Prushchak V. Settlement of a dispute involving a judge in the civil proceedings of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100039

Applicant for

Specialization

  • 081 - Право. Право

29-04-2020

Specialized Academic Board

ДФ 41.086.002

National University «Odessa Law Academy»

Essay

The dissertation is the first in the science of civil procedural law of Ukraine a special comprehensive study of the legal regulation of the procedure of dispute settlement with the participation of a judge as an independent way of alternative resolution of civil disputes. The scientific research carried out a comprehensive analysis of the institution of dispute settlement with the participation of a judge, highlighted the evolution of its emergence and formation, determined it’s legal nature and place in the system of alternative dispute resolution and civil procedural law, taking into account foreign experience and international standards. Characterized the theoretical procedures with the participation of a judge, the definition of its concept, features and principles are given, the prerequisites for the introduction and conditions of the specified procedure are investigated, the peculiarities of the legal status of the judge in carrying out the procedure of dispute settlement with the participation of the judge are considered. Special attention is paid to the legal procedure of the procedure of settlement of the dispute with the participation of the judge, the procedure for termination and determination of legal consequences of its implementation. In the dissertation, other theoretically substantiated proposals for improving the acts of the existing civil procedural legislation in the part of settling a dispute with the participation of a judge in the civil proceedings of Ukraine are formulated. Key words: civil dispute, conflict, alternative dispute resolution, third party, negotiations, mediation, conversations, judicial reconciliation, court, dispute settlement with the participation of a judge, stages of procedure, reconciliation of positions.

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