ТЕОРЕТИЧНІ ІНТЕРПРЕТАЦІЇ ПОНЯТТЯ ТА КОНКРЕТИЗАЦІЯ ЗМІСТУ АЛЬТЕРНАТИВНОГО ВРЕГУЛЮВАННЯ ПУБЛІЧНО-ПРАВОВОГО СПОРУ

Abstract

Stepanenko O. Theoretical interpretations of the concept and concretization of the content of alternative resolution of public law dispute. The financialburden on the state budget, the loss of confidence in the ability to protect rights throughpending cases. A decrease in the rate of consideration of the case is also an indicator that a significant part of the business is partially paralyzed, and is forced to look for other ways to make a profit. On the one hand such a delay affects the filling of the budget through taxes, and on the other hand increases the level of dissatisfaction with the state’s inability to create conditions for the availability of
alternative dispute resolution. Courts are overburdened with cases by a third in terms of their functional capacity. Consequently, such a pace of consideration requires the attraction of additional resources,
such as alternative methods of resolving disputes, which will positively affect on the resolution
of public law disputes even at the stage of their inception, and this will significantly affect the development
of the country as a whole. the courts, the lack of sufficient information about others alternative methods of dispute resolution, besides the court, safety options of solving disagreements (disputes) – all these aspects are increase irritation in society at the mere thought of the need to go to court. Focusing on trying to prove that the other side of the dispute is wrong does not allow us to focus on finding solutions and resolving the situation. The use of alternative approaches would reduce the level of tension in relations between the parties regarding the existing dispute and shift the focus to further interaction and cooperation.
And although for some types of disputes, litigation may remain the only way of settlement, but for many
claims, litigation, where the parties compete and establish who is wrong and who is right, can, of the times,
transform to approach of alternative resolution and communication changes. The situation itself, as well
as the relationship itself, will have a great value, which will further lead to positive shifts on the way
of alternative methods for resolving the dispute, and as a result, to the development of the country’s economy, and will also affect on international cooperation.
   Indeed, according to statistics and analysis of judicial practice, as of 2019, the situation looks like the courts cannot cope with the load. And this shows us that the number of administrative cases, namely to them, we refer to the category of public law disputes, indicates an excess of the number of cases submitted to the court, which leads to the accumulation of