Compliance with the principle of the rule of law in Ukraine when applying mediation

The general objective of this work was: To determine if it is possible to commit the crime of kidnapping in the actions of the powers of the peasant patrols in Peru. For our research, the methods are: descriptive level; in which we have measured and described the characteristics of facts and phenomena; The result is that 63.7% (58) of judges and prosecutors state that sometimes the peasant patrols correctly apply the procedures in the resolution of legal conflicts. Likewise, 63.7% (58) state that the peasant patrols can almost always exercise jurisdictional functions within their territorial scope. Regarding the conclusions: it is shown that judges and prosecutors in 63.7% of 58 respondents sometimes express the peasant patrols correctly apply the procedures in the resolution of legal conflicts, 27.2% (24) almost always state and 9.1% (8) state that the peasant patrols almost never correctly apply the procedures in the resolution of legal conflicts. Other main conclusions are that 72.8% (66) of judges and prosecutors state that they almost always know the origin and powers of the peasant patrols, 18.1% (16) always know and 9.1% (8) almost never. They know the origin and powers of the peasant patrols.

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.

The purpose of the study is to determine the main vectors of the transformation of the role of the state in the process of overcoming conflicts in law. Such scientific approaches as axiological, anthropological, synergistic, hermeneutic and communicative become important in the research process. The basis of worldview perception of scientific research are the philosophical methods of research, and dialectical, metaphysical, and idealistic methods play a decisive role among them. The system of special scientific research methods consists of: systemic, structural and functional, comparative, communicative and formal and logical. The proposed scientific study is devoted to the vectors of transformation of a state activity in the process of overcoming legal conflicts. Legal conflicts become a determining factor in the political, economic and social life of the modern states. Sometimes the life and fate of a person, a group of people or the entire state depends on the dynamism of legal conflicts, their scope of outspread, level of aggravation, subject composition and duration. That is why the study of the nature, essence and structure of legal conflicts and ways of overcoming them is of great practical importance in choosing comfortable and legitimate ways for the state to overcome them within its functional purpose. However, the priority direction of an activity of the state in the field of overcoming legal conflicts is the possibility of finding legal ways to prevent them. Such a result can be achieved only with the help of those legal means that exist in the state and with the help of which the mediator can conduct activities, the ultimate goal of which is a voluntary and fair decision. That is why an important mission is on the state – the acceptance and consolidation of relevant normative legal acts at the legislative level, which would become an alternative on the way to minimizing the resolution of legal conflicts through the courts. The introduction and further formation of the institution of mediation as an intermediate procedure in relation to the judicial form of overcoming of legal conflicts is important in this direction. Mediation helps the parties to avoid the escalation of the conflict and reach a resolution of the dispute, the result of which will satisfy both parties, relieving the court system during that period, as the resolution of conflicts in a pre-trial procedure will lead to a decrease in the number of cases that come to court. Conclusions: 1. The role and purpose of the state are manifested in the essential characteristics of the state, its social purpose as an organization that is able to and can solve various problems that arise in modern society. 2. Legal conflict can be considered as a type of social conflict, which is determined by a special sphere of existence – legal and characterized by two-way communication between subjects, arises on the basis of existing legal contradictions and is overcome with the help of legal means. 3. The legal aspect of the manifestation of conflict at the state level can act both as an object over which a conflict situation arises, and as a means by which it is possible to prevent and overcome such a conflict. 4. On the one hand, the state is viewed as an institution that is able and can resolve legal conflicts with the help of a number of legal means, and that reflects a positive aspect of the activity of the state. On the other hand, the state in the form of authorized bodies can become an organization that provokes the emergence of a legal conflict and is simultaneously a participant in it. 5. The direction of public bilateral coordination of the interests of subjects with the aim of establishing the common good becomes a priority, where the role of the state in such a process is mostly reduced to its essential model as an arbiter state. 6. The introduction of the institution of mediation (restorative justice, out-of-court procedure) and its consolidation at the regulatory level becomes an alternative or intermediate procedure in relation to the judicial form of overcoming of legal conflicts.

