MEDIATION AS A METHOD OF PRE-TRIAL SETTLEMENT OF PUBLIC LEGAL DISPUTES IN THE FIELD OF STATE REGISTRATION
The article is devoted to the study of such a method of pre-trial settlement of public legal disputes in the field of state registration as mediation. It is emphasized that the creation of opportunities for the development of alternative (non-judicial) methods of dispute resolution is one of the...
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| Main Authors: | , |
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| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2022-12-01
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| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2022/2/7.pdf |
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| Summary: | The article is devoted to the study of such a method of pre-trial settlement of public legal
disputes in the field of state registration as mediation. It is emphasized that the creation of
opportunities for the development of alternative (non-judicial) methods of dispute resolution is one
of the main tasks of a democratic, legal state, which tries to ensure the protection and guarantee of
the rights of all subjects of law at the appropriate level. This creates an obligation for the state to
promote the development of such non-state institutions, such as, in particular, intermediaries
(mediators), who help to settle the dispute without bringing it to court. It has been determined that
mediation is the activity of professional intermediaries who direct participants of legal dispute into
compromise and settlement of the dispute independently by the participants. The article considers
peculiarities of mediation procedure in administrative court. Existing additional difficulties in
administrative proceedings for the mediation procedure were considered. The content of the draft law
of Ukraine «On mediation» concerning such complications has been analyzed. The existing division of
the mediation procedure at this stage was examined. It has been observed that the practice of settling
conflicts between authorities and private individuals in pre-trial proceedings tends to indicate a
reluctance on the part of the authorities to compromise, not only because of the legal nature of their
decisions, but also because of certain, so to say, established business practices for quite some time.
This is a fundamental reluctance of the authorities to compromise.
It is indicated the legislative and factual prerequisites for the application of the mediation
agreement in the settlement of public law disputes in the field of state registration, which combines
the advantages of both the mediation procedure (economy in terms of time and money, significant
relief of the judicial system) and the trial procedure (application guarantees of subjective rights,
freedoms, legitimate interests at the level of administration of justice). The author has submitted
proposals on improvement of administrative legislation aimed at settlement of mediation as a way of
pre-trial settlement of public-legal disputes in the sphere of state registration. |
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| ISSN: | 3041-2218 3041-2226 |