Gren’ N. M.
Lviv Regional Administrative Court Judge, Lviv, Ukraine
Conciliation proceedings as an effective way to overcome legal conflict
Analysis of
conciliation procedures as an effective way to overcome legal conflict theory
and practice is highly relevant.
The legal
conflict is a social ontological phenomenon, since differences of social and
legal interests of law have been and will be at any point in history of human
civilization.
Initially you
need to specify the nature of the conflict, because it is not just differences
of opinion and interest, it’s the highest stage of confusion. A
misunderstanding occurs in all social relations, but not all are legal.
Ukrainian scholar in conflictology S. Bobrovnyk submit the following definition
of a legal conflict, as a condition of two-way communication entities is based
on the legal conflict characterized by disturbance or hindrance in the performance
of their interests and the cause of the crisis or social relations [1 , p.29].
Later quoted
author identifies the following signs of conflict: legal conflict appears in
the legal field; it involves certain legal consequences for participants of
social relations; based in contrast, is not overcome; is the highest stage of
conflict; provides two-way relationship between the actors; a breach or
obstacles in the implementation of subjective interest; is destructive to the
legal sphere; may cause a crisis for public relations; is somewhat positive as
it encourages the development of social relations [1, p.30].
Since we are
considering legal conflict in terms of the possibility of settlement it is
necessary to focus on additional signs of conflict, including, we believe
should be made legal institutional form its legal settlement, public and
publicly recognized procedures by the competent authorities. It's also
important to differentiate solutions to the conflict. This can be a legitimate
(legal) way and illegal, such vendetta, etc.
Since legal
conflict reaches a higher level of confrontation, the solution is important for
the parties, the society and the state, as social tension is removed. The legal
dispute is possible in two ways: by consensus between the participants of the
conflict and state-powerful imperative casual nature. Issued by the competent
authority (usually the courts).
It is important
in the context of conflict relations reform to encourage conciliation as a
special way to overcome legal conflict as conciliation conflict stabilization
is an important tool of public relations.
Reconciliation -
a comprehensive legal institution formed by several branches of law, because
there is no single definition of it due to the fact that the principles and rules
of reconciliation for the different branches of law differ significantly.
Conciliation may have different reasons depending on the social purpose or
conciliation. By themselves they are not the only way to resolve conflicts.
However, it is in laws they reveal a potential regulatory and conciliatory,
according to legislation aimed at achieving sustainable social development.
Literature [2,
p.187] identifies the following factor possibilities of introducing
conciliation procedures, especially at first, rising social tension in society
and significant opportunities conciliation procedures in its resolution;
Second, the historical background as a public legal awareness activities for
the reconciliation of the parties to the conflict are not always associated with
the operation of certain private institutions that were created exclusively for
this purpose, so-called mediators, mediators, conciliators, arbitrators, etc.;
Thirdly, nowadays the duty of judges to encourage the parties to a friendly
settlement is not simply declared by the international community, but also
recognized as a means of strengthening the independence of judges (here
especially the emphasis on the recommendations of the Council of Europe Cabinet
of Ministers [3]).
Of course you can
agree with the author about international standards conciliation procedures,
but stated in the national reconciliation practice efficiency, particularly in
the field where most regulated - labor law is somewhat exaggerated. Because the
legal and socio-organizational framework for the implementation of the
conciliation procedures should be extended.
The value of
reconciliation in the area of conflict resolution is to take legal conflict
parties mutually acceptable solution to resolve controversial situations
through mediation, allowing unless avoid stressful situations, or at least
reduce the size of their effects on the human body.
Literature
1. Бобровник
С. Правовий конфлікт: поняття, ознаки,
природа та різновиди [Електронний ресурс] / С. Бобровник // Вісник Академії
правових наук України . - 2011. - № 1(64). - С. 26-33.
2. Цибуляк-Кустевич
А. С. Перспективи впровадження
інституту примирення в цивільному судочинстві України / А. С. Цибуляк-Кустевич
// Вісник Академії адвокатури України . - 2010. - Число
2. - С. 187-190. С. 187
3. Рекомендація
N (94) 12 «Незалежність, дієвість та роль суддів» ухвалена
Комітетом Міністрів Ради Європи 13.10.94 р.//
[Електронний ресурс]. — Режим доступу : :http://zakon.nau.ua/doc/?doc_id=139511