Stebelev А. Basic factors affecting the construction of a complete system of alternative methods of resolving disputes and conflicts in the field of public-legal relations

DOI: 10.33098/2078-6670.2023.15.27.2.135-142

Purpose. The purpose of the article is to study the basic factors affecting the system of alternative ways of resolving disputes and conflicts in the field of public-legal relations. It is especially noted that the need to form an effective mechanism for resolving disputes and conflicts, including in the field of public-legal relations, is conditioned by the need to ensure the stability of the domestic legal system. At the same time, if we talk about the need to form such a mechanism that will not only work quickly, but also really relieve the official judicial system, then it should not be represented by some separate segment, even if it is quite widespread and effective, but by an integral system of components and a set of subjects properly prepared for such activity. The methodology includes a comprehensive analysis and generalization of scientific and theoretical material, as well as the formulation of conclusions. In the course of the research, such methods are used as: logical, terminological, systemic, etc. Results. It is recognized that the possibility of using alternative methods of resolving disputes and conflicts, including in the field of public-legal relations, among other things, is determined by the right of a person to choose various means of protection of his violated, unrecognized or disputed rights and freedoms. It is precisely in connection with such a conceptual construction, which is based on the possibility of choosing alternative methods and mechanisms, and not using those formed within the monopoly power of the state, that the question arises not just about choice, but about the choice of a wide range of alternative possibilities that are not can be achieved without the involvement of various entities in such intermediary activities, which by the specifics of their activities are tangential to various spheres of realization of public and private interests and have their own special professional and competence capabilities. Originality. It has been established that in the formation of such a holistic and maximally branched system in specific objective realities, the following is necessary. 1. To take into account the entire complex of spheres within which public legal disputes and conflicts arise and which can potentially and actually be resolved using alternative methods, methods and procedures. 2. To take into account the essence and subject of the conflicts and public-law disputes themselves in order to develop the most optimal methods adapted to the specifics of such disputes and conflicts and taking into account all their diversity. 3. Pay attention to special variable models of the use of methods and techniques approved by social practice (including on the territory of other states), which can be aimed at and entail the prevention, minimization and resolution of disputes and conflicts. 4. Take into account the provisions of “soft law” when building a wide range of components of a single system of alternative resolution of disputes and conflicts in the field of public-legal relations. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the resolution of disputes and conflicts in the public-law sphere by alternative methods.

Key words: alternative ways of resolving disputes and conflicts in the field of public-legal relations, public-legal dispute, settlement of a dispute with the participation of a judge, “soft law” norms.

References

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