan bu yasalarda Biy Mahkemeleri, yalnızca bir yargı görevini yürütmekle sınırlı kalmamış aynı zamanda Kazak toplumunun adlî ve idarî işlerinden yetkili merci görevini de yürütmüştür. Biyler, göçebe Kazakların toplumsal yaşamında ve devlet kurumlarının işleyişinin şekillenmesinde yargı gücünü elinde tutan önemli bir mevkide yer almışlardır. Bu çalışmada, Kazak toplum yapısında biylerin ortaya çıkışı, biy mahkemesinin gelişimi ve karakteristik özellikleri üzerinde durulmuştur.