Agreement on the Results of Mediation in the System of Administrative and Legal Regulation

  • K. S. Tokarieva National Aviation University (Kyiv)
Keywords: mediation, agreement on mediation results, amicable arrangement, administrative agreement

Abstract

Peculiarities of contractual relations on mediation within the system of administrative and legal regulation have been studied. The imperfection of the justice system necessitates the use of innovative alternative methods of resolving disputes, one of which is mediation. The main indicator of the success of the institution of mediation in the state is the level of implementation of agreements based on the results of the mediation procedure.

The purpose of the article is theoretical and legal analysis of specific features of the agreement based on the results of the mediation procedure in the public and legal sphere.

The methodological basis of the scientific article is a set of general scientific and special research methods. In particular, the conditions of identification of the agreement by the results of mediation with the settlement agreement and their connection with the administrative agreement have been determined by the means of the comparative and legal method.

The author has accomplished the analysis of the concept of a mediation agreement and has determined that it is an agreement on arrangements reached by the parties in the process of dispute settlement through mediation. It has been established that the identification of the agreement by the results of mediation in public and legal disputes and amicable arrangement within administrative procedure is possible only with the functioning of the judicial model of mediation, where the mediator is a judge who approves the parties’ agreement.

It has been concluded that the understanding of a mediation agreement as an administrative agreement is considered difficult in regard to the ambiguity of the institution of an administrative agreement in Ukraine. The mechanism of notarization of mediation agreements has been recognized as the most effective for Ukraine by introducing a mechanism for execution of agreements based on the results of mediation in the system of administrative and legal regulation, given the limited powers of the authorities involved in mediation. The author has emphasized on the need to adopt a special law on mediation, which sets out the general requirements for the agreement based on the results of mediation, its terms and provides guarantees for the implementation of the agreements of the parties.

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Author Biography

K. S. Tokarieva, National Aviation University (Kyiv)

Department of constitutional and administrative law (associate professor);
Candidate (Ph.D.) of Juridical Sciences.

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Published
2020-09-30
How to Cite
Tokarieva, K. S. (2020) “Agreement on the Results of Mediation in the System of Administrative and Legal Regulation”, Law and Safety, 78(3), pp. 85-89. doi: 10.32631/pb.2020.3.10.
Section
ADMINISTRATIVE LAW AND POLICING