Unfair Behavior Research Articles

ПРЕДВЗЯТОСТЬ АЛГОРИТМОВ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА: ВОПРОСЫ ЭТИКИ И ПРАВА

Introduction: this paper focuses on the legal problems of applying the artificial intelligence technology when solving socio-economic problems. The convergence of two disruptive technologies – Artificial Intelligence (AI) and Data Science – has created a fundamental transformation of social relations in various spheres of human life. A transformational role was played by classical areas of artificial intelligence such as algorithmic logic, planning, knowledge representation, modeling, autonomous systems, multiagent systems, expert systems (ES), decision support systems (DSS), simulation, pattern recognition, image processing, and natural language processing (NLP), as well as by special areas such as representation learning, machine learning, optimization, statistical modeling, mathematical modeling, data analytics, knowledge discovery, complexity science, computational intelligence, event analysis, behavior analysis, social network analysis, and also deep learning and cognitive computing. The mentioned AI and Big Data technologies are used in various business spheres to simplify and accelerate decision-making of different kinds and significance. At the same time, self-learning algorithms create or reproduce inequalities between participants in circulation, lead to discrimination of all kinds due to algorithmic bias. Purpose: to define the areas and directions of legal regulation of algorithmic bias in the application of artificial intelligence from the legal perspective, based on the analysis of Russian and foreign scientific concepts. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: artificial intelligence has many advantages (it allows us to improve creativity, services and lifestyle, to enhance the security, helps in solving various problems), but at the same time it causes numerous concerns due to the harmful effects on individual autonomy, privacy, and fundamental human rights and freedoms. Algorithmic bias exists even when the algorithm developer has no intention to discriminate, and even when the recommendation system does not accept demographic information as input: even in the absence of this information, due to thorough analysis of the similarities between products and users, the algorithm may recommend a product to a very homogeneous set of users. The identified problems and risks of AI bias should be taken into consideration by lawyers and developers and should be mitigated to the fullest extent possible, both when developing ethical principles and requirements and in the field of legal policy and law at the national and supranational levels. The legal community sees the opportunity to solve the problem of algorithmic bias through various kinds of declarations, policies, and standards to be followed in the development, testing, and operation of AI systems. Conclusions: if left unaddressed, biased algorithms could lead to decisions that would have a disparate collective impact on specific groups of people even without the programmer’s intent to make a distinction. The study of the anticipated and unintended consequences of applying AI algorithms is especially necessary today because the current public policy may be insufficient to identify, mitigate, and remedy the effects of such non-obvious bias on participants in legal relations. Solving the issues of algorithmic bias by technical means alone will not lead to the desired results. The world community recognizes the need to introduce standardization and develop ethical principles, which would ensure proper decision-making with the application of artificial intelligence. It is necessary to create special rules that would restrict algorithmic bias. Regardless of the areas where such violations are revealed, they have standard features of unfair behavior of the participants in social relations and can be qualified as violations of human rights or fair competition. Minimization of algorithmic bias is possible through the obligatory introduction into circulation of data in the form that would not allow explicit or implicit segregation of various groups of society, i.e. it should become possible to analyze only data without any explicit attributes of groups, data in their full diversity. As a result, the AI model would be built on the analysis of data from all socio-legal groups of society.

Herding, Warfare, and a Culture of Honor: Global Evidence

According to the widely known ‘culture of honor’ hypothesis from social psychology, traditional herding practices are believed to have generated a value system that is conducive to revenge-taking and violence. We test this idea at a global scale using a combination of ethnographic records, historical folklore information, global data on contemporary conflict events, and large-scale surveys. The data show systematic links between traditional herding practices and a culture of honor. First, the culture of pre-industrial societies that relied on animal herding emphasizes violence, punishment, and revenge-taking. Second, contemporary ethnolinguistic groups that historically subsisted more strongly on herding have more frequent and severe conflict today. Third, the contemporary descendants of herders report being more willing to take revenge and punish unfair behavior in the globally representative Global Preferences Survey. In all, the evidence supports the idea that this form of economic subsistence generated a functional psychology that has persisted until today and plays a role in shaping conflict across the globe.

