Court Procedures Research Articles

Penyelesaian Sengketa Mawah di Lembaga Adat Aceh dalam Hukum Islam

Mawah transactions in Aceh is agree orally without written evidence, potentially leading to prolonged disputes. The mawah agreement does not mention a time limit for the duration of the agreement with a certain period of time, causing the heirs of the mawah property manager to sue. If there is a dispute in Acehnese society (including mawah disputes) it will be resolved through peaceful means and/or customary courts before being handed over to the police. This research approach uses an empirical juridical approach that aims to examine aspects that must be considered in resolving mawah disputes and procedures for resolving mawah disputes in Aceh Customary Institutions based on Islamic law. The results showed that aspects of the agreement, legal aspects and judges need to be observed so that the settlement does not violate Islamic law. The dispute resolution procedure in the Acehnese customary court is in accordance with the settlement in Islam which is in the nature of the settlement in accordance with peace (aṣṣulh) and the form of implementation is in accordance with the judiciary (al-qaḍā) with an appeal at the Mukim level if Keuchik unable to complete. Furthermore, if the customary court has not been able to be resolved it will be resolved through the Religious court, for Aceh the Religious court is called the Shar'iyah Court.

A Girls’ Army of Vengeance?: Perceptions of Sexual Violence against Children in post‐1905 Russia

AbstractThis article offers a microhistorical reading of a criminal case of sexual violence in 1908 St Petersburg. It traces the re‐interpretation of underage girls from innocent victims to potential prostitutes and carriers of debauchery and disease. Furthermore, after this case, the perceptions shifted from pitied victim to source of threatening vengeance. This discursive shift took place in newspapers, court procedures but also in charity organisations encountering victims of sexual violence. While vengeance is usually reserved as a trope for framing the actions of adult victims of sexual violence, here it was explicitly applied to underage girls, thereby rendering victims of sexual violence a threat to Russian society.

AN EXPLORATORY LITERATURE REVIEW OF MARRIAGE COURSE & DIVORCE IN MALAYSIA: AN APERTURE TO FUTURE STUDIES

Marriage Course or Pre-Marriage Course is an expression that we often hear before every bride-to-be step into the wedding gate. The marriage course is a mandatory course that must be attended by every Muslim couple before establishing a legal marriage in Malaysia. Marriage course is usually held for two days and aims to provide fruitful information to future husbands and wives before both of them enter into marriage, so that they are well-prepared later. Although this course has been made mandatory for Muslim couples in Malaysia, there are still many married couples who get divorced after sailing through the world of marriage. A few parties also blamed the marriage course provider and linked it as one of the factors of divorce among Muslim couples. Hence, studies related to the marriage course and divorce among Muslim couples are critical to be studied further in Malaysia. This study aims to explore the trend of literatures related to marriage course and divorce in Malaysia. This study is a qualitative design by nature. The researchers have collected the data via library research method and analyzed the data using content analysis technique. The result of the study proves that there are many studies that have been carried out related to marriage course and divorce among Muslim couples in Malaysia, but yet, all of these studies are more concerned about Islamic legal aspects, court procedures, psychology, counseling, fatwas as well as causes and consequences of divorce. Not many studies have been carried out related to marriage course and divorce involving quantitative research design with various demographics of respondents on a large scale which give more effective impacts and solutions at the Malaysian level.

Evolution of Alternative Dispute Resolution in India: Stepping to Effective Justice System

Alternative Dispute Mechanism is considered the most important and significant aspect in modern period of dispute settlement. It is an old phenomenon and method to resolve the disputes through amicable settlement. It will help to resolve the dispute without interfering by rigid court procedure and formalities. ADR mechanism prove very useful, vital and more effective in commercial and civil disputes. The complicity of commercial and civil disputes can easily manage through the ADR without interfering by technicalities and complex procedure of law. The nonintervention by advocates and court will make it more effective tool for dispute settlement. It may consider as alternative method of justice delivery system in India. In this research paper the researcher will try to analysis the ADR system is alternative method of dispute settlement and path for the alternative mechanism of existing complex judicial system. The research will be competed with an objective to explore the study between the conventional method vis-a-vis ADR method of dispute settlement and will conclude by providing some effective solutions that ADR is considered as a primary option in settlement of disputes

