Правоприменение (Sep 2022)
Political conflicts and modern methods of their resolution in the legal field: potential and limitations
Abstract
The article is devoted to the consideration of modern methods used in the process of resolving political conflicts. The subject of the study is conflict as a political and legal phenomenon. The purpose of the article is to consider legal methods of resolving political conflicts as the most effective and civilized ways to achieve peace.The following scientific methods were used in the work: system, structural and network analysis, which allowed us to consider the totality of the main modern methods of resolving political conflicts, their potential and limitations. Psychological, philosophical, political and legal approaches were also applied in determining the category of "conflict" and its main characteristics.The study reveals the features of modern political conflicts, taking into account which the need to consciously approach the search and practical application of certain methods of their resolution is formed. It is emphasized that a special responsibility lies on the nuclear Powers, as well as on the leading world states and international organizations that create and maintain stability and unity of the global space of the modern world.As the results of this study, the most optimal, effective and rational methods of resolving political conflicts were noted as the most destructive and destructive types of confrontations. Their potential and limitations are highlighted. These methods are in demand in the plane of real conflict-prone realities and do not lose relevance in the modern world. Thus, such methods of resolving political conflicts as the game method, coercive diplomacy, civilizational approach, socio-cultural integration, structural functionalism and the network method were identified and analyzed. Also, legal methods were considered separately, which, according to the results of the study, were recognized as the most fair and consistent for a number of reasons. Among them, negotiations, mediation, arbitration (arbitration), the method of institutionalization of political conflict, political mediation and judicial proceedings are considered. The appeal to legal methods of resolving political conflicts becomes particularly relevant during the wartime period, when the threat of the use of nuclear weapons increases and war crimes are committed.According to the results of the study, it was concluded that legal methods of resolving political conflicts are the most effective and civilized among others. They are structured, clearly formulated in the form of regulatory legal acts, some of them can be implemented in the form of procedures with mandatory execution of the decision, are politically neutral, are carried out with the support of professionals and based on previous constructive experience.
Keywords
