INSTITUTIONAL PRINCIPLES OF APPLICATION OF MEDIA IN THE SYSTEM OF PUBLIC ADMINISTRATION

Abstract

The article analyzes the institutional 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. Foreign experience of the organization and regulation of private mediation and highlights the following models are analyses: 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. The author concludes that self-regulation is the most rational approach to organizing an institution of mediation, which responds both to public and public interests. The priority direction of development of mediation is its application as an independent type of activity on settlement of public-law disputes, which exists along with other ways of protection of civil rights. It is established that mediation should be defined as an integral part of a unified system of settlement and resolution of legal disputes by public administration bodies. The peculiarities of mediation activities in Ukraine, which are determined by the essence of this procedure and the goals of its implementation in the public administration system, are described. It is proved that the use of mediation should ensure the unimpeded realization of the rights of participants in legal relations through the settlement of disputes that arise without the enforcement of existing jurisdictional mechanisms. It is emphasized that the mediation procedure is an element of a single system for settling and resolving legal disputes and a state-recognized way to protect violated rights.