Organizational and legal principles of application of media in the system of public administration

• Main Author: Є. Є. Бородін
• Format: Article
• Language: Russian
• Published: Grani 2019-05-01
• Series: Aspekti Publìčnogo Upravlìnnâ
• Subjects: mediation; reconciliation; public-law disputes; state administration; mediation activity
• Online Access: https://aspects.org.ua/index.php/journal/article/view/491

The article analyzes the organizational and legal grounds for using the procedure of mediation in the system of public administration in Ukraine. The author examines the evolution of the legal and regulatory framework for the implementation of the mediation institute. According to the author, the priority direction of the development of mediation is its application as an independent form of public litigation settlement, which exists along with other ways of protecting civil rights. In this case, we are talking about mediation as an integral part of a unified system of regulation and resolution of legal disputes by public administration.  The purpose of the article is to study the organizational and legal grounds for the introduction of mediation in the system of public administration. The author analyzes the foreign experience of the organization and regulation of private mediation and highlights the following models: a "market" approach where mediation is considered as a service provided by individuals and organizations mainly on a commercial basis; public-law approach, when mediation is considered as one of the types of professional activity, to a certain extent controlled by the state; self-regulation approach, when mediation is also considered as one of the types of professional activity, but the establishment and monitoring of standards is carried out by the professional community of mediators. It is concluded that self-regulation is the most rational approach to organizing a mediation institution that responds both to public and public interests. Thus, the objectives of regulatory regulation should be limited to the recognition of mediation as an independent way of resolving legal disputes, the creation of legal conditions and the establishment of certain benchmarks for the further development and improvement of this institution.