Introduction. The article examines the state of implementation in our country of national legal and organizational-administrative measures provided for the involvement of Ukraine in the common transit procedure in force in the European Union, based on the use of the New Computerized Transit System. The main attention is paid to the legal prerequisites, as well as to the current international and domestic standards, which determine the strategic tasks and their corresponding directions in the organization of the implementation of the joint transit procedure by Ukraine. The set of measures implemented in the process of deployment of the new transit system, which will support effective customs control, promote legal trade and cross-border movement of goods, use modern technologies and meet the requirements of both the customs service of Ukraine and economic operators, has been analyzed. In the conclusions to this article, proposals are formulated regarding the development of the joint transit procedure in Ukraine and further improvement of its functional capabilities. The purpose of the article is to find out the current state of implementation of national legal and organizational and administrative measures aimed at the implementation of the joint transit procedure by Ukraine, with the determination of directions for its further improvement. Methods. The methods of comparison, analysis, and synthesis were used during the study of the state of implementation of national legal and organizational-administrative measures, provided for the involvement of Ukraine in the common transit procedure in force in the European Union (EU). Results. The complex of measures implemented in the process of deployment of the new transit system in accordance with the provisions of international and national standards was characterized, which made it possible to determine and propose directions for promoting the proper functioning and development of the joint transit procedure, in particular, with regard to the further harmonization of national regulatory and legal acts on issues of application, filling out and processing customs declarations in accordance with the provisions of international legislation, improving the variability of the use of transit simplifications, information support for employees of the customs service of Ukraine and economic operators. Perspectives. It is advisable to continue scientific research on the use of the joint transit procedure in Ukraine, taking into account the expected updates of international legal norms regarding the implementation of mutual administrative assistance in relation to requirements, the establishment of rational operational cooperation, coordination and information exchange with other customs organizations, including for the purpose of managing transit operations and their tracking.

What Type of Disputes are Best Suited for Alternative Dispute Resolution -An Analysis in the Space of the Odds of Litigation

The scientific work is devoted to the fundemental of civil procedure in Ukraine such as inadmissibility of abuse of procedural rights. The goal of our scientific research is definition of theoretic aspects of the princilple of inadmissibility of abuse of civil procedural rights, analisis of the main kinds and forms of such abuse, problems of legal reglamentation and realization of this fundemental and effective ways to overcome and prevent the abuse of procedural rights in civil procedure. The high level of this scientific research's actuality depends on different factors, bit we will admit the main ones: 1) the urgent need in Ukraine to supply the access to effective, as fast as possible (without unreasonble delays) justice against the backdropof european integration processes; 2) the large number of complaints against Ukraine to European Court of Human Rights because of violation right to a fair trial; 3)the direct connection between the effective realization of the right to a fair trial and the good faith conduct of parties in the civil case; 4) frequent cases of abuse of procedural rights by parties in the civil cases in order to delay the consideration of a case. The author researched the term of abuse of civil procedural rights through the Ukrainian laws and law doctrine. Also it was differed from other similar legal categories. There were defined the main kinds and forms of abuse of procedural rights in national legal practice. Also there were given the characteristics to the most popular kinds of abuse of procedural rights in Ukraine. The author paid attention to legal gears of overcomming of abuse of procedural rights in civil procedure in Ukraine.

The introduction of the squeeze-out procedure into Ukrainian law took place several years ago. It was due to the implementation of Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004 on takeover bids as part of the implementation of the Association Agreement between Ukraine and the European Union. However, the resonance of this institution in Ukrainian legislation has not only continued to grow but is also gaining momentum. The purpose of squeeze-out is to balance the interests of majority and minority shareholders. However, there are ongoing discussions in the legal profession regarding the possibility of a possible violation of the subjective rights of minority shareholders in the event of forced deprivation of their ownership of shares, the setting of the share price, and the compliance of the procedure for the compulsory sale of minority shareholders' shares with the principle of inviolability of property rights. The institute of compulsory redemption of minority shareholders' securities at the request of a person (group of persons) holding a dominant controlling stake is new to the theory and practice of domestic corporate law. In the legislation of other countries and legal doctrine, the institute of public offer is a mechanism that guarantees shareholders' rights in the process of redistribution of corporate control and takeovers and ensures a balance of private and public interests in a joint-stock company. It is characteristic of a public company's exit from the public securities market. Given the relative novelty of the relevant procedure in Ukraine, as well as its controversy, it is advisable to study it in more detail. In particular, the author believes that it is advisable to consider the squeeze-out procedure in Ukraine in comparison with the EU for a deeper study. The purpose of the article is to analyze the history of the emergence and development of the squeeze-out institute in selected countries of the world, the mechanism of its implementation in national legislation, law enforcement practice, and to identify proposals for improving legal regulation and implementation. The leading scientific method used by the author in this study is the comparative method. The main objective of the article is to compare squeeze-outs in the EU and Ukraine. The author used the comparative method to obtain the results disclosed in the article and its conclusions. It was the application of the comparative method that made it possible to identify common and distinctive features in Ukrainian and European legislation, as well as to identify differences in the implementation of forced buyouts in EU member states.

