Open AccessEFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS
Author(s) -
Nataliia Mazaraki
Publication year - 2018
Publication title -
naukovij vìsnik polìssâ
Language(s) - English
Resource type - Journals
eISSN - 2412-2394
pISSN - 2410-9576
DOI - 10.25140/2410-9576-2018-2-2(14)-180-187
Subject(s) - dispute resolution , mediation , settlement (finance) , alternative dispute resolution , political science , law and economics , institutionalisation , economic justice , legislation , resolution (logic) , state (computer science) , law , business , sociology , computer science , finance , algorithm , artificial intelligence , payment
Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation.Target setting.
The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes.Actual scientific researches and issues analysis.
The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution.Uninvestigated parts of general matters
defining.
At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated.The research objective.
There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure.The statement of basic materials.
The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities.Conclusions.
The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.