Problems in English-Chinese and Chinese-English legal translation: with a case study of mistranslations

In this article, characteristic features of the Chinese legal language are approached from the perspective of legal translation from and into Chinese. The main focus is put upon the emergence of meaning in legal texts, which is reflected in the process of legal translation. Problems of meaning emergence in the Chinese law are regularly connected to legal transfers and legal implants borrowed from foreign languages such as English as well as other text forming devices. Translation is regularly inherent in such processes. As a result, legal translation influences processes in which legislation and the legislative language are shaped. Meanwhile, general problems of translation remain out of the scope of this study. Therefore, specific features of translation of legal texts from and into Chinese dominate the discussed issues. These specific issues include some little-explored ones such as translating traditional Chinese law and social attitudes to legal translation. Moreover, Chinese is the language of legislation and of court and administrative procedures in several jurisdictions as well as in numerous international organizations. Its legal status differs from jurisdiction to jurisdiction and displays its pluricentric character. Legal acts that are issued in these jurisdictions demonstrate therefore different levels of terminological formation and other legal-linguistically relevant varieties. It is the task of legal lexicography to register lexical varieties of legal Chinese in the relevant jurisdictions. Examples based on translations of legal texts in Mainland China, Hong Kong and Macau complement the main corpus of the article. The analysed texts show that legal translation and shaping legal language are closely interrelated creative activities.

Problems of legal regulation of the use of artificial intelligence technologies in court procedures within the framework of the ukraine-eu action plan

The article is devoted to the study of discussion issues of scientific developments in the field of legal support of the implementation of the technology of "artificial intelligence" in the judicial procedures of Ukraine on the basis of international experience and taking into account the latest changes in the legislation of Ukraine. The article deals with the main international legal principles of artificial intelligence application, their practical implementation in Ukraine, the problems of defining the main institutional categories, separating the technical aspects of the functioning of “artificial intelligence” from the legal ones and trying to determine the key factors that the legislator should consider in the development of legislation in the field of implementation of “artificial intelligence” in legal proceedings. The legal analysis of five principles of artificial intelligence functioning in legal proceedings is carried out, the development of four forms of interaction between artificial intelligence and human in legal proceedings is presented, the risks of artificial intelligence application in democratic societies are analysed. Separately, the article analyses the controversial introduction of the category of “electronic person (personality)”, expressed a position on the inadmissibility of granting the legal personality of artificial intelligence technology

“Court Can Happen Anywhere”: Courtroom Workgroup Members’ Perceptions of the Challenges and Opportunities of a Transformed Workplace

The COVID-19 pandemic has initiated lasting changes in a traditionally staid and inert court system. This study employs a courtroom communities perspective to examine how courtroom workgroup members perceived COVID-19’s impact on their work, their workgroup relationships, and the future of criminal court procedures. It analyzes data from semi-structured interviews with 22 prosecutors, 17 defense attorneys, and 10 judges in Milwaukee, WI, and St. Louis, MO. We find that moving to virtual proceedings limited opportunities for informal interaction. The immediate impact was to upend the courtroom communities’ familiarity, proximity, and stability with implications for plea negotiations and case resolution. Nevertheless, most participants supported using virtual proceedings for certain types of court hearings. Public defenders were more likely than prosecutors, judges, or private defense attorneys to express concerns about technological difficulties for defendants. We conclude by discussing policy and practice implications and identifying areas for future research.

