LEGAL ANALYSIS OF SETTLEMENT OF A DISPUTE INVOLVING A JUDGE
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2018, Vol 2, Issue 97
Abstract
Background. Because of the adoption of the new civil procedural legislation of Ukraine, an urgent question arises about dive study of the legal nature of the settlement of a dispute with the participation of a judge. There is a need for a clear understanding of the main features and principles of the procedure. Analysis of recent researches and publications. The subject of scientific research is the issue of legal regulation of mediation in Ukraine, as well as the definition of mediation models. However, there is currently no single approach to understanding the legal nature of the dispute settlement with the participation of a judge, which led to the conducting of this study. The aim of this article is the legal characteristic of settling a dispute with the participation of a judge under the civil procedural legislation of Ukraine. Materials and methods. In the process of research, methods of analysis and synthesis, generalization, system approach were used. The information base of the study was the current normative legal acts of Ukraine, as well as scientific works of domestic scientists. Results. The settlement of a dispute involving a judge is a new institution of civil procedural legislation of Ukraine. However, at present there is no single opinion of scientists regarding the assignment of this institute to mediation, or vice versa – separation from it. In some scientific studies, the dispute settlement with the participation of a judge is attributed to the mediation of the judge. The opposite opinion is shared by some domestic scholars who indicate that this procedure is a certain conciliatory procedure, which is not mediation in its fullest sense. The author of the article believes that terminological inconsistency may hinder the process of practical application of this institute within the civil justice system. Conclusion. The analysis of the current legislation of Ukraine and scientific sources allowed to determine the main features and criteria by which the settlement of a dispute with the participation of a judge can be considered as one of the types (models) of mediation.
Authors and Affiliations
Olena MOZHAIKINA
Keywords
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