Disintegration of the State Monopoly on Dispute Resolution – How Should We Perceive State Sovereignty in the ODR Era? The interests of state sovereignty are preserved in conflict management through adoption of a state monopoly for dispute resolution as the descriptive and constitutive concept of the resolution system. State monopoly refers to the state’s exclusive right to decide on the resolution of legal conflicts on its own soil, in other words, in the state’s territorial jurisdiction. This also forms the basis of international procedural law. This conceptual fiction is derived from the social contract theories of Hobbes and Locke, and it preserves the state’s agenda. However, such a monopoly is disintegrating in the Internet era because it fails to provide an effective resolution method for Internet disputes in cross-border cases, and, consequently, online dispute resolution has gained ground in the dispute resolution market. It raises the question of whether we should discard the state monopoly as the focal concept of dispute resolution and whether we should open a wider discussion on possible justificatory constructions of dispute resolution, i.e. sovereignty, contract and quality standards, as a whole, re-evaluating the underlying structure of procedural law.

The scientific article is devoted to a topical topic - problems and prospects for improving the functioning of the judiciary. The purpose of writing a scientific article is to outline the main problems related to electronic justice and to determine the prospects for further improvement of the functioning of this system. The article highlights the advantages of the electronic justice system, the current state of legal regulation, outlines problematic ways of functioning of electronic justice. Attention is drawn to the fact that the implementation of electronic justice requires the solution of many legal, organizational, material and technical problems, but the first steps are quite fruitful, because it is thanks to the capabilities of the electronic justice system in our country that the right of citizens to access the court is ensured. It is noted that the implementation of the electronic justice system determines the issue of protection of relevant resources. The issue of the introduction of "electronic cases" that would allow judicial proceedings to be carried out not only in paper but also in electronic form requires a legislative solution in the procedural codes. Prospective directions for improvement of electronic justice are highlighted. Further ways to improve electronic justice are proposed, namely: making changes and additions to laws and procedural codes in order to improve the state of legal regulation of electronic justice; further technical and software improvement of the electronic justice system; informational work with the judiciary to spread awareness about the electronic justice system, its advantages and features; creation of new structures that should provide software and technical support for the electronic justice system, develop, improve and implement relevant technologies; development of a mechanism for reformatting courts on the electronic judicial system. It is concluded that thanks to the system of electronic justice, a person is guaranteed the right of access to the court, the speed of consideration of cases by the courts, the improvement of the quality of court decisions, the saving of time for the judicial consideration of the case and the saving of court costs. The use of electronic justice should be recognized as one of the priority areas of reform and development of the administration of justice in Ukraine, improvement of justice in the resolution of legal conflicts.

Разрешение юридических конфликтов направлено на устра­нение противоречий между сторонами, возникших в конкретных правоотно­шениях. В статье анализируется понятие юридического конфликта в част­ноправовой сфере, выявляются существенные признаки, а также различные подходы к разрешению этих конфликтов. Дана характеристика понятий «раз­решение» и «преодоление» юридического конфликта. Отмечается, что раз­решение конфликта означает достижение положительного результата, то есть преодоление и устранение противоречий в правовой сфере, которые легли в основу конфликта. Resolution of legal conflicts is aimed at eliminating contradictions be­tween the parties that have arisen in specific legal relations. The article analyzes a concept of legal conflict in the private law sphere, identifies significant features, as well as various approaches to resolving these conflicts. The article describes concepts of "resolution" and "overcoming" of a legal conflict. It is noted that conflict resolution means achieving a positive result, that is, overcoming and eliminating contradictions in the legal sphere that has triggered the conflict.

In the broadest sense, forensic science is any science used in the resolution of legal conflicts. Forensic science has come to mean the study and practice of applying natural and physical sciences to the just resolution of social and legal issues. Application of forensic science reduces the number of cases entering the court systems by allowing many decisions to be reached before litigation. Forensic psychiatry concerns the practice of psychiatry in its special medicolegal context. Forensic psychiatrists must complete a psychiatric residency training program, and a few advanced post-residence programs have been instituted. Forensic anthropology deals with the identification of skeletal remains through the application of standard anthropological techniques. The law views forensic science as its handmaiden, and conflicts almost invariably are resolved in favor of the mistress. The chapter considers the distinction between the introduction of evidence and the introduction of an interpretation of that evidence.

