Третейські суди в контексті реформування правосуддя: конституційно-правовий аспект

The article deals with the issue of arbitration courts in the context of justice reform in Ukraine, particularly in the context of European integration requirements. It is noted that Ukraine has applied for membership in the European Union, which necessitates reforms in the sphere of justice. It is noted that the constitutional and legal aspect of arbitration courts’ activity’s regulating is the key one, since it is through the prism of the constitutional principles of justice, the rule of law and ensuring human rights that alternative justice mechanisms should be considered. It is found out that the judicial system independence increasing, the right to a fair trial ensuring, the institutions of alternative dispute resolution strengthening, as well as the fight against corruption are the main directions of the reforms. It is indicated that arbitration courts, as an alternative dispute resolution mechanism, can reduce the burden on the state judicial system and ensure a faster and more effective resolution of conflicts. However, their activities must comply with the constitutional principles of independence and impartiality. The article emphasizes the necessity to improve the legal framework for arbitration of disputes to ensure their effectiveness. It is noted that the integration of arbitration courts into the legal system of Ukraine is crucial for increasing citizens’ trust in justice. It is proposed to develop effective mechanisms of interaction between state and arbitration courts to ensure legal certainty. The potential of arbitration as an alternative dispute resolution mechanism can significantly contribute to the relief of state courts and increase access to justice for citizens. However, for the full functioning of arbitration courts, it is necessary to improve legislative regulation, ensure proper control over their activities, and implement mechanisms for their decisions’ execution. It is emphasized that in order to bring the legislation on arbitration courts in line with modern challenges and standards, its comprehensive revision is necessary. The new draft law should be developed taking into account the provisions of the constitutional reform and aimed at the arbitration proceedings’ efficiency improving.