Artificial intelligence in judicial proceedings and court decisions, potential and risks

This article traces the role of artificial intelligence (AI) in the judiciary and its impact on judicial decision- making processes. It explores the potential of AI in the field of justice, and also reveals the potential risks associated with its use.
 The article examines various applications of AI in the judicial system, including automated processing of legal information, analysis of large volumes of data, prediction of court decisions and the use of assistant robots to support judges in decision-making. The use of AI can speed up judicial processes, improve access to justice and reduce the influence of the human factor on judicial decisions.
 However, the article also draws attention to the potential risks of using AI in the judiciary. These risks include the possibility of algorithmic unfairness, lack of transparency of algorithms, breaches of data confidentiality and privacy, and liability issues for errors that may be made by AI. The authors of the article recommend considering these risks when implementing AI in the judiciary and developing ethical standards and legal frameworks for its use.
 The general goal of the article is a balanced coverage of the potential and risks of AI in the judiciary, which helps readers get an objective picture of innovations in the field of the judicial system and their impact on the process of judicial decision-making.
 The article also explores the use of artificial intelligence (AI) in the judiciary and its impact on judicial decisions in global practice. It review current trends, problems and prospects related to the use of AI in the legal system. It also analyzez the legal, ethical and social aspects of the involvement of AI in court procedures. In addition, the article offers conclusions and recommendations for the further development of this technology in legal practice.

The procedure for resolving domain disputes

The article is devoted to a complex scientific study of the procedure for consideration and resolution of domain disputes. The article discloses the legal nature of the domain name, features of judicial and extrajudicial dispute resolution. It has been established that the subject of domain disputes is the illegal use of other people’s trademarks, commercial names, other commercial designations, and copyright objects in domain names. It has been proven that the procedure for resolving domain disputes can be judicial or extrajudicial; in the case of a judicial procedure for the protection of rights to a domain name, disputes are considered by a court, in an out-of-court case, by an arbitrator of the WIPO Mediation and Conciliation Center (or another similar structure). It has been proven that a significant problem in law enforcement is legal uncertainty regarding the legal regime of a domain name. It has been established that a domain dispute arises regarding the legality of the use of a domain name by a certain person. It is justified that a domain and a domain name are not identical concepts; a domain name is a unique name of a part of the hierarchical address space of the Internet, in relation to which domain disputes arise. It is substantiated that the determining factor for the protection of the violated right by the court is the correct identification by the plaintiff of the object of the intellectual property right, for the protection of which a case has been initiated in court, and which is reflected in the content of the domain, since in case of failure to indicate such an object, the court may refuse to satisfy the claim , because the domain itself as an object does not receive legal protection.It has been established that the out-of-court procedure for resolving domain disputes is a convenient mechanism for the prompt protection of rights to a trademark that is displayed in someone else’s domain name without the right holder’s permission and thereby creates confusion with the right holder’s trademark, providing undue influence on consumers.It has been established that the reason for the occurrence of domain disputes is: the domain name is identical or deceptively similar to the trademark to which the plaintiff has intellectual property rights; the owner of the domain name has no rights or legal interests in the domain name; such domain name is registered or used in bad faith.It has been proven that when resolving domain disputes, special methods of protecting domain name rights are used – re-delegating domain name rights to the plaintiff or canceling domain name registration.It has been established that the judicial procedure for resolving domain disputes is universal and can be applied to the protection of rights to any object of intellectual property rights that can be reflected in a domain name (it concerns not only trademarks, but also commercial names, geographical indications, copyright objects, etc.). It is justified that such an approach is expedient to apply in relation to the out-of- court procedure for resolving domain name disputes, however, the relevant provisions must be approved by ICANN, making appropriate changes to Uniform Domain Name Dispute Resolution Policy.

The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation

Mediation based on good faith is one of the characteristics of the Indonesian nation to resolve disputes that occur, starting from the smallest scope, namely the family, to the large scope, such as in government and statehood. With the birth of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Focus on this article on the nature and implications of the principle of good faith in resolving default disputes due to the non-implementation of agreements through judicial mediation. So it is hoped that the mediation process can overcome the problem of case accumulation. If a dispute can be resolved through mediation, there is no need for further legal remedies such as appeals, cassation, and even judicial review, which leads to the Supreme Court, so there is a buildup of cases. In addition, the mediation process, which is a non-litigation process, is a faster settlement process and has low costs compared to the litigation process through trial.How to cite item: Shanty, Wika Yudha. “The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 223-233. DOI: 10.26905/idjch.v14i2.10863.

