Law. Human. Environment (Feb 2023)
Correlation of mediation as an alternative way to protect civil rights and interests and tort liability
Abstract
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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