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Issues of regulation of the procedure of dispute consideration by the arbitral tribunals by the legislation of the republic of Tajikistan. // Vladimir Gavrilenko, Valerius Grigonis
No full textThe article is devoted to the regulation of the procedure of disputes by the arbitral tribunals of the Republic of Tajikistan. The author comments on the provisions of the law of the Republic of Tajikistan No.344 dated January 5, 2008 "On Arbitral tribunals". The main institutions of the civil society function in the Republic of Tajikistan, that is a democratic state, they allow economic actors to protect their rights and freedoms without the assistance of the State Justice agencies. Arbitral tribunals are an important institution in the sphere of non-government justice that allows people and legal entities to protect their rights and legitimate interests effectively in the sphere of economic relations.
In this article, the authors present a detailed article-by-article commentary on provisions of the above mentioned law that regulates the process of dispute resolution by the arbitral tribunal. Legal status of the arbitral tribunals, issues of their competence, procedure of the arbitral tribunal formation, procedure for the providing of the evidence, system of principles of the arbitration, etc. are explored. Provisions discussed in this article are of great importance for the understanding of the theory and practice of modern arbitration
Issues of arbitration proceedings about indemnity damages from emergencies in Arctic region states
No full textThis article research the legislation of the Arctic region states, regulating institution of commercial arbitration and issues of arbitration proceedings about disputes on compensation for damage from emergency situations. The author speaks about legal regulation of this issue and formulates conclusions about the main problems and shortcomings of legal acts in this area
Issues of Indemnity Damages in Arbitration Proceedings
No full textThe object of the author's research is legal relations in the field of commercial arbitration, arbitration procedures for disputes, the subject of which is compensation for damage. Currently, forms of settlement of legal disputes that are alternative to state justice are popular, including commercial arbitration, which is becoming more widespread in the modern world, which is primarily associated with the development of economic turnover and business activity, as well as an increase in the volume of domestic and international economic connections.
The relevance of the issues under research consists in the fact that the author examines the procedure for arbitration trial in a strictly defined area related to compensation for damage, as a means of protecting the rights and interests of subjects of economic activity. The research results can be implemented in legislative work on improving legislation in the field of arbitration of disputes and regulation of issues of compensation for damage
The principle of legality in activities of state authorities
No full textThe article devoted analyses of actualization of the problem about implementing the principle of legality in activities of state authorities. Attention is drawn to essences of the principle of legality and its guarantee. It has been suggested that legality in activities of state bodies should be understood as a basic principle of activity, including strict and oblige enforcement of laws, timely adoption of required laws, prompt detection of violations, establishment of causes and condition
Commercial arbitration as non-state economy justice
Get PDFIn the present thesis the author explores a set of legal relations arising in the process of arbitration trial. Object of research represents the objective analysis of procedure of consideration of disputes in arbitration tribunals, and also research of the legislation regulating arbitration legal proceedings, revealing in it of blanks and lacks. The international legislation and legislation of various states, such as Italy and other EU countries, the Russian Federation, the USA and other states, as well as the rules of leading arbitration institutions, are researched.
Propose of research is a complete and objective analysis of the procedural features of arbitration proceedings, from the conclusion of arbitration agreement to the execution of arbitration award. Issues and problems of legal regulation of procedural legal relations arising in connection with arbitration proceedings are analyzed. Definition of the basic problems in arbitration and development of recommendations about their solving are making.
Author explores both international and national commercial arbitration, but more attention is paid to national arbitration. Because, the legal regulation and practice of international commercial arbitration are now strongly unified in most states. As regards national arbitration, its legislative regulation and practice differs in various countries
To the issue of advantages and disadvantages of alternative resolution of legal disputes
No full textThe article is devoted to research and analysis of advantages and disadvantages of alternative disputes resolution, which, is a set of ways and methods of resolving disputes without the participation of the state justice system. There is an obvious need for a variety of mechanisms for conflict resolution, in addition to state justice, which is not able to effectively resolve the conflict between the parties in all situations
Modern problems of abritation in land disputes
No full textThe article is devoted to the issues of the legal regulation of the procedure of dispute resolution in the sphere of land use and protection by arbitral tribunals. The authors prove the need to adjust the Russian legislation on arbitral tribunals, that artificially limits their number and thereby prevent the access of economic activity subjects to justice. Particular attention is paid to the need to strengthen the legal force of arbitral awards on land disputes, including the consolidation of their right to issue writs of execution that are compulsory for the state registration bodies for registration of the rights to real estate without coming to the state courts of General Jurisdiction. The development of the system of arbitral tribunals and their competence will help to strengthen the guarantees of land and other economic rights of Russian entrepreneurs
Legal regulation of arbitration proceedings in the Republic of Tajikistan
No full textThe work is devoted to the analysis of legal regulation of the dis-putes consideration procedure by arbitration courts in the Republic of Tajiki-stan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an item-ized commentary on the provisions of the above-mentioned law, which di-rectly regulates the dispute resolution process by the arbitration court
On the relationship between economy and ecology: the ambiguity of social and legal regulation, proposals for solving the problem
No full textThe problem of correlation between man and nature, economics and ecology is considered. The current level of economic development is unthinkable without reliance on natural resources. A significant level of environmental intensity of the economy is reflected in the high costs of environmental components per unit of the final product, which causes a high level of pollution of the latter
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