Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader to reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and European Union Member States, to discuss the most important problems concerning ADR and propose possible solutions of these problems. First (...) of all, in this article, ADR is presented and its main advantages are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers for settling disputes with businesses. ADR mechanisms are highly diverse. There are public and private institutions as well as institutions established on the basis of cooperation between the public sector and the industry or consumer organizations and the industry. Although there is a high correlation between the nature of the institution and the funding, i.e. private institutions are usually financed by the industry and public institutions by public funds, ADR bodies established by public law can also be financed by the industry (especially in highly regulated markets). In the majority of the institutions, the participation of the industry in the ADR procedure is voluntary. (shrink)

Članek prinaša štiri poglede na hermenevtiko glasbe, ki so osredotočeni na 1) vzpostavljanje hermenevtičnega obzorja, 2) zgodovinske umestitve hermenevtike glasbe, 3) teoretsko razmejitev glasbene povednosti v muzikologiji in 4) spoznavoslovne razmejitve glasbene povednosti. Osrednja pozornost pri vseh štirih pogledih je naravnana k vprašanju: katere epistemološke ravni kaže upoštevati, ko govorimo o hermenevtiki glasbe kot muzikološkem pojmu v najširšem smislu?Različne fasete, ki tvorijo hermenevtiko glasbe, zato narekujejo za glavni cilj prispevka: očrtati meje med hermenevtiko kot teoretskim sistemom, ki temelji na metodah (...) vzporejanja glasbenega stavka z "zunajglasbenimi" pojavi, in hermenevtiko kot "kulturno institucijo" ali pragmatičnim pristopom, ki poleg spoznavoslovnih prednosti prinaša tudi vrsto pasti.Four different sketches of musical hermeneutics are given, focused respectively on 1) the formation of the hermeneutical horizon, 2) historical framings of the musical hermeneutics, 3) theoretical division of the musical meaning within musicology, and 4) epistemological layering of the musical narrativity. The main focus of the four sketches is to discuss single issues arising from the following question: which levels of epistemology should be considered to define hermeneutics of music as a musicological term.Because of the various facets involved, the main aim of this article is to sketch the boundaries between hermeneutics as a theoretical system founded on comparative methods and hermeneutics as the "cultural institution", or a pragmatic approach, bringing about not only epistemological advantages but also a number of issues. (shrink)

The article explores the problems of the legal status of the regulatory authorities in the energy sector of Ukraine in the context of the administrative reform currently taking place in the Ukraine and the fulfillment of the EU requirements in this sphere. Based on the analysis of the EU legislation, in particular Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive 2009/73/EC (...) of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and the experience of Ukraine in the field of energy regulation, the author of this article supports granting the special legal status to the national regulatory authorities in the energy sector of Ukraine and their separation from the system of state executive bodies, however, recommends to stipulate in the Constitution of Ukraine the provisions, regarding the organizational legal form and the establishment procedure of such bodies, the appointment and dismissal procedure for their management and members, the peculiarities of the relations of these bodies with the President of Ukraine, the Parliament of Ukraine and the Government of Ukraine. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and present main trends of ADR development. First of all, in this article, ADR is presented and its main advantages or disadvantages, (...) main reasons of its origin are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers to settle disputes with businesses. These are the main reasons why ADR originated and developed so fast in the United States of America. Secondly, it is important to analyse various definitions used to describe ADR and its characteristics, because it is a very complicated and complex phenomenon. ADR and the principle of legal accessibility are also very closely related issues which are deeply analysed in this article. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way of a subject who is granted (...) such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

The need to examine the efficiency of state financing of universities is becoming more important for a number of reasons. The growth in the social demand for higher education, the globalization and internationalization of the higher education system, the recognition of the need to improve the quality of studies coincide with the financing aspects of activities of higher education institutions. The object of the research is to analyze the financing models and state funding methods of the higher education system and (...) to disclose the advantages as well as dysfunctions of each conception. This paper examines the mechanisms through which governments allocate resources to higher education in order to establish effective means to transfer these subsidies to institutions. (shrink)