A Virtual, 3D Multimodal Approach to Victim and Crime Scene Reconstruction.

In the last two decades, forensic pathology and crime scene investigations have seen a rapid increase in examination tools due to the implementation of several imaging techniques, e.g., CT and MR scanning, surface scanning and photogrammetry. These tools encompass relatively simple visualization tools to powerful instruments for performing virtual 3D crime scene reconstructions. A multi-modality and multiscale approach to a crime scene, where 3D models of victims and the crime scene are combined, offers several advantages. A permanent documentation of all evidence in a single 3D environment can be used during the investigation phases (e.g., for testing hypotheses) or during the court procedures (e.g., to visualize the scene and the victim in a more intuitive manner). Advanced computational approaches to understand what might have happened during a crime can also be applied by, e.g., performing a virtual animation of the victim in the actual context, which can provide important information about possible dynamics during the event. Here, we present an overview of the different techniques and modalities used in forensic pathology in conjunction with crime scene investigations. Based on our experiences, the advantages and challenges of an image-based multi-modality approach will be discussed, including how their use may introduce new visualization modalities in court, e.g., virtual reality (VR) and 3D printing. Finally, considerations about future directions in research will be mentioned.

Eksistensi Advokat dalam Penyelesaian Sengketa Perdata melalui Mediasi

The existence of mediation is a very good step in resolving disputes between the two parties to reach an agreement by not relying on winning and losing. In Indonesia, the regulations regarding mediation are regulated in the provisions of Article 130 HIR and 145 RBg, which later these articles were made effective through Supreme Court Regulation (Perma) Number 1 of 2016 concerning Mediation Procedures in Courts. The implementation of mediation carried out by the parties often ends in a stalemate, meaning that the two parties fail to reach an agreement to reach peace so that the case will be examined and decided by the court through examination and judge's decision (op tegenspraak). The legal issue discussed in this study is how advocates practice in directing parties to resolve disputes through mediation. This study uses normative legal research methods. With the following results; an advocate should reduce his selfishness to not only think about the benefits of his client but also think about the interests of other parties so that an agreement is reached and get the best middle ground for both parties. This is the main goal of successful mediation, namely a win win solution. Furthermore; In providing legal services in the mediation process, an advocate must maintain and maintain the values that exist in each of the parties. These values are religious values, moral values, ethical values and a sense of justice towards the rights and obligations of both parties.

The Role of Mediation in Civil Case Settlement Banyuwangi Court

It is clear from the research and analysis that the Banyuwangi District Court's procedure for settling Civil Case No. 12 / Pdt.G / 2018 / PN. Byw went through three stages and was in compliance with PERMA No. 01 of 2008 concerning Mediation Procedures in Courts. The Pre-Mediation Stage, Mediation Process Stage, and Post-Mediation Stage are some of these stages. In Civil Case No. 12/Pdt.G/2018/PN. A violation of contract and an illegal act formed the basis of the complaint. At the first trial in this civil action, the court attempted to mediate a settlement for the parties, and the mediation's conclusion was mutually agreed upon, stated, and affirmed in the judgment and stipulation of the Deed of Peace No.12/Pdt.G/2018/PN.Byw.

Giving and Taking Voice: Metapragmatic Dismissals of Parents in Child Welfare Court Cases

Applying tools of linguistic anthropology to ethnographic research conducted in a California child welfare court, this article analyzes how commentary by attorneys and judges about the language practices of parents and other communicative practices normalized the dismissal of the voices of marginalized lay actors throughout their cases. This commentary is an example of what linguistic anthropologists describe as “metapragmatic discourse,” or the use of language to foreground language itself and what language can accomplish in social exchanges. I introduce the concept of “metapragmatic dismissals” to describe how attorneys and judges in the child welfare context positioned parents’ language practices and overall personhood as suspect, often before parents even entered the courtroom. I identify practices of silencing, voicing figures of disbelief, and the use of metapragmatic labels of “lies” and “excuses” as common forms of metapragmatic dismissals that are supported by norms of court procedure, standards of evidence, and institutionalized discretion. This concept provides new insights into legal experiences in child welfare courts and, more generally, offers a valuable analytical framework for scholars who study the intersection of law, language, and power.