Some aspects of the historical development of abuse of right in civil proceedings

The article is the study of certain periods of the development of abuse of right in civil proceedings. It is noted that one can foundthe first references to the abuse of right and its consequences for the legal order as a whole, as well as prototypes of liability for its commission,in the ancient documents of Roman law.
 It is substantiated that the Romans, in their understanding of the limits of the exercise of subjective rights, worked the way upfrom giving absolute freedom in its exercise to identifying typical cases of unfair behavior and reasonably prohibiting it in case of intentionsto cause harm to others. Actually, the intentions to cause harm to another person by one’s actions became one of the reasons forthe legislative description by Roman lawyers of the proper use of subjective right and the introduction of targeted restrictions on itsexercise, especially in the field of real estate.The abovesaid is mainly related to the subject of material civil law, however, it also matters for understanding the general contextof the development of the doctrine of abuse of right. The issues of the procedure for the enforcement of law, though not separated frommaterial law, were slightly developed in Roman law. In this regard, the concept of a lawsuit was of particular importance to the Romans.It is significant that even in Roman law, when determining the procedure for adjudicating disputes, special attention was drawnto the possible unfair actions of the litigation parties and methods of dealing with such actions. It was mainly about typical cases of fi -ling a case without merit or objecting to it.The study indicates that in spite of the collapse of the Roman Empire, the main developments and achievements of Romanlawyers in the field of private law were not lost. On the contrary, later they came into widespread use. The evidence of it is, for example,the so-called Italian canonical trial.According to some researches, in the legislation of this period, one can also find the reference to the prohibition of chicanery,that is actions formally meeting legal requirements, but carried out solely for the purpose of causing harm.It is proved that the search for the most effective means of dealing with the abuse of right continued at a new stage in the deve -lopment of the legal system of European states and owing to their successful reception of Roman law. The civil procedural legislationof Germany, France and England, having adopted the Roman idea on preventing the unlawful exercise of subjective right, demonstratedthe main approaches to a possible solution to the problem of abuse of civil procedural rights.

BEHAVIOURAL SUPERVISION OF THE BANK OF RUSSIA IN PROTECTION OF FINANCIAL SERVICES CONSUMERS' RIGHTS

The article is devoted to a new type of supervision of financial market participants - behavioral supervision of the Bank of Russia. Behavioral approach to the protection of financial services consumers rights is treated in the zone of action of the administrative-legal regulation mechanism. The authors point to the public nature of the subject composition of its implementation (the Bank of Russia and the executive authorities); the possibility of using the judicial (consideration of citizens' appeals) and (as a result) jurisdictional (bringing the violators of the financial services consumers rights to administrative responsibility) procedural administrative and legal algorithms. The article outlines the types of the behavioral supervision regime of the Bank of Russia. Reactive behavioral supervision is a reaction of the Bank of Russia to complaints or received information about unfair behavior of the financial company towards the consumer. Preventive behavioral supervision is associated with the prevention of serious violations of citizens rights by supervised organizations. Particular attention is paid to consumer risks, the identification of which is one of the goals of behavioral supervision. Supervisory behavioral aspects are closely associated with the financial consumer protection as an important part of the control and supervising activity of the Bank of Russia. Also, the authors analyze the goals and content of behavioral approach to the financial management aimed at minimizing unfair practices. To gain the aim of the research the authors apply general scientific methods (synthesis and analysis, induction and deduction, generalizations) and special methods (formal-legal method). By using general scientific methods and formal-legal method authors investigate the organizational and legal basis for the implementation of behavioral supervision in Russia and determine its advantages and disadvantages. The study expresses assertion that there is the need to place behavioral supervision in the legislative framework, to formulate a definition of behavioral supervision, to clarify the scope and powers of the subjects of its implementation, to determine the content of administrative procedures for the implementation of various types of behavioral supervision within the framework of the interaction of the Bank of Russia and the executive bodies involved in its implementation.

