DOI: 10.25136/2409-7136.2024.1.69611

EDN: MBGXPF

Abstract: The subject of this study is the concept of "corporate conflict", its problematic aspects when defining, signs, as well as alternative ways to resolve such conflicts in different countries of the Asia-Pacific region. The author examines many diverse approaches to the concept of "corporate conflict", based on the opinion of scientists from the Asia-Pacific region and draws conclusions based on the selected literature. The author also examines in detail alternative ways of dealing with corporate conflicts in such Asia-Pacific countries as the USA, China, Japan. The author highlights the types of alternative dispute resolution unknown to the legislation of the Russian Federation, such as mini-trial, common in the United States, and formal commercial mediation used in the PRC. Attention is also paid to alternative dispute resolution methods such as mediation, arbitration, ombudsman and the combination of mediation and arbitration.  The author uses such scientific research methods as description, analysis, synthesis, comparative legal method, sociological method. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative mechanisms for resolving corporate disputes in the law of the countries of the Asia-Pacific region. The author also identifies the signs and features of the concept of "alternative conflict" based on the research of a group of scientists from different countries and gives his own definition of this term, which is the most complete, and, in the author's opinion, takes into account all the features of this concept. The conducted research can help entrepreneurs understand the possibilities of out-of-court dispute resolution when doing business in the countries of the Asia-Pacific Region, and can also contribute to the scientific community to evaluate special types of alternative dispute resolution methods and consider the possibility of applying these methods in practice in the Russian Federation.

DOI: 10.7256/2305-9699.2013.11.1007

Abstract: The insufficient legal regulation in the sphere of labor and the gaps in normative acts lead to growth of the number of claims of workers in courts and other state bodies competent to hear labor disputes.  Having studied the procedural specific features of hearing and resolution of labor disputes in the Russian Federation as well as the foreign experience in this sphere, the author attempts to provide a concept for the labor justice formation in the Russian Federation. In particular, the author offers to form the Judicial Divisions on Labor Disputes within the system of general jurisdiction court. This Judicial Devision shall use the procedure prescribed by the Labor Procedural Code and specialize in cases arising from labor relations (both individual and collective claims). The procedure for hearing such cases should have a number of specific features. It is considered that formation of specialized labor courts shall guarantee reliable, efficient and professional protection of labor rights of citizens.  The author considers that specialization of courts is due to a number of causes: firstly, their formation shall facilitate the strenghening of judicial system; secondly, hearing and resolution of a certain category of cases guarantees higher professionalism of judges, since lack of specialization does not allow the courts to take into account specific features of such disputes; thirdly, the courts of special jurisdiction shall allow for the speedier judicial process. 

DOI: 10.7256/2305-9699.2013.5.817

Abstract: The article concerns the right to resist (jus resistendi) as a collective global natural right, recognized by positive law at the national and international levels. The author studies historical sources and doctrinal concepts of this right, its reflection in current constitutional acts and the UN Resolutions. The value of this right for the formation constitutionalism is shown, the author also shows variations of its constitutional enshrinement.   The author also notes the role of implementation of the right to resist in the processes of the Ukrainian statehood formation, he defines the specific features of involvement of subjects of international law into guarantees of the right to resist. It is noted that the subject of the right to resist is the people as the bearer of other global rights, such as the right for development, the right to peace, the right to self-determination.  The author establishes the goal of the right to resist, and he proves the impossibility of reflecting the mechanisms of its implementation within the framework of positive law. The author also proves the presence of legal consequences of implementation of the right to resist on constitutional and international levels.