Mediation of Labour Disputes in Kazakhstan in Comparative Context

Galiakbarova, Guzal; Saimova, Sholpan

doi:10.17589/2309-8678-2016-4-2-96-111

Cited by 5 publications

(4 citation statements)

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“…It consists in active involvement of administrative bodies of justice and other intermediaries in the investigation and hearing of cases; and in recruiting industrial relations professionals. Galiakbarova & Saimova (2016) note that out-of-court resolution of labor disputes is rarely used in Kazakhstan. This is justified, on the one hand, by the lack of qualified professionals, on the other hand -by the functioning of special committees (conciliation committees).…”

Section: Mediation In the Commonwealth Of Independent Statesmentioning

confidence: 99%

Prevention and Resolution of Labor Disputes

Bocharova

Rymanov

2022

International Journal of Service Science, Management, Engineering, and Technology

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The study covers preventive dispute resolution methods in industrial relations, as well as empirical testing of hypotheses regarding labor disputes in Russia. The hypothesis regarding the impact of the number of laid-off employees at the initiative of the employee on the number of labor lawsuits to reinstate employment filed is not supported. The hypothesis regarding the impact of the number of laid-off employees due to staff reduction on the number of Russian labor lawsuits to reinstate employment filed is supported. The largest number of disputes settled via mediation in Russia is labor wage disputes. The number of Russian labor disputes settled via mediation is still a small proportion of the total number of terminated labor disputes.

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Section: Mediation In the Commonwealth Of Independent Statesmentioning

confidence: 99%

Prevention and Resolution of Labor Disputes

Bocharova

Rymanov

2022

International Journal of Service Science, Management, Engineering, and Technology

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“…Since its independence in 1991, Kazakhstan has created its statehood by establishing, developing, and strengthening the foundations of its independence, providing for the country's territorial integrity and inviolability of borders, transferring the economy to a free-market development and successful integration into the global market. However, the legal sphere needs further reforms [30]. Some scholars suggest distinguishing three main types of healthcare systems from the viewpoint of approaching the essence of relations in healthcare: utilitarian, communitarian, and liberal [31].…”

Section: -Literature Reviewmentioning

confidence: 99%

Ensuring Healthcare Efficiency in the Context of the Medical and Pharmaceutical Staff Regulation

et al. 2022

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This article aims to substantiate the impact of socio-economic labor protection for healthcare professionals based on developing legislative regulations in some OECD and EAEU countries and identifying their relationship with the efficiency of healthcare systems. The methodology includes general scientific methods (systemic analysis, synthesis, comparison, abstraction, induction, deduction, and modeling) and special research methods (formal logical, structural, and functional). The results of international rankings evaluating healthcare systems were used to determine the list of states for comparative legal analysis. Also, empirical methods were used: meetings, questionnaire surveys, and interviews held in 2021 with medical and pharmaceutical workers in Kazakhstan. The research results showed that states with special labor regulations for medical and pharmaceutical personnel occupy stable leading positions in international rankings regarding healthcare evaluation. On the other hand, based on the example of the EAEU countries with an insufficient level of specialization in labor regulation for these categories of workers, some states occupy weak positions in similar international ratings. This paper is novel because previously, there was no debate in the literature justifying the finding that specifics in the labor regulation of medical and pharmaceutical staff, along with other factors, influence the healthcare system's efficiency and development. Doi: 10.28991ESJ-2022-06-06-05 Full Text: PDF

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“…O.V. Goretsky (2016), analysing foreign experience in the legal regulation of conciliation proceedings in civil proceedings with reference to other scholars, notes that since the late 1990s, the idea of alternative dispute resolution in general and mediation, in particular, has been actively disseminated and promoted in Europe, in order to take the necessary measures in the field of judicial cooperation in civil matters to ensure the proper functioning of the internal market (Galiakbarova and Saimova, 2016). Goretsky also notes that a certain result of development was the adoption in 2008 by the European Parliament and the Council of the EU Directive on certain aspects of mediation in civil and commercial matters (Goretsky, 2016).…”

Section: Literature Reviewmentioning

confidence: 99%

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Tykhanskyi¹,

Khotynska-Nor

Vasylyna

et al. 2021

Int. J. Criminol. Sociol.

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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.

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Mediation of Labour Disputes in Kazakhstan in Comparative Context

Cited by 5 publications

References 0 publications

Prevention and Resolution of Labor Disputes

Prevention and Resolution of Labor Disputes

Ensuring Healthcare Efficiency in the Context of the Medical and Pharmaceutical Staff Regulation

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

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