Yeni İş Bulmak Zor Diye Adaletsizliğe Katlanmak mı Yoksa Gemileri Yakıp Ayrılmak mı

It is well known that unfair practices in organizations affect employees' intention to quit their job or actual turnover. However, in countries with high unemployment rates, the effect of unfair practices on the intention to quit the job and on actual turnover will not be the same. In countries with low employment opportunities, employees may be expected to endure unfair practices and to continue to remain in the organization. The aim of this study designed with these assumptions is how unfair practices in organizations shape the employees' actual turnover. Qualitative research conducted for this purpose, interviews were carried out with 20 people who were quitted from their previous job voluntarily. As a result of the analyses conducted with the descriptive analysis technique, it was found that unfair practices in the organizations were the major reasons for the actual turnovers. In addition, the main reason for these actual quits was the unfair distribution of the resources and the unfair behavior of their managers. The other results were discussed in the conclusion section.

ResIoT: An IoT social framework resilient to malicious activities

The purpose of the next internet of things (IoT) is that of making available myriad of services to people by high sensing intelligent devices capable of reasoning and real time acting. The convergence of IoT and multi-agent systems (MAS) provides the opportunity to benefit from the social attitude of agents in order to perform machine-to-machine (M2M) cooperation among smart entities. However, the selection of reliable partners for cooperation represents a hard task in a mobile and federated context, especially because the trustworthiness of devices is largely unreferenced. The issues discussed above can be synthesized by recalling the well known concept of social resilience in IoT systems, i.e., the capability of an IoT network to resist to possible attacks by malicious agent that potentially could infect large areas of the network, spamming unreliable information and/or assuming unfair behaviors. In this sense, social resilience is devoted to face malicious activities of software agents in their social interactions, and do not deal with the correct working of the sensors and other information devices. In this setting, the use of a reputation model can be a practicable and effective solution to form local communities of agents on the basis of their social capabilities. In this paper, we propose a framework for agents operating in an IoT environment, called ResIoT, where the formation of communities for collaborative purposes is performed on the basis of agent reputation. In order to validate our approach, we performed an experimental campaign by means of a simulated framework, which allowed us to verify that, by our approach, devices have not any economic convenience to performs misleading behaviors. Moreover, further experimental results have shown that our approach is able to detect the nature of the active agents in the systems (i.e., honest and malicious), with an accuracy of not less than 11% compared to the best competitor tested and highlighting a high resilience with respect to some malicious activities.

Coronavirus Pandemic 2019-nCoV (COVID-19) as Force Majeure

The paper is devoted to the legal analysis of the consequences of a new coronavirus infection, due to which the World Health Organization declared a pandemic. By its nature, this infectious phenomenon refers to a force majeure event. Within the framework of the scientific research, the author describes the concept of force majeure, as well as the features of emergency and unavoidability that make up this legal category. In addition, a number of regulatory legal acts regulating public relations in this area are subject to legal analysis, both adopted earlier and published literally from the very beginning of the spread of coronavirus infection throughout the territory of the Russian Federation. Along with the analysis of the regulatory legal acts, the paper also provides judicial practice on the issue under consideration. Based on the legal analysis of the issues under study, it is concluded that adequate legal regulation of the consequences of the coronavirus infection within the framework of relations between civil law subjects will guarantee the participants mutual bona fide behavior in accordance with the norms established by civil law, and in the case of unfair behavior — the implementation of civil liability measures for such subjects. In conclusion, it is noted that prompt and qualitative regulation of the consequences of the coronavirus infection is one of the key tasks in the legal field in the current situation, since contract law, which includes provisions on force majeure, plays an important role in the development and maintenance of stability of civil turnover, providing all its participants with legal guarantees for the implementation of the basic norms and rules established in the Civil Code of the Russian Federation concerning the conclusion and execution of contracts.

Recognition of Social Rule Violation in "Deficit Syndrome" Schizophrenia: A Study Using Economic Games.

