IMPLEMENTATION OF MEDIATION IN THE STATE GOVERNMENT INDUSTRY IN UKRAINE

Abstract

The article is devoted to consideration of the basics of state-legal regulation of mediation. The purpose of the article is to review and streamline the established criteria in the doctrine of the civil law directions and approaches to defining the concept of protection of the civil rights and interests protected by law, highlighting their heterogeneous and common nature to develop a holistic view of how to understand the classification of the concept, and a vision of an optimal methodological framework for defining the concept of protection of the civil rights and interests protected by law.

The legal model of mediation, as well as approaches to the construction of the structure of mediation and mediation processes are considered. Methodological principles of regulation of mediation and their implementation in the present day are analyzed. Areas of application of mediation have been identified. The mediation model is modeled. It is established that in the modern period the provisions are widely recognized and it is proved that mediation is a process of joint settlement and resolution of conflicts. Its main components are certain tendencies of introduction of mediation in the world, corresponding to them regularities and the principles connected with them. Implementation of mediation in accordance with the requirements of the developed laws and principles depends entirely on the conflicting parties. It is substantiated that the tendencies of the development of mediation agreement are determined by the development and functioning of the state regulation and social processes in the society. But the main factor influencing the introduction of mediation is the state-legal system that reflects all the phenomena occurring in the country and beyond.

Mediation has been found to be the driving force behind dispute resolution. The optimal methodological basis for defining the concept of protection of the civil rights and legitimate interests will be its integrative legal model that will be based on the protection of the civil rights and protected by law as a state-law institute, which should exist on the border of procedural law, contain rules of private and public law accordingly, to consider the substantive and procedural aspects of the protection of the civil rights and the interests protected by law, and to cover the substantive, procedural elements thereof, and combine static and dynamic state of protection.

Therefore, the state-legal system needs to be developed and successfully applied to achieve a peaceful settlement of disputes.