The dissertation studies the genesis of alternative dispute resolution in private law in Ukraine (19th century – 2004) by consistently revealing the historical and legal principles of the formation and development of various forms of alternative dispute resolution in private law of Ukraine in the 19th century, 20th century and modern Ukraine until 2004. Thus, the work provides a comprehensive analysis of the formation and development of alternative forms of dispute resolution in private law in the Austrian, Austro-Hungarian, Russian empires, the UNR, the ZNUR, the Ukrainian SSR/Ukrainian SSR and modern Ukraine.
It is proven that the content of the legal construct "alternative dispute resolution" in the Soviet period (the period of the Ukrainian Soviet Socialist Republic) was revealed through such a feature as state-centricity, in which the key role was played by quasi-judicial or administrative-arbitration mechanisms (state arbitration for disputes between organizations and enterprises; company courts as public bodies of influence), as well as procedurally enshrined in legislation compromise instruments (peace agreement) and arbitration forms, which were permitted within the limits determined by law.
The relevance lies in the fact that this scientific work focuses on how Ukrainian society has resolved (regulated) private disputes over many years and which forms of
dispute resolution were more relevant. Therefore, the results of such an analysis make it possible to understand which model of alternative forms of dispute resolution for the present is more acceptable and effective. In addition, the dissertation examines the provisions of the Law of Ukraine "On Mediation", which entered into force in 2021, with regard to their interaction with the protection of rights in arbitration, international commercial arbitration and civil and economic proceedings of Ukraine, as well as the introduction of the mediation procedure in Ukraine before the adoption of the Law of Ukraine "On Mediation".
The object of the study is social relations related to the genesis of alternative forms of dispute resolution in private law in Ukraine during the existence of state formations and modern Ukraine (XIX century - 2004).
The subject of the study is the legal principles of the formation and functioning of alternative forms of dispute resolution in private law in Ukraine (XIX century - 2004).
The purpose of the work is to analyze, based on a wide range of data sources, including archival and documentary materials, historical, and legal sources, the principles of creation, direction, and dynamics of development of alternative forms of dispute resolution during the existence of various state formations on the territory of Ukraine and in modern Ukraine before the adoption of current legislation in the field of private law (19th century - 2004).
The Introduction justifies the choice of the research topic, the connection of the work with scientific programs, plans, topics, the goal and objectives of the research, the object, subject, methods, the empirical basis of the research, the scientific novelty of the obtained results, the practical significance, the personal contribution of the applicant, the approbation of the research results, publications, the structure and scope of the dissertation.
The first section of the dissertation “Theoretical and methodological foundations of the study of alternative dispute resolution in private law in Ukraine”, which consists of two subsections, provides a review of scientific works aimed at studying the issues of alternative forms of dispute resolution in private law. The focus is on the methodological approaches that were used during the study of the genesis of alternative forms of dispute resolution in private law in Ukraine (XIX century - 2004). The content of the main methods of scientific research that were used in this work is disclosed. The focus is on the problematic aspects of the current application of alternative forms of dispute resolution in the private law of Ukraine, which are debatable and controversial in jurisprudence.
For a systematic coverage of scientific approaches, this section of the dissertation proposes a subject-based systematization of the Ukrainian doctrine in terms of alternative forms of dispute resolution. This approach makes it possible to organize various scientific materials and distinguish: studies focused on the relationship between judicial and alternative dispute resolution, works on definitions and principles of alternative dispute resolution, scientific works on "alternative methods of dispute resolution", "alternative methods of dispute resolution" or "alternative forms of dispute resolution", as well as scientific works on alternative dispute resolution in certain areas of public relations.
