КОНФЛІКТОЛОГІЧНА ПІДГОТОВКА МАЙБУТНІХ ПРАВНИКІВ

Abstract

The article attempts to determine the theoretical and practical- applied content of conflictological training of law students. The content of the theoretical level of conflictological training covers the methodological principles of legal conflictology, scientific theories and knowledge of the laws of development and specific properties of conflicts. The main problem of the theoretical part of the course is the study of the nature and analysis of legal conflict. The practical and applied level of legal conflictology is the issue of conflict management (forecasting, prevention, stimulation, diagnosis, regulation, constructive ending of conflicts). The applied nature of the proposed course is determined by the fact that legal activity in its content is conflict-generating. European standards of legal regulation and fair trial not only provide for alternative means of out-of-court settlement of legal disputes, in particular mediation, but also impose certain obligations on Member States to implement them in their legal systems. Mediation in its modern sense is reflected in the Directive of the European Parliament and the Council of the EU "On some aspects of mediation in civil and commercial matters", which entered into force in May 2008. An important guideline for the introduction of the institute of mediation is also the European Code of Conduct for Mediators. Increasing attention to conflict issues in modern legal science and education is quite natural. In the context of European integration, the ability of domestic lawyers to direct the resolution of conflicts in the field of law, to apply not only legal but also quasi-legal means and procedures is an important condition for the irreversibility of the process of democratization of state and public life. Legal activity in the system "man-man" requires the ability to resolve conflict situations of professional interaction of lawyers, to resolve legal conflicts of different levels and orientations. All this is one of the most important indicators of the professionalism of a specialist in the field of law. The teaching of legal conflictology will contribute to the formation of law students' knowledge, skills and abilities of a mediator, readiness to participate in negotiations, conciliation procedures, informal arbitration.