The article examines the theoretical and methodological aspects of assessing the legitimacy of the judiciary, in particular in the context of the formation of relevant criteria.
 It was determined that the lack of legitimacy occurs only in the absence of legality, that is, in the case when judges or the court carry out their activities on illegal grounds or with a gross proven violation of the law. In all other cases, the degree of legitimacy of the judicial branch of government should be assessed, which in turn will open up new approaches and ways of improving the effectiveness of the organizational and legal support for the implementation of the judiciary.
 In addition, the activities of the judicial branch of government should be aimed at increasing the level of its own legitimacy, and therefore the trust of the society, because otherwise the resolution of legal conflicts will take place in another way, not by going to court , which reduces the authority of the state mechanism as a whole. Based on the analysis, it was determined that one of the criteria for the legitimacy of the judicial branch of government should be the quality of the judicial administration system, which is expressed in quite specific measures that would simplify access to the judiciary and monitoring the progress of its dispatch with the use of modern information and analytical technologies and tools.
 Conclusions were formed, which are that most of the analyzed modern approaches to the assessment of the legitimacy of the judiciary are related to the criteria for determining the quality of the administration of justice, which are scattered in various documents, in particular of the international level. As for the content of the criteria for such an assessment, the most common include: level of trust in the court; the quality of the judicial administration system; the level of satisfaction with the work of the court by the participants in the trial; conformity of court actions and decisions with legal norms; objectivity of the learning process, correctness of its result; independence and impartiality of the court during the resolution of legal cases, which is consistent with the observance of the relevant principles enshrined in the legislation.

The article presents a systematic analysis of the key legislative and institutional innovations in the field of Ukrainian labour law implemented throughout 2024. The relevance of the topic is driven by the scale of legal changes introduced in response to transformational challenges related to martial law, labour market digitalization, modernization of HR procedures, and the need to align national regulations with European labour standards. The paper examines the legal consolidation of the institution of succession in labour relations in cases of business transfers, the introduction of the legal status of domestic workers, the expansion of grounds for dismissal at the employer’s initiative, and the provision of special guarantees for employees of certain state bodies, in particular the Bureau of Economic Security of Ukraine. The author highlights the issue of legal inconsistencies arising from the multiplicity of new norms and assesses the effectiveness of legislative decisions from the standpoint of labour law doctrine. The article reviews regulatory initiatives aimed at simplifying HR documentation procedures, including the possibility of sending employment record books abroad and updating the national Classification of Occupations in line with emerging forms of employment. Special attention is given to the concept of the draft Labour Code, which aims to systematize labour legislation, increase the flexibility of employment relations, and expand the scope of contractual regulation. The author concludes that labour law reforms introduced in 2024 are primarily qualitative rather than quantitative, reflecting a substantial rethinking of the fundamental principles of labour regulation in the context of war, digital transformation, and European integration. The changes affect both the expansion of the material scope of labour law (particularly in regulating domestic labour, succession, and termination of employment) and the strengthening of imperative provisions in the public service sector. Emphasis is placed on the development of the draft Labour Code, which lays the foundation for future codification of labour legislation in accordance with European legal standards. It is emphasized that current reforms combine targeted legislative initiatives with systemic legal transformation, while also requiring normative harmonization, resolution of legal conflicts, and methodological support for law enforcement.

Objectives: The problem of legal conflict and non-compliance with the law often requires a more cultural approach, rather than relying only on coercion through the application of strict sanctions. The core problem of this problem lies in people's beliefs and consciousness which are often rooted in cultural devices that are different from the principles taken as the basis of state policy. Theoretical Framework: Legal culture, in this context, becomes important because it reflects the concretization of values held by a large part of society. This means that in addition to the substance and structure of the law, legal culture must also be understood as a key element in a complete legal system. Thus, the resolution of legal conflicts can not only be achieved through strict law enforcement, but also through understanding and adjustment to the cultural values that underlie people's behavior. Therefore, an approach that integrates these cultural aspects into the legal framework will be more effective in building legal awareness and increasing compliance with the law in society. Method: This research is a qualitative legal study that uses a socio-legal approach to understand legal dynamics in a social context. The subjects of this research include cultural societies in DKI Jakarta, as well as Jakarta cultural communities that have an important role in preserving and developing local cultural values. Results and Discussion: Strategies to prevent and counter radicalism in the DKI Jakarta area through cultural and legal approaches have proven to be effective and relevant in maintaining social stability and security. A strong legal culture, which includes fair and consistent law enforcement, plays an important role in reducing the space for radical ideologies by instilling legal awareness among the people of Jakarta. Research Implications: Overall, the cultural and legal approach in the strategy of deterring and countering radicalism in Jakarta is able to strengthen social resilience, create a sense of security, and maintain community integrity against various threats of radicalism, both from inside and outside Jakarta. Thus, this strategy needs to be strengthened and implemented continuously as part of efforts to maintain peace and security in Jakarta.

The Brazilian judicial system faces significant overload, raising serious ethical and practical concerns. This article seeks to explore the causes of this problem, highlighting the phenomenon of "predatory demands" and the underutilization of consensual means of conflict resolution. Alternatives are proposed to address this situation, aiming not only to improve the efficiency of the system but also to promote greater justice. Additionally, aspects of hermeneutics and legal argumentation are examined, emphasizing their importance in the interpretation and resolution of legal conflicts.