The dissertation develops a complex concept of the institute of Justice of the peace and explains the necessity of its implementation into the Ukrainian legal system. The legal nature of Justice of the Peace as an institution of judicial power, designated to insure the availability of justice and decrease the level of conflicts locally, by executing justice in minor cases by Judges of the Peace, with the aim on peaceful resolution, using a special procedure, is defined. Justice of the peace is being demonstrated to consist, as an institute of judicial power, of the unity of such elements: 1) Courts of the Peace (local justice body); 2) Judges of the peace (officials of the courts); 3) combination of authorities of judges and their practice of executing justice, including a reconciliatory one. Authorial definition is formulated, and an interrelation of terms "Judge of the Peace", "Court of the Peace", "Justice of the Peace" is established. The meaning of the term "Justice of the Peace" is argued to include these elements: 1) institutional; 2) material; 3) organizational; 4) functional. Іnternational models of Justice of the peace are being characterized, and a suggestion of the necessity of creation of Іnternational Court of the peace, that will colligate the practice, and recommend the judges, regarding the execution of the procedures of reconciliation, as well as hear and resolve minor international disputes, is displayed. Theoretical legal preconditions of the implementation of the Justice of the peace in Ukraine are specified, in particular: considerable legal history of functioning of the Judges of the peace and their prototypes on the territory of modern Ukraine; the necessity of reforming the system of local courts, and the unanimity of scholars community in believing that Courts of the peace, as a part of judicial system, can overcome a notable part of problems of judicial power; specifying recommendations on the necessity to insure a real access to justice in international acts, by the means of: simplifying procedures, encouragement towards reconciliation (including judges), acceleration of proceedings, decrease of judicial expenses, implementation of special procedures for disputes with minor claims; positive experience of functioning of foreign Courts of the Peace, as a part of judicial system. The author defines a place of courts of the peace within a state mechanism: as a part of judicial system (not local governance or an alternative dispute resolution); and within the judicial system itself: as a variation (the lowest level) of local courts with general jurisdiction, for which, courts of appeal with general jurisdiction shall act as an appellate court. Suggestions concerning the requirements to the candidates for a Judge of the peace positions in Ukraine and the procedures for taking up their functions are made. The network of courts of the peace, are proposed. It is demonstrated, that during the legislative specifications of jurisdiction of Courts of the peace, the criteria, that shall be considered is as follows: 1) the minority of cases; 2) the complexity of cases; 3) the possibility of peaceful settlement, - reconciliatory potential. A list of cases, that should be included into the Courts' of the Peace jurisdiction is suggested, in particular: 1) civil cases: a) action proceedings, characterized by their minority and low level of complexity, b) writ proceedings cases, c) separate proceedings cases; 2) criminal cases (excluding cases related to juveniles): a) of private prosecution, b) of criminal offense; 3) administrative cases, under the courts' jurisdiction. The necessity of legislative specification of two directions of procedural form of operation of the Court of the peace: simplifying and reconciling, is demonstrated. Suggestions on major directions for simplifying are made, the basis of the reconciliatory procedures for the Judge of the peace are developed.
