Alternative dispute resolution procedures in the system of legal forms of environmental conflict resolution

Abstract

In this study, an analysis of the legal mechanisms for the settlement of environmental-legal conflicts was carried out, taking into account the peculiarities of environmental legal relations and the environmental-legal regulation of these relations. The effectiveness of the application of traditional forms of dispute resolution - judicial and administrative - based on the resolution of disputes based on the law, and alternative mechanisms based on the principle of conflict resolution by comparing and finding a balance between public, state and private interests is analyzed. A comparative analysis of these forms was carried out in terms of the effectiveness of solving environmental and legal conflicts.
It has been reasonably proven that the concept of sustainable development at the stage of ecoconflict settlement acquires a practical embodiment when conciliatory dispute resolution procedures are used. In this case, the result is compatible with the doctrine of sustainable development – a decision establishing the law, which to some extent reflects the interests of each of the parties to the conflict. It has been proven that such a law-making decision can be based on consensus (if the parties eventually adopted a decision that partially reflects the interest of each and an agreement was reached on the essence of the conflict) or compromise (the decision is based on understanding the essence of the problem, taking into account the interests, but not in full measure on its solution).
It was concluded that it is necessary to develop consensual forms of environmental conflict resolution in national law enforcement practice, which should become a full-fledged alternative to judicial, administrative and other jurisdictional forms of dispute resolution. It is time to form an independent legal institute of environmental law, which will specialize in the settlement of environmental and legal conflicts, and will contribute to the introduction of an effective mechanism for managing environmental conflicts with maximum consideration of the legitimate socially acceptable interests of all participants.