Practice of realization of procedure of mediation in Russia: not studied aspects
Автор: Borzov Nikita Aleksandrovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Юридическая наука и образование
Статья в выпуске: 1 (20), 2016 года.
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Purpose: The complex analysis of the existing scientific researches of institute of mediation for identification of the most important legal and other aspects of this perspective. Methodology: The author mainly used system (complex) approach, was applied a formal-legal (dogmatic) method. Results: In article a number of monographs and dissertation researches on various problems of a conceptual framework, practical realization and application of procedure of mediation is considered. A number of the studied questions on this perspective is allocated: definitions of the legal nature of the legal conflicts, theoretic-legal understanding of the nature, the bases and features of mediation, establishment of an order of carrying out mediation, essence and features of the meditative agreement, a role and features of mediation within concrete branches of the right. It is established that today there are no complex scientific researches of questions of subject structure of institute of mediation by the comparative and legal analysis of the most productive ways of practical realization of procedure of mediation used in various legal systems, and also remain not considered and a little studied the legal, social and economic and sociohistorical factors promoting successful application of institute of mediation in other countries and influencing formation of this public institute as the most effective instrument of human rights activity which demand further research. Novelty/originality/value: Article possesses a certain scientific value as in it the complex analysis of the existing researches on various problems of a conceptual framework is made, practical realization and application of institute of mediation, and also is reasoned a number of not studied legal and social aspects on this perspective is established.
Короткий адрес: https://sciup.org/14042341
IDR: 14042341