Turkanova V. Effective resolution of civil dispute.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U101001

Applicant for

Specialization

  • 081 - Право

08-11-2023

Specialized Academic Board

2286

Taras Shevchenko National University of Kyiv

Essay

The dissertation is a comprehensive scientific research on the concept and nature of the institution of civil dispute resolution, defining the main directions for the formation of a modern doctrine that characterizes the most rational approaches to the resolution of civil disputes. It explores the concept of civil dispute, taking into account its practical significance for the parties, as well as the 10 characteristics of global trends in dispute resolution, including the widespread use of information and communication technologies to facilitate communication between parties and the resolution of disputes. It also examines the concept of an integrated system of civil dispute resolution, which includes alternative dispute resolution and, if necessary, judicial process. The dissertation systematically and consistently examines the experience of civil dispute resolution in various member states of the European Union, the United States, China, Canada, and other countries, using examples of different dispute resolution platforms. It discusses the problems of alternative dispute resolution, which emerged in the 1940s and initially focused on labor disputes and arbitration, gained significant momentum in the 1970s, and expanded as mandatory pre-trial methods of dispute resolution from the end of the last century to the beginning of the 21st century. Essentially, it is the diversity of civil disputes and the methods of their resolution, accumulated to the present time (over seven hundred alternative dispute resolution methods), that has sparked interest and active scientific research into effective dispute resolution in the field of law and related disciplines over the past decade. These studies focus on non-judicial ways of resolving disputes that do not involve court hearings and decision-making but rather the paths that parties can choose for resolving their disputes. They analyze the advantages and disadvantages of each method and provide a general strategy for selecting each method at certain stages of dispute development.

Research papers

1. Турканова В. Ефективне урегулювання спору: основні підходи до визначення у світі. Вісник Київського національного університету імені Тараса Шевченка. Юридичні науки. 2020. № 3 (114). С. 60–64. DOI: 10.17721/1728-2195/2020/3.114-1.

2. Turkanova V. Prospects for the Use of Artificial Intelligence and Machine Learning Algorithms for Effective Resolution of Civil Disputes. Access to Justice in Eastern Europe. 2023. Vol. 6, Iss. 2. P. 1–10. DOI: 10.33327/AJEE18-6.2-n000224. (Scopus, WoS)

1. Turkanova V. Finding an Effective Way of Civil Dispute Resolution. Teisė. 2021. Vol. 1180. Р. 158–165. DOI: 10.15388/Teise.2021.118.11.

Files

Similar theses