Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect

Ukrainian institutions that would facilitate alternative dispute resolution have been in the process of establishment since Ukraine's independence in 1991. At present, only the activity of arbitration courts is regulated in Ukraine by law as an alternative way of resolving disputes. Since 2010...

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Main Authors: Roksolana KHANYK-POSPOLITAK, Tetiana KOROTENKO
Format: Article
Language:English
Published: Universidade Portucalense 2022-05-01
Series:Revista Jurídica Portucalense
Subjects:
Online Access:https://revistas.rcaap.pt/juridica/article/view/26281
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author Roksolana KHANYK-POSPOLITAK
Tetiana KOROTENKO
author_facet Roksolana KHANYK-POSPOLITAK
Tetiana KOROTENKO
author_sort Roksolana KHANYK-POSPOLITAK
collection DOAJ
description Ukrainian institutions that would facilitate alternative dispute resolution have been in the process of establishment since Ukraine's independence in 1991. At present, only the activity of arbitration courts is regulated in Ukraine by law as an alternative way of resolving disputes. Since 2010, there have been repeated attempts to create financial ombudsman institute. The first ideas of creating business ombudsman institute date back to 2013. This type of ombudsman has been in operation since 2014 and can be considered the most successful and effective both now and in the near future. Currently in Ukraine, there are also the following types of specialized ombudsmen: insurance, energy, language and education ones. Dispute settlement with the participation of a judge was introduced in civil litigation as an alternative method of dispute resolution in 2017. This institution provides the parties of the conflict with additional opportunities for faster and more effective settlement of the dispute. At present, this institution is not very widely used in practice, but in the coming years it will become more popular. The example of the activities of specialized ombudsman institutions and dispute resolution with the participation of a judge shows that Ukraine is adopting the world's best dispute resolution practices that will contribute to a faster, more effective resolution of the conflict without trial.
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spelling doaj.art-374b372de28a456f94eee1b08fe94df62022-12-22T00:29:54ZengUniversidade PortucalenseRevista Jurídica Portucalense2183-57992183-57052022-05-01Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospectRoksolana KHANYK-POSPOLITAK0Tetiana KOROTENKO1Associated Professor at the Law School, National University Kyiv-Mohyla Academy, Kyiv, Head of the Private Law DepartmentMag., Assistant of a Judge, District Court, Kyiv, Ukraine Ukrainian institutions that would facilitate alternative dispute resolution have been in the process of establishment since Ukraine's independence in 1991. At present, only the activity of arbitration courts is regulated in Ukraine by law as an alternative way of resolving disputes. Since 2010, there have been repeated attempts to create financial ombudsman institute. The first ideas of creating business ombudsman institute date back to 2013. This type of ombudsman has been in operation since 2014 and can be considered the most successful and effective both now and in the near future. Currently in Ukraine, there are also the following types of specialized ombudsmen: insurance, energy, language and education ones. Dispute settlement with the participation of a judge was introduced in civil litigation as an alternative method of dispute resolution in 2017. This institution provides the parties of the conflict with additional opportunities for faster and more effective settlement of the dispute. At present, this institution is not very widely used in practice, but in the coming years it will become more popular. The example of the activities of specialized ombudsman institutions and dispute resolution with the participation of a judge shows that Ukraine is adopting the world's best dispute resolution practices that will contribute to a faster, more effective resolution of the conflict without trial. https://revistas.rcaap.pt/juridica/article/view/26281Alternative Dispute Resolution (ADR); Specialized Ombudsman; Business Ombudsman; Financial Ombudsman; Settlement of a dispute with the participation of a judge.
spellingShingle Roksolana KHANYK-POSPOLITAK
Tetiana KOROTENKO
Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
Revista Jurídica Portucalense
Alternative Dispute Resolution (ADR); Specialized Ombudsman; Business Ombudsman; Financial Ombudsman; Settlement of a dispute with the participation of a judge.
title Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
title_full Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
title_fullStr Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
title_full_unstemmed Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
title_short Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect
title_sort institute of specialized ombudsman vs dispute resolution with participation of a judge current situation and development prospect
topic Alternative Dispute Resolution (ADR); Specialized Ombudsman; Business Ombudsman; Financial Ombudsman; Settlement of a dispute with the participation of a judge.
url https://revistas.rcaap.pt/juridica/article/view/26281
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AT tetianakorotenko instituteofspecializedombudsmanvsdisputeresolutionwithparticipationofajudgecurrentsituationanddevelopmentprospect