Aberrant social behavior is a frequent clinical feature of schizophrenia and seems related to the duration and chronicity of the disorder. However, there is a paucity of research into the relationship between social behavior and social cognition in patients with severe chronic courses of schizophrenia. Accordingly, the present study sought to examine the appreciation of social rules and norms such as fairness and cooperation in schizophrenia patients who fulfilled the criteria for “deficit syndrome”. To this end, we utilized a so-called Ultimatum Game, and a Dictator Game, in which participants had the option to punish others’ unfair behavior. In addition, “theory of mind”, the ability to appreciate others’ mental states, was also examined using the Mental State Attribution Task (MSAT). Symptom severity was determined using the Positive and Negative Syndrome Scale. While patients with deficit schizophrenia responded to varying levels of fairness in similar ways to controls, the patients accepted fewer fair offers and engaged less in third-party punishment. Impaired theory of mind in patients reduced the latter, but not the former, group difference to non-significance. No significant correlations emerged between symptom severity and task performance. Together, these findings suggest that the understanding of others’ minds partly contributes to the appreciation of social rules and norms in patients with severe chronic courses of schizophrenia.

Loyalty over Fairness: Acceptance of Unfair Supreme Court Procedures

Evidence of procedural fairness leads individuals to support Supreme Court decisions, even ones with which they disagree. Yet, in some settings, unfair behavior is seen as acceptable, even praiseworthy, if it yields a pleasing outcome for one’s group. The loyalty norm occasionally trumps the fairness norm, and group loyalty has taken on increasing importance in American politics. I use a nationally representative survey with an embedded experiment, and a convenience sample survey experiment, to relate group (i.e., partisan) loyalty and perceptions of (un)fair behavior to support for the Court. I find that when group concerns are unclear, individuals tend to punish the Court for unfair behavior. However, despite conventional wisdom regarding fairness and support, individuals fail to censure unfair behavior when their group benefits from the Court’s impropriety. These effects hold when integrating preferences regarding specific case outcomes. Perceived unfair procedures do not universally harm evaluations of the Supreme Court.

How Reputation Systems Change the Psychological Antecedents of Fairness in Virtual Environments

Reputational systems promote pro-social behaviors, also in virtual environments, therefore their study contributes to the knowledge of social interactions. Literature findings emphasize the power of reputation in fostering fairness in many circumstances, even when its influence is not directly oriented towards specific individuals. The present study contributes to the investigation of the psychological antecedents of fairness, introducing (or not) reputation in the social dilemma framework. Although reputational systems usually influence fairness dynamics, there are also socio-psychological characteristics that can play a role, affecting the adhesion to the norm online. To investigate their effects, we employed a virtual bargaining game that could include a reputational system depending on the experimental condition. Results show that the participant’s fairness could be significantly influenced by socio-psychological and demographic characteristics, as well as personality traits. Reputation seems to decrease fairness in those individuals who report high levels of Neuroticism and Openness. At the same time, high values of Self-Efficacy appear to be more likely associated with unfair behaviors when reputation is off the bargaining. Finally, Age and Sense of Community emerge as fairness promoters regardless of the experimental condition.

Blockchain as a Tool to Protect Against Unfair Actions in Issuing Digital Banking Guarantees

The paper is devoted to the analysis of the legal regulation and practice of issuing digital banking guarantees using blockchain technology in Russia and the Republic of Belarus. The author concludes that the blockchain technology allows us to reduce the time necessary to issue digital bank guarantees in comparison with other ways of issuing bank guarantees. Higher security level can be provided due to the special properties of the technology used to carry out data transfer, its reporting and storage. The paper also deals with the characteristics of blockchain technology that improve protection of participants from unscrupulous actions that can take place during such actions as data encryption, the use of encryption keys and recording in the block chain. The paper examines the experience of the National Bank of the Republic of Belarus regarding the use of blockchain technology to issue and record bank guarantees. The author investigates cases when Russian banks issued bank guarantees using the Masterchain platform and prospects of development of a digital form for guarantees. In addition, the paper concludes that maintaining a ledger working on the basis of blockchain technology for accounting digital bank guarantees will minimize unfair behavior in case of their counterfeiting.

Work-related stress among health professionals in Swiss acute care and rehabilitation hospitals-A cross-sectional study.

