The dissertation is one of the first comprehensive scientific studies devoted
to the characterization of alternative (out-of-court) ways of resolving legal
disputes.
As a result of the research, a number of new scientific provisions,
recommendations and conclusions were formulated, in particular:
first:
- arguments are given regarding the expediency of assigning the
administrative appeal procedure to the system of alternative (out-of-court) methods
of settling public-law disputes, where the principles of ensuring the requirements
of administrative service and building the functioning of state authorities and local
self-government on the principles of "good faith" governance should be recognized
as dominant;
- the expediency of revising the understanding of the content of the
implementation of the principle of voluntariness as a principle of mediation and the
introduction of a mandatory first session of the negotiation process for the
settlement of certain categories of disputes (divorce disputes, disputes on
determining the child's place of residence, tax disputes and a number of others) is
substantiated, which requires the formalization of such procedures and revision of
the content of the Law of Ukraine "On Mediation";
improved:
- understanding of the content of approaches to determining the signs and
classification of legal disputes as grounds for violations of the rights and freedoms
of a person, which made it possible to single out such criteria for dividing disputes
as: means of expression (peaceful and violent); level of manifestation (internal and
external); term of validity (short-term, long-term and permanent (continuous)); the
territory of distribution (object, regional, national, interstate, international); the
reality of negative consequences (real and potential); periodicity (ongoing and
emerging); form (open and latent); sphere of manifestation (political, socioeconomic, religious, ethnic);
- approaches to the scientific and theoretical classification of self-defense
measures, consisting in their division according to such criteria as: type of legal
relationship; the nature of the restrictive influence; level of regulatory certainty;
implementation procedure; result of application;
- the conclusion that the implementation of scientific research to establish
the essence and system of alternative (out-of-court) disputes takes place within the
scope of consideration of their individual varieties, which does not allow
establishing their structure on the basis of complexity;
received further development:
- a generalization of approaches to the classification of alternative (out-ofcourt) ways of protecting rights and resolving legal disputes, where such criteria
for their division are highlighted as: purposes of application; the nature of the
means of influence on subjects; the content and form of the adopted decision;
regulatory basis for dispute settlement; level of formalization of the process;
- understanding of the signs of alternative (out-of-court) ways of settling
legal disputes, where the following are highlighted: confidentiality; efficiency;
proportionality of the person's interests; cost minimization;
- determination of the essence of arbitration as an object, subject and
procedural content on the basis of its classification according to such criteria as:
sphere of operation (international and internal national); scope of powers of the
arbitrator (permanent and one-time ad hoc arbitration); spheres of economy and
production industries (maritime arbitration, construction arbitration, arbitration of
investment disputes, etc.); the normative basis of the settlement of the dispute
(arbitration that regulates the dispute using the customs of business circulation, and
arbitration that is governed exclusively by the norms of national legislation);
imperative to implement the arbitrator's decision (mandatory and voluntary);
- proposals for amendments to the Law of Ukraine "On Mediation", "On
Local Self-Government in Ukraine" and to the Civil Code of Ukraine in relation to
the researched problem using the modern methodology of legal technology in order
to improve the legal regulation of the implementation of alternative (out-of-court)
methods of settling legal disputes.
