On the positive legal responsibility of certain subjects of alternative dispute resolution
philosophical and legal aspects
DOI:
https://doi.org/10.52028/rbadr.v7.i14.ART08.RUPalabras clave:
Mediation, Positive responsibility, Legal conflict, Arbitral tribunal, Arbitration, Social responsibility, Procedural responsibilityResumen
The purpose of this study is to explore the philosophical and legal dimensions of legal responsibility attributed to specific subjects engaged in alternative dispute resolution (ADR), as well as to identify potential gaps in the legal regulation of this area. Research methodology: the author employs the dialectical method of cognition, along with formal legal and comparative legal methods. Techniques such as analysis and synthesis, deduction and induction, are also applied. The main body of the article examines the philosophical and social dimensions of positive responsibility among ADR subjects through the categories of reasonableness and good faith, as well as their dialectical relationship with society. Based on the social dimension, the legal aspect of positive responsibility is revealed through the categories of impartiality, reasonableness, and the correlation of subjective rights and obligations. The current legislation governing this sphere is analyzed, revealing gaps in legal regulation. Conclusions: The article argues that the social responsibility of ADR subjects is manifested through a dialectical interrelation among the parties, which is grounded in their unity, differences, and contradictions. Positive legal responsibility directly arises from their social responsibility and may be expressed in adherence to prohibitions and the exercise of rights accompanied by obligations. It is also argued that the negative legal responsibility of ADR subjects is insufficiently codified.
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CHERNYKH E.V., LIPINSKY D.A. Legal responsibility is an integral legal phenomenon // Law and Politics. 2005. No. 3. pp. 10-18 (In Russian).
DURKHEIM E. Sociologist of modernity / ed. by M. Emirbayer. Oxford, 2003. 306 p.
JONAS PRAXIS H. Technik, des Prinzip Medizin und Verantwortung [Technology, the principle of medicine and responsibility]. Ethik: zur Frankfurt [Ethics: about Frankfurt]. M., 1987. 324 s. (In German).
KOZHEVNIKOV V.V. On the problem of the theory of legal responsibility // Bulletin of Tomsk State University. Law. 2018. No. 28. pp. 5-19 (In Russian).
LIPINSKY D. A., SHISHKIN A.G. Subjective law and legal obligation as measures of positive legal responsibility // The State and Law, 2014, No. 10, pp. 5-14 (In Russian).
LIPINSKY D., PANCHENKO V., MUSATKINA A. [et al.] Sociological Aspects of Legal Irresponsibility and Anomie // Proceedings of the XIV European-Asian Law Congress “The Value of Law” (EAC-LAW 2020), Yekaterinburg, 04–05, July, 2020 / Ural State Law University. – Yekaterinburg: Atlantis Press, 2020, pp. 239-243 (In Russian).
LIPINSKY D.A. Concepts of positive legal responsibility in Russian jurisprudence // Journal of Russian Law. 2014. No. 6. pp. 37-51 (In Russian).
LIPINSKY D.A. Legal responsibility as an institute of law // Lawyer. 2013. No. 12. pp. 3-7 (In Russian).
LIPINSKY D.A., BOLGOVA V.V., MUSATKINA A.A., KHUDOYKINA T.V. Mediative method of solving legal conflicts // “Conflict-Free” Socio-Economic Systems: Perspectives and Contradictions. – Bingley, West Yorkshire: Emerald Group Publishing Limited, 2019. – P. 63-72 (In Russian).
LIPINSKY D.A., BOLGOVA V.V., MUSATKINA A.A., KHUDOYKINA T.V. The Notion of Legal Conflict // “Conflict-Free” Socio-Economic Systems: Perspectives and Contradictions. – Bingley, West Yorkshire : Emerald Group Publishing Limited, 2019. – P. 39-72.
LIPINSKY D.A., IVANOV A.A. Review of the concepts of legal anomie in foreign and domestic socio-legal thought // State and Law. 2023. No. 11. pp. 49-63 (In Russian).
LIPINSKY D.A., MUSATKINA A.A. Subjective signs of positive legal responsibility // Bulletin of Tomsk State University. Law. 2018. No. 29. – pp. 29-39 (In Russian).
MALKO A.V., LIPINSKY D.A. Legal and religious regulation: interaction, contradictions and responsibility of subjects of public relations // Bulletin of Perm University. Legal sciences. 2018. No. 39. pp. 6-35 (In Russian).
MALKO A.V., LIPINSKY D.A. Legal and religious regulation: interaction, contradictions and responsibility of subjects of public relations. 30 p. (In Russian).
MALKO A.V., LIPINSKY D.A., MARKUNIN R.S. Positive and negative legal responsibility as a manifestation of dialectical logic in legal research // State and Law. 2021. No. 1. pp. 17-25 (In Russian).
MALKO A.V., LIPINSKY D.A., MUSATKINA A.A., MARKUNIN R.S. Legal responsibility in the legal system of Russia: some research results and project perspectives // State and Law. – 2021. – No. 12. – pp. 24-34 (In Russian).
MATUZOV N.I. Law as a measure of individual freedom and responsibility // Atrium. Ser.: Jurisprudence. Tolyatti: MABiBD, 1999. No. 1. Pp. 20-26 (In Russian).
MERKIN R. Arbitation Law. London, 1998. 1080 p.
RICOEUR P. Political and social essays / ed. by Stewart D., Bien J. Athens. Ohio, 1974. 239 p.
SCHMUTZER R. Probleme der Verantwortung aus arbeisrechtlicher Sicht [Problems of responsibility from the point of view of labor law] // Staat und Recht [State and law]. 1973. Issue 3. S. 29-35 (In German).
SHER R. Mediator. – St. Louis Bar Journal. 1994. V. XLI. No. 2. 46-72 p.
WEBER M. Politik als Beuf [Politics as a problem] / von Max Weber [Max Weber]. Berlin, 1993. 661 s. (In German).
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