PROBLEMS OF MEDIATION IN THE ADMINISTRATIVE PROCESS

Abstract

The scientific article examines the issues of using mediation as a method of out-of-court dispute resolution in the administrative process of Ukraine and identifies the main problem – the limitation of the use of mediation in most administrative proceedings, which occurs due to the special composition of the participants in the process, one of whom is an entity endowed with powerful powers . At the previous stages of the development of administrative proceedings, the use of mediation was not envisaged as a means of resolving disputes. However, the practice of recent years shows some progress in this direction, although significant limitations still exist. It is emphasized that the main problem of the application of mediation in the administrative process is the existence of a limitation regarding the possibility of its application in the majority of administrative proceedings considered in the order of administrative proceedings. The article analyzes the reasons, the presence of which has a negative effect on the development of mediation in the judicial administrative process, and certain ways of solving the specified problem are determined. Despite all the complexity of introducing mediation into the judicial administrative process, it can be applied in certain categories of cases, which will make the procedure for consideration and resolution of the case cheaper for the participants and less time-consuming, and will significantly relieve the judicial system. But the successful introduction of mediation is possible under the conditions of making changes to the legislation that would determine the categories of cases that can be considered using this procedure, proper training of mediator judges, informing the parties in cases that can potentially be considered using mediation about this possibility and about the consequences consideration of cases using mediation. To spread the use of mediation in administrative proceedings, it is appropriate to introduce pilot projects. In particular, such projects can be implemented in cases related to tax issues, as well as in cases involving local self-government bodies. This will make it possible to gain experience and develop an effective practice of mediation, which can be expanded to the entire territory of Ukraine in the future.