THE ESSENCE AND PECULIARITIES OF RESOLVING ADMINISTRATIVE AND LEGAL DISPUTES AT THE STAGE OF PRE-TRIAL SETTLEMENT

Abstract

The article examines the legal phenomenon of pre-trial settlement of public law disputes. The author analyses the resolution of public legal disputes at the stage of pre-trial settlement as a scientific concept. The essence of pre-trial settlement of administrative and legal disputes is defined. The main types of pre-trial settlement of public legal disputes are distinguished. Particular attention is paid to the correlation between the concepts of "alternative methods of resolving public legal disputes", "pre-trial resolution of public legal disputes", "pre-trial settlement of public legal disputes" and "out-of-court resolution of public legal disputes". Based on the results of the study, the author outlines the main problematic aspects of the application of pre-trial settlement of administrative and legal disputes in accordance with current legal trends. The author notes that pre-trial settlement of public law disputes should be an absolutely independent and separate procedure which is not related to administrative proceedings in the form of open court proceedings which are temporarily suspended during this procedure. The author emphasises that the main features which make it possible to distinguish pre-trial settlement of administrative and legal disputes from other methods of legal dispute resolution are: 1) pre-trial settlement of a dispute is carried out on a voluntary basis; 2) an intermediary – a judge-mediator – acts in the negotiations between the parties to the dispute; 3) the purpose of the procedure is to reach a compromise on terms favourable to all parties to the dispute; 4) cost-effectiveness, since the parties do not spend money on court fees and legal aid; 5) lack of detailed legal regulation; 6) speed; 7) informal and confidential nature. The author concludes that pre-trial settlement of administrative and legal disputes should be defined as a mediation-based procedure which is conducted by an official representative of the State authority – a judge.