Public Management and Law History Theory Practice

Collection of Scientific Papers

No. 2 (2022)
Articles

LEGAL REGULATION OF MEDIATION IN PUBLIC ADMINISTRATION

PDF (Ukrainian)
  • Olha Melnychuk,
  • Oleksii Salikhov
Olha Melnychuk
Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University, Head of the Department of Public and Legal Disciplines, Doctor of Legal Sciences, Professor
Oleksii Salikhov
Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University, postgraduate student of the Department of Public Administration and Administration

Published 2022-12-08

Keywords

  • mediation,
  • alternative method,
  • dispute resolution,
  • public administration,
  • public legal dispute

How to Cite

LEGAL REGULATION OF MEDIATION IN PUBLIC ADMINISTRATION. (2022). Public Management and Law History Theory Practice, 2, 5-10. https://vspu.net/pup/index.php/journal/article/view/29

Abstract

In this article the legal regulation of mediation in public administration is highlighted. It is indicated that the development of legislation on mediation shows the progress of the state in the direction of introducing alternative measures to facilitate access to justice, establishing partnership interaction between public authorities and private individuals. First of all, the Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 had a significant impact on the development of mediation as a tool that ensures the effectiveness of resolving legal disputes. In order to implement its provisions regarding the right to a fair trial and the right to an effective remedy, the Committee of Ministers of the Council of Europe adopted a number of recommendations. Recommendation Res (2001) 9 to member states on alternatives to judicial review of disputes between administrative bodies and private parties dated September 5, 2001 is of great importance to implement the mediation institution in the field of public administration. The adoption of this document contributed to the establishment of the administrative mediation institute. For a better implementation and understanding of this Recommendation, the European Commission for the Efficiency of Justice adopted the Guidelines, which focused on the role of participating states, their administrative bodies, judges, and lawyers in taking measures to implement mediation. The ratification of international legal acts and the adoption of the framework Law ofUkraine «On Mediation» by the Verkhovna Rada of Ukraine, which were supplemented to a number of codes and other laws regarding the application of mediation, created legal grounds for itslegalization in public administration
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