Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

Inna, Horislavska

doi:10.31548/law/1.2023.23

Cited by 6 publications

(2 citation statements)

References 20 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…However, the authors do not emphasise that it involves conflict resolution with the direct participation of the parties, which makes it possible to find a solution that will satisfy both parties. One of the forms of restorative justice is mediation (Horislavska, 2023). According to T.H.…”

Section: Introductionmentioning

confidence: 99%

Untitled

2024

SLS

View full text Add to dashboard Cite

The relevance of this study is determined by the current instability of the global political climate in the world and the outbreak of a number of military conflicts, which necessitates the study of the mechanisms of activity of structures that protect the interests of the population and the state. Thus, the purpose of the paper is to analyse the algorithm for the activities of civil defence authorities, particularly in wartime conditions. Among the methods used are the methods of logical analysis, deduction, synthesis, induction, functional analysis, analogy. This study provides a detailed analysis of the importance and key role played by civil protection agencies in addressing the challenges of protecting, ensuring security and developing society. The importance of their function lies in the effective implementation of strategies aimed at protecting the population and the state in times of threat and danger. The analysis in this paper takes into account the various components necessary for the successful management of various types of warfare. This includes the study of effective strategies for interaction and coordination between civil protection authorities and military command and control. Particular attention is paid to the key factors that determine the effectiveness of the organisation of interaction between military authorities and protection commissioners. Similarly, significant was the analysis of the demand for the resolution of qualitative foresight implementation tasks. Accordingly, an algorithm that will provide a more detailed and relevant examination of the wartime operational algorithm of the governing bodies has been developed. The practical value of the obtained results is that it will increase the appropriate level of combat alertness, the guarantor of the protection of the national interests of the state and its population, its territorial integrity and will generally raise the level of effectiveness of the relevant bodies considered

show abstract

Section: Introductionmentioning

confidence: 99%

Untitled

2024

SLS

View full text Add to dashboard Cite

show abstract

Section: Introductionmentioning

confidence: 99%

Mediation as a conflict resolution tool in criminal proceedings in the context of martial law

Khovpun,

Kichuk,

Petrenko

et al. 2024

SLS

View full text Add to dashboard Cite

The research relevance is determined by the need to develop alternative dispute resolution methods to improve the mechanism of protection of citizens’ rights in the context of a full-scale invasion. Therefore, the study aims to analyse the institution of mediation in criminal proceedings with due regard to the peculiarities of martial law. A range of methods were used for this purpose, namely, formal legal analysis logical analysis, legal hermeneutics, dogmatic method, logic and functional analyses. The study revealed that mediation is used in criminal proceedings only to reconcile the victim with the suspect. This procedure can solve the problem of overloading the courts and potentially delaying the resolution of disputes. As noted, under current legislation, a reconciliation agreement in criminal proceedings for domestic violence can only be concluded at the initiative of the victim; it was determined that it is necessary to provide that the relevant initiative for mediation in cases of such offences should also come from the victim. As suggested, legislative provisions should include mandatory participation of the victim’s representative in criminal proceedings in case the court decides to release the victim from serving a sentence with probation, substitute the remaining part of the sentence with a lesser one, or grant early release from serving a sentence. The ways to improve human rights guarantees in the mediation procedure under martial law were considered. The practical significance of the results obtained is to provide recommendations for improving the modern mechanism of this institution in criminal proceedings

show abstract

Comparative analysis of mediation in the legislation of Kazakhstan and the People’s Republic of China

Rakimuli,

Talapova,

Akimbekova

2024

SLS

View full text Add to dashboard Cite

This study addressed the growing importance of mediation in the legal frameworks of Kazakhstan and the Peopleʼs Republic of China, focused on the need for more efficient conflict resolution methods in both countries. The aim of this research was to explore the specific features of mediation as defined by the laws of these two nations, highlighting the similarities and differences in their legal systems. A variety of methods were employed in the study, including the comparative legal method, formal-legal analysis, and the method of synthesis and comparison. The analysis revealed that both Kazakhstan and China have developed robust frameworks for mediation, though they differ significantly in their cultural and legal approaches. In Kazakhstan, the mediation process is formalized and heavily regulated, with a strong emphasis on the certification and professionalization of mediators. In contrast, Chinaʼs system, rooted in Confucian traditions, allows for a more community-based approach with a broader scope, including minor criminal cases. The study found that while both countries value mediation as a non-adversarial means of conflict resolution, there is a need for further legislative development, particularly in Kazakhstan, to enhance public understanding and prevent potential abuses of the mediation system. Additionally, the study highlights the role of public education and the importance of integrating mediation into state-citizen dispute resolution processes. The practical value of this research lies in its potential use by policymakers and legal professionals in Kazakhstan and China, as it provides insights into improving mediation frameworks and ensuring their effectiveness in addressing modern societal conflicts

show abstract

Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

Cited by 6 publications

References 20 publications

Untitled

Untitled

Mediation as a conflict resolution tool in criminal proceedings in the context of martial law

Comparative analysis of mediation in the legislation of Kazakhstan and the People’s Republic of China

Contact Info

Product

Resources

About