Application of forms of alternative dispute resolution in Ukraine

Autores/as

  • Volodymyr Zarosylo
  • Oleksandr Kaplya
  • Kyrylo Muraviov
  • Dmytro Myniuk
  • Olena Myniuk

Palabras clave:

Judiciary, civil law, arbitration, conflict resolution, state legislation

Resumen

Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts.

Biografía del autor/a

Volodymyr Zarosylo

Full Doctor in Law, Professor, Head of the Department of Law Enforcement and Anti-Corruption Activities, Interregional Academy of Personnel Management, Kyiv, Ukraine. Research interests: administrative law and process, finance law, information law. He is the author of the dissertation “Administrative and legal support for the participation of law enforcement officers of Ukraine in international peacekeeping activities”.

Oleksandr Kaplya

Full Doctor in Law, Professor at the Department of Law Enforcement and Anti-Corruption Activities, Interregional Academy of Personnel Management, Kyiv, Ukraine. Research interests: administrative law and process, philosophy of law, international law, criminal procedure, law enforcement.

Kyrylo Muraviov

Full Doctor in Law, Associate Professor, Head of the Department of Administrative, Financial and Banking Law, Interregional Academy of Personnel Management, Kyiv, Ukraine. He is the author of the monograph “Problems of implementation of state policy in the field of execution of criminal punishments”. He is a member of two specialized scientific councils for the defense of doctoral dissertations.

Dmytro Myniuk

PhD in Law, Associate Professor, Head of the Department of Civil Law Disciplines and International Law, Interregional Academy of Personnel Management, Kyiv, Ukraine. He is a lawyer of the Kyiv Oblast Bar Council, Kyiv, Ukraine.

Olena Myniuk

PhD in Law, Associate Professor at the Department of Economic Law and Process, University of the State Fiscal Service of Ukraine, Irpin, Ukraine. Research interests: business law and process, securities market, exchange activities. She is a member of the public organization “Union of Lawyers of Ukraine”.

Descargas

Publicado

2023-05-03

Número

Sección

Artigos