Problematic issues of the development of mediation on disputes in the field of entrepreneurship in modern Russia
Автор: Lepeshkina Valentina Sergeevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 1 (56), 2022 года.
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The legal relationship that develops with regard to entrepreneurial activity (entrepreneurship) is a very broad concept that occurs in domestic legal acts, but does not have a legal definition, which includes all aspects of entrepreneurial activity of a private and public legal nature. The legal relationship that develops with regard to entrepreneurial activity (entrepreneurship) is a very broad concept that occurs in domestic legal acts, but does not have a legal definition, which includes all aspects of entrepreneurial activity of a private and public legal nature. Therefore, disputes in this area should include: 1) disputes directly related to the implementation of entrepreneurial activity by business entities; 2) disputes between business entities and bodies exercising public powers or officials; 3) corporate disputes. Objective to identify problematic issues of the development of mediation on disputes in the field of entrepreneurship in modern Russia. In article were used empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods were used: legal-dogmatic and method of interpretation of legal norms. Mediation in business due to its essential characteristics, such as the provision of broad freedom and independence to the parties, the promptness of dispute resolution, confidentiality of the procedure, focus on maintaining relationships with the opponent, is an effective tool for regulating many disputes in the field of economic activity and entrepreneurship. It has been established that the lack of demand for alternative ways of settling business disputes is mainly explained by the imperfection of special laws regulating them, among which the Law on Mediation is most actively criticized (skeptical experts even call it «stillborn»).
Mediation, business activity, judicial reconciliation, business dispute, conciliation procedure, court, corporate dispute
Короткий адрес: https://sciup.org/140293910
IDR: 140293910