This study aimed to identify significant work stressors associated with stress symptoms, job satisfaction, intention to leave and health-related outcomes among health professionals. The workforce shortage of health professionals is a current concern, and a reduction of work-related stress is thus essential for retaining health professionals. Studies on the extent of work-related stress in different health professions are limited. The research was conducted with a cross-sectional study encompassing 26 randomly selected acute care and rehabilitation hospitals. The sample consisted of 3,398 health professionals. The study was undertaken in accordance with the STROBE checklist for observational studies. Work-private life conflicts were significantly associated with health professionals' stress symptoms, job satisfaction, intention to leave the organisation and profession, their general health status, burnout symptoms and quality of sleep. Also, opportunities for development and the behaviour of the direct line manager (e.g. quality of leadership, unfair behaviour, rewards given) along with various profession-specific stressors were the important predictors revealed. This study shows the high relevance of preventing and reducing work-private life conflicts, enhancing leadership qualities as well as opportunities for development among health professionals working in acute care and rehabilitation hospitals. Also, differences between health professions should be taken into consideration in developing strategies for reducing stress at work. The results of this study are particularly relevant for health professional leaders and reveal the urgent need in hospital practice for effective strategies to improve health professionals' work-private life balance, opportunities for development and quality of leadership.

Minding the Gap

Online and offline, relations between consumers and businesses are most frequently governed by consumer standard form contracts. For decades such contracts have been assumed to be one-sidedly biased against consumers. Consumer law seeks to alleviate this bias and empower consumers. Legislatures, consumer organizations, scholars and judges constantly look for ways to protect consumers from unscrupulous firms and unfair behaviors. While consumers-businesses relations are assumedly administered by standardized contracts, firms do not always follow these contracts in practice. Sometimes there is significant disparity between what the written contract stipulates and what consumers experience de facto. Interestingly, firms often deviate from the written contract in favor of consumers, thus creating a gap (“the Gap”). In other words, firms often take a lenient approach despite the stringent written contracts they draft. This article examines whether, counter-intuitively, policy makers should add firms’ leniency to the growing list of firms’ suspicious behaviors. The article proposes that firms’ lenient approach, coupled with online tools and human psychology, may occasionally have surprising and harmful qualities. It illustrates how technological changes can turn the Gap into a key component in consumers' understanding, or perhaps misunderstanding, of consumer contracts. It examines when firms’ leniency should be considered manipulative or exercised in bad faith. It then explores whether firms should be allowed to enforce the written contract even if they deliberately and consistently deviate from it. The main contribution of this article is threefold: First, it points to the Gap and examines its foundations and origins. Second, it illustrates how the Gap complicates the interplay between reputation, conduct, trust and the need to protect consumers. By doing so, it demonstrates that the prevailing view concerning the Gap is seriously incomplete. While it is generally believed that the Gap is harmless or even desirable, we show that it might have serious adverse effects. The article asserts that, at the end of the day, the Gap may blend into a toxic mix that distorts consumers’ perception and undermine rational decision-making. Third, it identifies key questions policy makers and courts should consider in respect of this said Gap.

In Praise of Indignation

As a survivor of interpersonal violence and expert in recovery from relational abuse, I instinctively reacted with indignation when I recognized Trump as an abusive personality. Indignation advocates righteous anger in opposition to immoral, disgusting, or unfair behavior aimed at reducing the dignity of others. Accessing indignation to confront abusers is essential for the health of interpersonal relationships. In the same way, I had a moral obligation to be a truth-teller about Trump in service of the country. Prosocial emotions help manage antisocial behaviors universally judged as nonreciprocal. When Trump’s mental health was first discussed, I predicted it would be frustrating, because the medical model of psychiatry has lost its way in many regards, notably its disavowal of the role of emotions. Evolution designed emotions as essential guides for healthy human relationships. A case formulation model I designed advocates identifying those like Trump as other-blamers—people with low self-worth who manage shame and social downranking by blame-shifting. They are attracted to partners with low self-worth who readily accept blame ( self-blamers). The profession should educate on the power of shame, the widespread harms of narcissistic abuse, and help clients access indignation and assertiveness. Moral elements should be reintegrated into psychology.

