SETTLEMENT OF A DISPUTE WITH THE PARTICIPATION OF A JUDGE

Abstract

This research is devoted to the "settlement of a dispute with the participation of a judge" institute, which at the end of 2017 was introduced into the administrative, economic and civil processes of Ukraine. During the preparatory proceedings the legislator has provided for the plaintiff and the defendant the opportunity to apply the procedure of peaceful settlement of a dispute with a judge. Of course, for the short time of existence, settlement of a dispute with a judge does not have the proper application in judicial practice. This is due to caution of the subjects of its application, and so the uncertainty and sometimes incomprehensibility purpose of this procedure. There are many subjective and objective factors. But the key is the Ukrainian’s perception of court, mainly as a punitiver, than a state body that protects human right and inability to conduct constructive negotiations and agreement. Despite these obstacles, it should be done as evidenced although rare positive jurisprudence [1]. The main focus of the research of the institute of dispute settlement involving judges should be the unification of the provisions relating to procedures foundations (principles, the beginning and the end, the order and timing of, etc.). Thanks to the practical application, the order of the procedure will be improved. But there are issues that require theoretical development. Based on the available papers of scientists and practitioners, items in this article will attempt to reveal the concept of settlement of a dispute with a judge: opportunities and risks.