ДО ПИТАННЯ ПРО ПРОЦЕДУРИ АЛЬТЕРНАТИВНОГО ВИРІШЕННЯ ЗЕМЕЛЬНИХ СПОРІВ В УКРАЇНІ

Abstract

The article is devoted to the consideration of procedures of alternative resolution of land disputes. The author analyzes the views of scholars on the definition of “procedures for alternative resolution of dispute”. It has been determined that procedures for alternative resolution of land disputes are based on the principles of satisfaction of mutual interests of parties, confidentiality, voluntariness and differ in efficiency and relatively low cost of their use. Today, the Ukrainian legislation on procedures for alternative dispute resolution is fragmentary and declarative. The law contains only provisions on the possibility of their use, leaving an indeterminate concept and a list of admissible or recommended procedures for use. The most commonly used procedures for alternative dispute resolution are mediation and consiliation. It appears that mediation is a negotiation process in which the mediator is the organizer and governs the negotiations in such a way that the parties come to the most advantageous and satisfying interests of both parties of the agreement, as a result of which the conflict between the parties would be resolved. Consultation is also considered as an advisory, consensual and confidential process in which the parties of the dispute choose a neutral and independent party that helps them achieve a mutually agreed agreement. Today, land legislation creates prerequisites for the application of procedures for an alternative resolution of land-legal conflicts, but needs substantial revision in terms of regulating such mechanisms. More detailed legislative regulation of alternative dispute resolution procedures will promote public awareness of such procedures, and will provide the basis for the successful development of these legal institutions in Ukraine.