TRANSFORMATIONAL CHANGES OF THE ROLE OF THE STATE IN THE CONTEXT OF OVERCOMING CONFLICTS IN LAW
Authors:   Taras Shevchenko National University of Kyiv, Ukraine, Varych Olha 
Published: March 2023

The purpose of the study is to determine the main vectors of the transformation of the role of the state in the process of overcoming conflicts in law. Such scientific approaches as axiological, anthropological, synergistic, hermeneutic and communicative become important in the research process. The basis of worldview perception of scientific research are the philosophical methods of research, and dialectical, metaphysical, and idealistic methods play a decisive role among them. The system of special scientific research methods consists of: systemic, structural and functional, comparative, communicative and formal and logical. The proposed scientific study is devoted to the vectors of transformation of a state activity in the process of overcoming legal conflicts. Legal conflicts become a determining factor in the political, economic and social life of the modern states. Sometimes the life and fate of a person, a group of people or the entire state depends on the dynamism of legal conflicts, their scope of outspread, level of aggravation, subject composition and duration. That is why the study of the nature, essence and structure of legal conflicts and ways of overcoming them is of great practical importance in choosing comfortable and legitimate ways for the state to overcome them within its functional purpose. However, the priority direction of an activity of the state in the field of overcoming legal conflicts is the possibility of finding legal ways to prevent them. Such a result can be achieved only with the help of those legal means that exist in the state and with the help of which the mediator can conduct activities, the ultimate goal of which is a voluntary and fair decision. That is why an important mission is on the state – the acceptance and consolidation of relevant normative legal acts at the legislative level, which would become an alternative on the way to minimizing the resolution of legal conflicts through the courts. The introduction and further formation of the institution of mediation as an intermediate procedure in relation to the judicial form of overcoming of legal conflicts is important in this direction. Mediation helps the parties to avoid the escalation of the conflict and reach a resolution of the dispute, the result of which will satisfy both parties, relieving the court system during that period, as the resolution of conflicts in a pre-trial procedure will lead to a decrease in the number of cases that come to court. Conclusions: 1. The role and purpose of the state are manifested in the essential characteristics of the state, its social purpose as an organization that is able to and can solve various problems that arise in modern society. 2. Legal conflict can be considered as a type of social conflict, which is determined by a special sphere of existence – legal and characterized by two-way communication between subjects, arises on the basis of existing legal contradictions and is overcome with the help of legal means. 3. The legal aspect of the manifestation of conflict at the state level can act both as an object over which a conflict situation arises, and as a means by which it is possible to prevent and overcome such a conflict. 4. On the one hand, the state is viewed as an institution that is able and can resolve legal conflicts with the help of a number of legal means, and that reflects a positive aspect of the activity of the state. On the other hand, the state in the form of authorized bodies can become an organization that provokes the emergence of a legal conflict and is simultaneously a participant in it. 5. The direction of public bilateral coordination of the interests of subjects with the aim of establishing the common good becomes a priority, where the role of the state in such a process is mostly reduced to its essential model as an arbiter state. 6. The introduction of the institution of mediation (restorative justice, out-of-court procedure) and its consolidation at the regulatory level becomes an alternative or intermediate procedure in relation to the judicial form of overcoming of legal conflicts.