Where to draw the line: honor mindset increases retaliation in response to unfair behavior

Past research has linked honor to a higher tendency for retaliation. A common method is to compare groups that are either low or high in honor. While effective, this does not account for within-group variation, nor isolate honor as a distinct construct from alternative differences between groups that might affect the outcome. In the current study we investigated honor as a cultural mindset, using priming methodology in both Dutch participants (who are typically low in honor endorsement) and Dutch-Turkish and Dutch-Moroccan participants (who are typically high in honor endorsement), while controlling for trait endorsement of honor values. To quantify retaliation, we used two social dilemmas: presenting an unequal offer in the Ultimatum Game, and chips being taken in the Justice Game. The results showed that priming honor resulted in an increased willingness to pay for punishment in the Justice Game, but not higher rejection in the Ultimatum Game. This suggests that unfairness by itself is not sufficient to trigger retaliation; rather, a pronounced transgression is required—in this case something being taken what is considered rightfully yours. Furthermore, decision-making in both social dilemmas was not associated with cultural background or honor endorsement. This indicates that an honor mindset needs to be salient to affect decision-making, and can affect behavior over and above the endorsement of honor values.

Differentially Private and Fair Classification via Calibrated Functional Mechanism

Machine learning is increasingly becoming a powerful tool to make decisions in a wide variety of applications, such as medical diagnosis and autonomous driving. Privacy concerns related to the training data and unfair behaviors of some decisions with regard to certain attributes (e.g., sex, race) are becoming more critical. Thus, constructing a fair machine learning model while simultaneously providing privacy protection becomes a challenging problem. In this paper, we focus on the design of classification model with fairness and differential privacy guarantees by jointly combining functional mechanism and decision boundary fairness. In order to enforce ϵ-differential privacy and fairness, we leverage the functional mechanism to add different amounts of Laplace noise regarding different attributes to the polynomial coefficients of the objective function in consideration of fairness constraint. We further propose an utility-enhancement scheme, called relaxed functional mechanism by adding Gaussian noise instead of Laplace noise, hence achieving (ϵ, δ)-differential privacy. Based on the relaxed functional mechanism, we can design (ϵ, δ)-differentially private and fair classification model. Moreover, our theoretical analysis and empirical results demonstrate that our two approaches achieve both fairness and differential privacy while preserving good utility and outperform the state-of-the-art algorithms.

Crowds in front of bottlenecks at entrances from the perspective of physics and social psychology.

This article presents an interdisciplinary study of physical and social psychological effects on crowd dynamics based on a series of bottleneck experiments. Bottlenecks are of particular interest for applications such as crowd management and design of emergency routes because they limit the performance of a facility. In addition to previous work on the dynamics within the bottleneck, this study focuses on the dynamics in front of the bottleneck, more specifically, at entrances. The experimental set-up simulates an entrance scenario to a concert consisting of an entrance gate (serving as bottleneck) and a corridor formed by barriers. The parameters examined are the corridor width, degree of motivation and priming of the social norm of queuing. The analysis is based on head trajectories and questionnaires. We show that the density of persons per square metre depends on motivation and also increases continuously with increasing corridor width, meaning that a density reduction can be achieved by a reduction of space. In comparison to other corridor widths observed, the narrowest corridor is rated as being fairer, more comfortable and as showing less unfair behaviour. Pushing behaviour is seen as ambivalent: it is rated as unfair and listed as a strategy for faster access.

Система социального рейтинга в КНР как информационно-коммуникационная технология поощрения и наказания

Systems of social trust or social rating should work in China in full format in 2020–2021. As it was introduced, they became not only a means of correcting unfair behavior in the economy, but also a tool of social management that allows you to record illegal, inappropriate behavior of citizens and automatically apply measures of influence to them. The author believes that in fact, the Chinese authorities to raise the price of disloyal behavior used the challenges of a market economy, which gave rise to a liberal paradigm of population behavior. The Chinese authorities use the concepts of social integrity and social trust, implying political stability, contrasting them in the public discourse of dishonesty, malicious intent, and antisocial behavior.