Provision of evidence in civil proceedings: a historical and legal outline of the development of legislation

In the work, research was carried out in the historical and legal context of the institution of securing evidence in civil proceedings, the origins of the modern system of normative provisions on securing evidence, the main stages of the development of civil procedural legislation in this part were revealed. Modern legislative approaches to the legal regulation of procedures for providing evidence in civil proceedings and problematic aspects of law enforcement are analyzed. In the 2017 edition, the Civil Code of Ukraine established certain novelties in the legal regulation of the procedures for securing a claim. Thus, the court, at the request of a party to the case or a person who may acquire the status of a plaintiff , must provide evidence if there is reason to assume that the means of proof may be lost or the collection or submission of relevant evidence will later become impossible or difficult. Ways of securing evidence by the court are questioning of witnesses, appointment of expertise, demand and (or) review of evidence, including according to their location, prohibition to take certain actions regarding the evidence and obligation to take certain actions regarding the evidence. In necessary cases, the court may apply other methods of securing evidence determined by the court. In the new civil procedural legislation, the list of methods of providing evidencehas been expanded, the terms for filing a lawsuit in the case of submitting anapplication for providing evidence before the opening of proceedings in the case have been extended, the procedure for providing evidence when transferring a case to an arbitration court and international commercial arbitration, detailed requirements for form and content have been clarified applications for the provision of evidence. Key words: provision of evidence, proof, means of proof, civil proceedings, court procedures

The civil process of the European Union: concept and main Features

The article concerns the concept of the civil proves of the EU. So it is established that the system of civil procedure acts of the EU consists, on the one hand, of normative legal acts that regulate the general provisions of the process, and on the other hand, of those that establish direct cooperation between the member states of the Union for the proper implementation of judicial proceedings. Such a complex has created a single legal space within which cooperation enables effective resolution of civil and commercial disputes. Analyzing the main characteristics of the EU civil process, it is noted that the policy of the EU is to respect the legal traditions of the member states, which do not violate EU law and the practice of the European Court of Human Rights. In view of this, unification of court procedures and their implementation on the basis of uniform principles. Given the broad nature of the EU civil process, it is specified that its place should not be narrowed down to an institution of private international law. In particular, this is due to that EU law has an independent and at the same time integrative character, which makes it possible to talk about its supranational character. The multi-level legal system and the presence of regulatory legal acts, which are universal for member states, are also an argument in favor of its separation from a purely domestic legal system. The next reason for such a position can be the fact that the EU Court is aseparate institution of the EU, which is empowered to consider cases, including claims by individuals and legal entities in the civil and commercial spheres, as well as the function of interpreting EU regulations. Therefore, the implementation of such judicial proceedings is determined by independence. It should also be noted that one of the EU's activities includes the development and implementation of general principles and standards of judicial proceedings for their further implementation in the civil process of both the EU and member states. In view of this, it can be seen that civil justice goes beyond the borders of only a certain country. Taking into account the outlined concepts, as well as the theoretical and practical aspects indicated in the research, in order to formulate the category of EU civil process, it is advisable to proceed from its dual nature: on the one hand, the influence of the European Union on the harmonization of the legislation of the member states with the aim of deepening cooperation between them, on the other, - the existence of a separate set of legal norms that regulate civil procedural relations. In view of this, the following definition can be proposed: EU civil process - the procedure for judicial cooperation of member states in civil and commercial cases, as well as the procedure for consideration and resolution of such cases, established by the system of EU legalacts. At the same time, the main features of the civil process of EU include: independence,which consists in the presence of separate legislation in the field of civil process and separate institutions, in particular the EU Court; subsidiarity, which defines the interaction of the EU as an association and its member states to achieve the effectiveness of the administration of justice in civil and commercial cases; is based onthe principle of proportionality of the general interest in ensuring the effectiveness of the EU civil process and the interests of the member states, which consists, inparticular, in respect for their national legislation and legal tradition. Key words: civil procedure, European Union, standards of civil procedure, EUCourt, judicial cooperation.

