IMPROVEMENT OF SECTORAL LEGISLATION OF UKRAINE IN THE CONTEXT OF DEVELOPING ALTERNATIVE DISPUTE RESOLUTION METHODS

Abstract

The article is focused on studying arbitration legal proceedings as one of the alternative dispute resolution methods and on developing conceptual principles for improving the sectoral legislation of Ukraine in the relevant area. The doctrinal provisions and decisions of the Constitutional Court of Ukraine regarding the powers of the court of arbitration, International Commercial Arbitration as a type of nonstate jurisdictional activity have been analyzed in the article. It has been clarified that the provisions of the “soft law” acts, which are aimed at creating single approaches of the EU Member States in regard to the regulatory implementation of court conciliation procedures and alternative dispute resolution methods, emphasize a limited approach to the application of extrajudicial dispute resolution methods, where the party is a subject of authoritative powers. As a result of the systematic analysis of the provisions of paragraphs 2, 6, 13 of Part 1 of the Art. 6 of the Law of Ukraine “On Courts of Arbitration”, paragraphs 1, 2 of Part 1 of the Art. 22 of the Commercial Code of Ukraine on granting legal entities the right to resolve disputes arising from the conclusion, amendment, termination and execution of contracts for public needs in the court of arbitration, the author has stated that there is no clear regulatory distinction between contracts for satisfying public needs and public procurement contracts that, in turn, may lead to an ambiguous interpretation of these norms in terms of classifying such disputes as arbitral. In the context of improving the sectoral legislation of Ukraine in regard to the expediency to consolidate the right of legal entities to transfer disputes arising from the above-mentioned legal relations to the court of arbitration’s hearings the author has substantiated that the following criteria should be taken into account: a dispute may be transferred to the court of arbitration’s hearings, if it is a private law one; the subjects of a dispute that may be transferred to arbitration must be equal in rights. We believe that additional attention should be paid to the procedural aspect and definition of the type of the court of arbitration, where such a dispute (a permanent (institutional) court of arbitration or ad hoc arbitration courts) is heard by determining the jurisdiction of the relevant cases to the permanent courts of arbitration.