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Университета имени О.Е. Кутафина (МГЮА)


LEGAL PROFESSION ABROAD

Статьи в номере 1 за 2017 год

Аннотация: The article analyzes important issues of the arbitration process in particular experts and expert evidence problems — both in common and civil law jurisdictions. It covers legal proceedings and arbitrations as well as the limits to the use of expert evidence. The overall objective of this paper is to provide the reader with an appreciation of expert evidence, some of the current debates on its use, and how to challenge it when it is used. The paper also contributes to the current debates on expert evidence. The key point here is that it is an opinion — what the expert thinks — which is of evidentiary value. Ordinarily, evidence is fact based, not opinion based. Such opinions, therefore, have to reach a very high standard in proceedings where they are used. If judgments and decisions are to use, and be based upon such opinions, they have to be sound, and be anchored in a real expertise.


Автор: Charles Goddard, Inna Goddard


Рубрика: LEGAL PROFESSION ABROAD


DOI: 10.17803/2313-5395.2017.1.7.050-063


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Аннотация: Brazil has a challenging background with codifications. There is a culture of overacting by the lawmaker, with many laws becoming diverse, unique and contradictory. The author addresses the historical emergence of national laws in Latin America until the new Civil Procedural Code was passed in Brazil. The author begins with a conceptual reflection upon the updating of the “codifications” movement in the World.


Автор: André Ramos Tavares


Рубрика: LEGAL PROFESSION ABROAD


DOI: 10.17803/2313-5395.2017.1.7.064-070


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Аннотация: This article is devoted to the analysis of concepts of justice, law and technique from different points of view. The first one brings transcendent justice into the legal dimension. The second one separates the law, which is entirely human, from justice, which is divine. Are these two approaches necessarily separated and incompatible? It would be wrong to put them in contrast, relegating the first one to the mysteries or reducing the other one to the technique due to a practical definition of relationships, law is for the man. The axiological approach is the feature of law. Whichever way you put it, the essence of law is to express values and valuable decisions. This aspect is not secondary, and it, does not represent a limit. It is at the bottom of a relationship between justice, law, and technique, because it means that each judge, despite the specificity of the subjects, the incidence of technique, the apparent barrenness of the approach, is the guardian of justice. So, the relationship of analyzed concepts indicates that law, as a way of human knowledge, is a humble expression of justice.


Автор: Enrico del Prato


Рубрика: LEGAL PROFESSION ABROAD


DOI: 10.17803/2313-5395.2017.1.7.071-075


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Статьи в других номерах

Аннотация: The public services have great importance in the modern economies, as well the local public services. Therefore their regulation and management have a great impact on economic growth. Firstly, the change of the policies on provision of local public services will be examined by the lecturer. The “silent change” of the European regulation, which was based on the Altmark, Telekom Austria and the Stadt Halle decisions of the ECJ, has affeted the national policies. Thus, a concentration tendency and a tendency of growing public influence will be shortly analysed. After the review of the European tendencies, the changes in Hungary will be examined. Firstly, the changes in the local services of general economic interest and secondly, the changes of the provision of local welfare, educational and cultural services. In this review the transforming role of the public bodies and the concentration of the local welfare, educational and social services will be examined. The opportunities (mainly, economy of scale, larger service provision units) and the threats (for example, information flow problems, inflexible service provision) will be shortly reviewed, as well.


Автор: István Hoffman


Рубрика: LEGAL PROFESSION ABROAD


DOI: 10.17803/2313-5395.2017.1.7.071-075


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Аннотация: This article is aimed to analyze the legal status of state administrative agencies in Vietnam, including the Government, Ministries, Ministerial-level agencies, the People’s Committee and specialized agencies of the People’s Committee at different levels. These organs, which are the most important subjects of the administrative law, perform the state administration throughout the nationwide territory and administrative-territorial units. The author also discusses some issues related to organization and operation of Vietnamese state administrative agencies in practice.


Автор: Phuoc Truong Tu


Рубрика: LEGAL PROFESSION ABROAD


DOI: 10.17803/2313-5395.2017.1.7.071-075


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Университет имени О.Е. Кутафина (МГЮА) прекратил сотрудничество с издательской группой Nota Bene.

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