Mediation as a means to resolve administrative disputes : an appraisal of the historical and legal aspects.
Doctor of Law, Associate Professor, Associate Professor at the Department of State Law Disciplines of V. N. Karazin Kharkiv National University
PhD in Law, Associate Professor, Associate Professor at the Department of State Law Disciplines of V. N. Karazin Kharkiv National University
Purpose: The purpose of the article is a scientific analysis regarding the understanding of the essence and content of mediation as one of the most effective means to resolve administrative and legal disputes, as well as the latest draft laws, developed by the Government of Ukraine regarding the regulation of the mediation procedure, are analyzed, as a result of which own comments are expressed and recommendations for improving their provisions are provided. The methodological basis of this article was the methods of scientific cognition, which are mostly used in legal science nowadays, namely: formal-legal, analytical and structural-functional.
The historical and legal aspects of the development of the institution of mediation are being analyzed in this work. Based on scientific sources, the essence of mediation has been clarified and the mediation procedure as one of the promising means to resolve administrative disputes has been analyzed. The impact of mediation on the quality of resolving administrative and legal disputes which occur between the subjects of administrative and legal relations is also determined.
The main principles of the mediation procedure are defined and characterized, in particular, such as voluntariness, confidentiality, "sincerity of the parties", neutrality. Proposals are provided regarding the intensification of the use of modern means of mediation during resolving administrative disputes. Emphasis is placed on the successful experience of a number of developed foreign countries in the researched area and the possibilities of its use in Ukraine. The authors conclude that the resolution of administrative disputes through the use of mediation is a quite effective means to resolve conflicts. One of the key advantages of this means is its voluntary and informal nature, which gives ample opportunities for negotiations to the disputing parties.
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