Preparation of Children for Deposition in the Court in POCSO Cases: Insights from Children’s Perspectives

The Protection of Children from Sexual Offences (POCSO) Act (2012) is a progressive legislation enacted in accordance with the child protection policies of India, with a basic premise of gender neutrality and with due consideration to the aspects of child development in complex and difficult judiciary processes. Deposition of the child survivors is a critical part of the POCSO trial processes. It is of paramount importance to consider the developmental and mental health aspects of children and how that would influence their understanding of the judicial processes and mental health consequences during judicial proceedings. Despite the guidelines and support measures for child-friendly court procedures, the courtroom experience can be intimidating for children causing stress and in turn negative mental health impact, and preparation interventions are of immense help in this context. We present two case vignettes where court preparation interventions were used to help children to feel empowered and confident, and minimize the impact of re-traumatization experienced in recounting their abuse experiences and consequently, enabling children to provide accurate testimony in the court.

영업비밀 침해 사건 피해자의 형사공판절차 참여권 확대 방안 검토

The protection of trade secrets is not only beneficial to individual businesses, but also directly linked to the interests of the nation and society as a whole. Therefore, prosecutors responsible for maintaining public prosecution in cases of trade secret infringement have a heavy duty to lead guilty verdicts and appropriate sentencing based on a deep understanding of the technical details of the trade secret in question. With the advent of the Fourth Industrial Revolution, the types and technical complexities of trade secrets have been rapidly increasing. In this context, the victim is often the person who possesses the deepest understanding of the technical details of the trade secret in question. Therefore, expanding the participation of victims in the trial process of trade secret infringement cases is not only crucial for maintaining public prosecution in individual cases but also serves as a significant task in the realm of safeguarding public interest. In this article, we intend to examine various measures to expand the participation rights of victims in the criminal trial process of trade secret infringement cases. This topic shares several points with the broader issue of expanding the participation of victims in general criminal cases, and we will explore them together. Firstly, various actions such as victims engaging in interviews with prosecutors or submitting materials to prosecutors outside of the court are legally sound and justified when examined from multiple perspectives, including the “permissibility and scope of investigation after indictment” and “allowance of pre-trial witness interviews with prosecutors.” In particular, the exchange of opinions and information between prosecutors and victims regarding technical aspects is crucial for the proper prosecution of trade secret infringement cases. Moving on to the possibilities for criminal victims to participate in the procedures in court, generally, victims have the right to express their opinions and make statements based on the Constitution, as well as specified in the Criminal Procedure Act and Criminal Procedure Rules. For certain crimes such as sexual violence offenses, there are separate provisions in the law that ensure the right of victim's counsel to express their opinions and make statements. In relation to this, the author believes that it is possible, based on the interpretation of current laws and regulations, to recognize the legal right of victim's counsel to express their opinions and make statements in court regarding general criminal cases including trade secret infringement cases. Furthermore, the author believes that such recognition is necessary. The basis for this argument is that, firstly, allowing victim's counsel to express their opinions and make statements is the most effective means to adequately protect the victim's right to present their views in court. Secondly, the principle against analogy takes a significantly relaxed attitude towards procedural law. Moreover, there is a precedent where the provisions of criminal procedure law regarding defendants have been analogously applied to defense counsel. Thirdly, the Criminal Procedure Rules include provisions that assume the possibility of all crime victim's counsel expressing their opinions and making statements in court. Fourthly, there is no reason to distinguish between trade secret infringement cases and other cases such as sexual violence offenses when considering the necessity of guaranteeing the right of victim's counsel to express their opinions and make statements. Fifthly, by challenging the credibility of the opinions expressed by victim's counsel in court, the defendant's side may have an opportunity for additional defense. Sixthly, the scope of rights held by victim's counsel in court after prosecution should be balanced with the scope of rights held by victim's counsel during the pre-prosecution investigation stage.

