НЕСУДОВІ ФОРМИ ВИРІШЕННЯ ЦИВІЛЬНИХ СПОРІВ: МІЖНАРОДНИЙ ДОСВІД ЗАРУБІЖНИХ КРАЇН

Abstract

The article is devoted to the study of non-judicial forms of resolving civil disputes in the current legislation of Ukraine, with reference to foreign practice, the use of these forms. The main forms of dispute resolution are indicated and the concept and content of alternative dispute resolution are analyzed. The main methods in which alternative dispute resolution is expressed are determined, the advantages and differences of each of the methods are investigated. The importance of the development of non-judicial forms of development is also evidenced by international standards. Since Ukraine is trying to meet the European vector of development, the question arises about the compliance of national legislation with international standards, including in the field of civil disputes. First of all, the existence of non-judicial norms for resolving civil disputes indicates the development of democracy in the country, which is manifested in the ability to resolve the conflict without litigation, but in its own environment. However, effective regulation requires a clear enshrinement of these provisions at the level of law, which confirms the favorable development of the state. Referring to international practice, it should be noted that there is a significant number of recommendations that encourage the introduction of new non-judicial forms of civil dispute resolution. This raised the question of introducing a so-called alternative settlement of civil disputes. A significant number of European countries have enshrined this institution at the legislative level. Non-judicial forms of dispute resolution, in particular, are designed to avoid complaints about the improper performance of their functions by the judiciary, which is what led to the emergence of such a system in civil proceedings, which consists in resolving legal conflicts outside the judiciary. Thus, each of the non-judicial forms is characterized by its own procedure for the application and resolution of civil disputes. The need to create such forms arose due to Ukraine's efforts to meet international standards. After all, in foreign countries, the policy of reducing the role of judges in resolving minor disputes, which can be clarified without the need to go to court, is gaining considerable popularity.