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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.
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.
The article is devoted to identifying the needs of internally displaced students of Kharkiv's institutions of higher education in social services in the conditions of the large-scale Russian-Ukrainian war. It was found that in the conditions of large-scale Russian aggression against Ukraine, the largest part of IDPs in 2022 comes from the Kharkiv region; higher education and school students make up a quarter of all internally displaced persons (IDP). Almost all state institutions of higher education (21 out of 24), some student dormitories in Kharkiv were damaged to one degree or another. The results of a pilot study conducted by the authors in November 2022 and covering 83 IDP students of Kharkiv institutions of higher education are presented. It was found that 74 respondents believe that they are in difficult life circumstances, and 9 need the provision of social services to prevent difficult life circumstances. It was found that among the urgent social services needed by the respondents in the conditions of the Russian- Ukrainian war, employment, socio-economic services and psychological assistance dominate. The second level of needs consists of the need to provide housing, social-medical, legal and social-pedagogical services. Almost a third of the respondents (29 people) whose houses were destroyed were identified. Some respondents have difficulties with registration due to lost documents. There are IDP students who need humanitarian aid (food, medicine, clothing). Among the problems with ensuring the rights of IDP students to educational services, in particular, preferential study conditions and free use of dormitories remain. Therefore, in the conditions of a large-scale war, obtaining educational services, unfortunately, ceased to be the main priority for IDP students of Kharkiv institutions of higher education. There is a justified need to increase the number of social services, systematic social work with the specified category of students. Despite being in difficult life circumstances, a significant number of respondents (57 people) expressed a desire to benefit society, to participate in public activities, which indicates the growth of solidarity in society.
The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the alternative ways of protecting civil rights and interests. Philosophical, specifically hermeneutic, and general scientific methods of scientific cognition (generalization, logical, praxeological, prognostic and modelling, as well as bibliographic) were used in this study. Special legal methods were also applied: formal legal and comparative legal. Modern positions in the understanding of legal categories, such as civil protection and civil liability and the influence of modern conditions of society on them, have been established. Various approaches to the mediation procedure were presented, and the prerequisites for its occurrence in Ukraine and the world were revealed. The study investigated how the categories “protection of civil rights and interests”, “tort liability”, and “mediation” interact. The modern trends of the civil doctrine regarding the protection of civil rights and interests were examined, the specific features of tortious liability and the possibility of introducing the principles of restorative justice regarding the protection of violated property rights were covered. The legal and practical bases of the application of mediation were determined, the advantages of its application in various spheres of social relations were established. The study analysed the judicial practice regarding the procedure for stopping proceedings in a case due to transfer of the dispute to mediation. The given materials and research results can be used in practical activities by participants in civil legal relations for further scientific research, as well as mediators, teachers, students of various educational degrees, representatives of state authorities and local self-government bodies.
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