Prevention of Abuse of Procedural Rights and Stimulation of Parties Good Faith of Conduct

In this article, a comparative legal and empirical study of the principle of good faith in law and the prevention of abuse of procedural rights as one of its element are conducted. These phenomena should be recognized as relevant objects for research, given that in civil procedural Ukraine specific measures were taken to prevent abuse of procedural rights for the first time, during the reform of the legislation in 2017, and unfortunately such actions occur as a habits of legal reality of Ukraine. in court practice quite often. Given the need to ensure effective protection of rights through timely and proportionate consideration of the case by the courts, their proper application is essential for science and practice. The article analyzes the provisions of the civil procedural law of Ukraine, where for the first time this institute was reflected in the legislation in the wording of 2017, as well as other states (Italy, England and Wales, France, Australia). It also analyzed the practice of the Supreme Court of Ukraine, which reveals the concept of bona fide as a principle of law, as well as examines the institute of abuse of procedural rights as one of the manifestations of implementation of this principle, specific manifestations of unfair behavior of participants of the process, taking into account the practice of the European Court of Human Rights. The analyzed provisions of the civil procedural legislation, which stipulates the ways of overcoming the abuse of procedural rights, as well as the doctrines, allowed the conclusions to substantiate more rational approaches to the prevention of abuse of procedural rights in civil proceedings. In particular, ensuring the cooperation of judges and parties and defining their roles not from the standpoint of antagonistic approaches, but based on the ideas of sustainable development, will overcome the major pressing problems of modern civil justice. The introduction of rational measures to prevent abuse of procedural rights and to encourage parties to act in good faith will ensure the efficiency and accessibility of justice. Keywords: civil justice, principle of good faith, the principle of court cooperation with the parties, abuse of procedural rights, reconciliation of the parties.

Losing shares during the transformation of joint stock company into limited liability company

Subject of research . This article is devoted to the analysis of the problems arising at shareholders of joint-stock companies at reorganization in the form of transformation into limited liability companies. As the study of judicial practice over the past ten years shows, there are repeatedly controversial situations in connection with the non-receipt of shares in newly created limited liability companies by shareholders as a result of the completion of such reorganizations. This is partly due to unfair behavior of majority shareholders and/or management of joint-stock companies, partly due to insufficient regulation of reorganization in the form of transformation in the legislation, which leads to problems in law enforcement.. The purpose of the article is to formulate the main directions of development of the legislation in terms of transformation of the rights of participation in corporations, concerning the constitutional principles of freedom of economic activity and protection of property rights on the basis of the analysis of existing judicial acts, doctrine and current legislation. The scientific hypothesis is that during the transformation of corporations, its participants should be provided with adequate and fair compensation for the right of participation lost as a result of the completion of the reorganization. Such compensation may exist in the form of the provision of funds or, in exceptional cases, other property (redemption of an interest) or the granting of rights to participate in the legal entity newly created as a result of the completion of the reorganization. The compensation mechanism should be based on voluntary choice; a member of the corporation shall not be disadvantaged by the terms of compensation. If the participant does not grant its participation rights for redemption, does not participate in the meeting of the participants of the corporation and does not exercise the will regarding the choice of compensation methods, the share of participation in newly created corporation is recognized as the only fair way of compensation. Transformation can't serve as a way to get rid of the so-called «dead» participants. Description of research methods and methodology . The study is based on the analysis of court decisions, which are identified by the results of monitoring of judicial practice. Information about the main scientific results . The study fully confirmed the correctness of the proposed scientific hypothesis. Conclusions . The study was conducted on the basis of judicial practice formed on disputes arising as a result of deprivation of shareholders' rights to participate in these joint-stock companies and non-receipt of shares in limited liability companies created as a result of reorganization. The study showed that this problem is relevant for all corporations as a whole. In this regard, proposals have been formulated to reform the legislation on corporations in general.