Lucrative Role of Financial Institutions on Willful Default - Financial Risk, and Fiscal Recovery: Evidence from Judgements of Apex Courts in Pakistan

The study theoretically supports financial institutions regarding financial risk which can criminally proceed against customers, expose willfully default-financial risk or not? The FIO, 2001 and judgments of Apex Courts have privileges i.e. fiscal recovery of suits under FIO, 2001, Code of Civil Procedure (1908-Act, V), Code of Criminal Procedure (1898-Act, V) and judgements of Apex Courts. These are the domains on Willful Default financial risk. Overall results explored that FIO, 2001, Order 37 of CPC and judgments of Apex Courts support to protect rights and interests of financial institutions through Banking Courts but initiation of criminal proceedings shall be through investigation agencies (FIA and NAB), appointed by Federal Government section 20 (7) of FIO, 2001 and action accordingly. The theoretical view has important implications for financial institutions that they may consider FIO, 2001 as a safer flight during criminal proceedings through investigation agencies against customers with respect to Willful Default (WD) financial risk, and fiscal recovery. Moreover, the regulators may decide to control the financial position of banks due to willful default financial risk.

The main advantages of using alternative methods of resolving disputes and conflicts in the public legal sphere

The article analyzes issues related to the advantages of using alternative methods of resolving public legal disputes and conflicts. It is pointed out that the modern judicial system, acting as a separate branch of state power, occupies a special place in the system of the state mechanism and, accordingly, has its own competence in this area. However, like any system of state institutions, it is not without common shortcomings, the totality of which significantly reduces the judicial system's ability to provide resolution of the entire range of legal disputes and conflicts that cannot be resolved by the parties without the involvement of a professional "third party". In particular, it is pointed out that the inefficiency of the judicial system, long terms of consideration of cases, banal red tape, formalization, incomplete consideration of real legal interests, not always proper execution of court decisions, substantial court costs, etc. can be attributed to such shortcomings. All these shortcomings act as a factor that pushes a wide range of people to find new ways to resolve disputes and conflicts, bypassing state court procedures. At the same time, we are actually talking about the fact that the factor of the birth and quite dynamic development of alternative methods of resolving disputes and conflicts, including public legal ones, in various states are, on the one hand, significant shortcomings of the existing judicial systems, and on the other hand, the real advantages of the above-mentioned private dispute resolution systems. It is noted that the advantages of alternative methods of resolving disputes and conflicts, including in the public legal sphere, are caused by the shortcomings inherent in the official judicial system. It was the shortcomings of the latter that prompted an intensive search for alternative methods and became a factor in their further dynamic widespread use. At the same time, alternative dispute resolution has its own special advantages regardless of the weakness of the functioning of the state court. It is noted that the factor of saving public funds, which is discussed in the context of the introduction of alternative resolution of disputes and conflicts, quite often acts as a driving force for the introduction of new approaches and innovative solutions. At the same time, the system of alternative resolution of disputes and conflicts has a number of other advantages, which are primarily aimed at ensuring the legitimate interests of the parties, at implementing a relatively comfortable procedure for resolving legal disputes and conflicts. After all, a properly organized process of applying the entire set of various forms, methods and methods due to their above-mentioned advantages will relieve the judicial system, create appropriate conditions for access to justice for other subjects, promote legality and law and order, reduce conflict between the parties, create conditions for more guaranteed and comfortable observance and implementation of the legal interests of the parties, improvement of the situation with the execution of court decisions, introduction of innovative approaches within legal practice, will contribute to the development and implementation of new techniques and methods of legal technique, harmonious development of the legal system, etc.