The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere
The article analyzes issues related to the advantages of using alternative methods of resolving public legal disputes and conflicts. It is pointed out that the modern judicial system, acting as a separate branch of state power, occupies a special place in the system of the state mechanism and, accor...
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| Format: | Article |
| Language: | English |
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V. N. Karazin Kharkiv National University
2023-06-01
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| Series: | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
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| Online Access: | https://periodicals.karazin.ua/law/article/view/21694 |
| _version_ | 1797208246380920832 |
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| author | Anton Stebeliev |
| author_facet | Anton Stebeliev |
| author_sort | Anton Stebeliev |
| collection | DOAJ |
| description | The article analyzes issues related to the advantages of using alternative methods of resolving public legal disputes and conflicts. It is pointed out that the modern judicial system, acting as a separate branch of state power, occupies a special place in the system of the state mechanism and, accordingly, has its own competence in this area. However, like any system of state institutions, it is not without common shortcomings, the totality of which significantly reduces the judicial system's ability to provide resolution of the entire range of legal disputes and conflicts that cannot be resolved by the parties without the involvement of a professional "third party".
In particular, it is pointed out that the inefficiency of the judicial system, long terms of consideration of cases, banal red tape, formalization, incomplete consideration of real legal interests, not always proper execution of court decisions, substantial court costs, etc. can be attributed to such shortcomings. All these shortcomings act as a factor that pushes a wide range of people to find new ways to resolve disputes and conflicts, bypassing state court procedures. At the same time, we are actually talking about the fact that the factor of the birth and quite dynamic development of alternative methods of resolving disputes and conflicts, including public legal ones, in various states are, on the one hand, significant shortcomings of the existing judicial systems, and on the other hand, the real advantages of the above-mentioned private dispute resolution systems.
It is noted that the advantages of alternative methods of resolving disputes and conflicts, including in the public legal sphere, are caused by the shortcomings inherent in the official judicial system. It was the shortcomings of the latter that prompted an intensive search for alternative methods and became a factor in their further dynamic widespread use. At the same time, alternative dispute resolution has its own special advantages regardless of the weakness of the functioning of the state court.
It is noted that the factor of saving public funds, which is discussed in the context of the introduction of alternative resolution of disputes and conflicts, quite often acts as a driving force for the introduction of new approaches and innovative solutions. At the same time, the system of alternative resolution of disputes and conflicts has a number of other advantages, which are primarily aimed at ensuring the legitimate interests of the parties, at implementing a relatively comfortable procedure for resolving legal disputes and conflicts. After all, a properly organized process of applying the entire set of various forms, methods and methods due to their above-mentioned advantages will relieve the judicial system, create appropriate conditions for access to justice for other subjects, promote legality and law and order, reduce conflict between the parties, create conditions for more guaranteed and comfortable observance and implementation of the legal interests of the parties, improvement of the situation with the execution of court decisions, introduction of innovative approaches within legal practice, will contribute to the development and implementation of new techniques and methods of legal technique, harmonious development of the legal system, etc. |
| first_indexed | 2024-04-24T09:35:45Z |
| format | Article |
| id | doaj.art-c5596daa3cce4c4fb05725a1d2198d61 |
| institution | Directory Open Access Journal |
| issn | 2075-1834 |
| language | English |
| last_indexed | 2024-04-24T09:35:45Z |
| publishDate | 2023-06-01 |
| publisher | V. N. Karazin Kharkiv National University |
| record_format | Article |
| series | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
| spelling | doaj.art-c5596daa3cce4c4fb05725a1d2198d612024-04-15T09:17:57ZengV. N. Karazin Kharkiv National UniversityВісник Харківського національного університету імені В. Н. Каразіна Серія: «Право»2075-18342023-06-0135354010.26565/2075-1834-2023-35-0421694The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphereAnton Stebeliev0National Aerospace University named after M.E. ZhukovskyThe article analyzes issues related to the advantages of using alternative methods of resolving public legal disputes and conflicts. It is pointed out that the modern judicial system, acting as a separate branch of state power, occupies a special place in the system of the state mechanism and, accordingly, has its own competence in this area. However, like any system of state institutions, it is not without common shortcomings, the totality of which significantly reduces the judicial system's ability to provide resolution of the entire range of legal disputes and conflicts that cannot be resolved by the parties without the involvement of a professional "third party". In particular, it is pointed out that the inefficiency of the judicial system, long terms of consideration of cases, banal red tape, formalization, incomplete consideration of real legal interests, not always proper execution of court decisions, substantial court costs, etc. can be attributed to such shortcomings. All these shortcomings act as a factor that pushes a wide range of people to find new ways to resolve disputes and conflicts, bypassing state court procedures. At the same time, we are actually talking about the fact that the factor of the birth and quite dynamic development of alternative methods of resolving disputes and conflicts, including public legal ones, in various states are, on the one hand, significant shortcomings of the existing judicial systems, and on the other hand, the real advantages of the above-mentioned private dispute resolution systems. It is noted that the advantages of alternative methods of resolving disputes and conflicts, including in the public legal sphere, are caused by the shortcomings inherent in the official judicial system. It was the shortcomings of the latter that prompted an intensive search for alternative methods and became a factor in their further dynamic widespread use. At the same time, alternative dispute resolution has its own special advantages regardless of the weakness of the functioning of the state court. It is noted that the factor of saving public funds, which is discussed in the context of the introduction of alternative resolution of disputes and conflicts, quite often acts as a driving force for the introduction of new approaches and innovative solutions. At the same time, the system of alternative resolution of disputes and conflicts has a number of other advantages, which are primarily aimed at ensuring the legitimate interests of the parties, at implementing a relatively comfortable procedure for resolving legal disputes and conflicts. After all, a properly organized process of applying the entire set of various forms, methods and methods due to their above-mentioned advantages will relieve the judicial system, create appropriate conditions for access to justice for other subjects, promote legality and law and order, reduce conflict between the parties, create conditions for more guaranteed and comfortable observance and implementation of the legal interests of the parties, improvement of the situation with the execution of court decisions, introduction of innovative approaches within legal practice, will contribute to the development and implementation of new techniques and methods of legal technique, harmonious development of the legal system, etc.https://periodicals.karazin.ua/law/article/view/21694keywords: alternative resolution of legal disputes and conflicts, justice, proceduralization, public legal dispute, conflict, mediation, arbitration. |
| spellingShingle | Anton Stebeliev The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» keywords: alternative resolution of legal disputes and conflicts, justice, proceduralization, public legal dispute, conflict, mediation, arbitration. |
| title | The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| title_full | The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| title_fullStr | The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| title_full_unstemmed | The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| title_short | The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| title_sort | main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere |
| topic | keywords: alternative resolution of legal disputes and conflicts, justice, proceduralization, public legal dispute, conflict, mediation, arbitration. |
| url | https://periodicals.karazin.ua/law/article/view/21694 |
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