Compliance with the principle of the rule of law in Ukraine when applying mediation-Reference-Cited by-同舟云学术

Compliance with the principle of the rule of law in Ukraine when applying mediation

Published:2023-10-20 Issue:79 Volume:41 Page:723-733
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Bylytsia Ihor¹^ORCID,Svyda Oleksii²^ORCID,Yukhymiuk Olha³^ORCID,Kovalchuk Inna⁴^ORCID,Bylytsia Tatiana⁵^ORCID

Affiliation:

1. Department of Theory and History of State and Law, Faculty of Law, Lesya Ukrainka Volyn National University, Lutsk, Ukraine.

2. Associate professor of the Department of Organization of Judicial, Law Enforcement Agencies and the Bar, Faculty of Advocacy and Anti-Corruption Activity, National University «Odesa Law Academy». Odesa, Ukraine.

3. Associate professor of the Department of Theory and History of State and Law, Faculty of Law, Lesya Ukrainka Volyn National University, Lutsk, Ukraine.

4. Department of Organization of Judicial, Law Enforcement Agencies and the Bar, Faculty of Advocacy and Anti-Corruption Activity National University «Odesa Law Academy», attorney. Odesa, Ukraine.

5. Lawyer, Lutsk, Ukraine.

Abstract

The article is devoted to the study of mediation as one of the ways of implementing the concept of restorative justice. It is determined a change of view on justice and consideration of the possibilities of the mediation method in the resolution of legal conflicts. In order to achieve this objective, a philosophical and scientific methodology was implemented. It emphasizes the importance of mediation, which consists in the effective resolution of the legal conflict of the parties, determines the need to study the prospects of further improvement of the specified procedure in Ukraine, taking into account the leading world practices. On the basis of the analysis of the provisions of the current legislation, it has been shown the expediency of making appropriate changes in the Law of Ukraine «On Mediation». It is concluded that for the development of mediation as a form of protection of the rights and legitimate interests of a person, it is necessary to make certain changes in the wording of the Law of Ukraine «On Mediation», in particular, to define normatively the provisions concerning the conformity of the mediation procedure with the principle of the rule of law.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference16 articles.

1. BORODIN, Yevgeny. 2019. Mediation mechanism in the public administration system: dissertation. ... candidate of State Sciences example. Dnipro, Ukraine.

2. CONSTITUTION OF UKRAINE. 1996. Available online. In: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text. Consultation date: 24/06/2023.

3. DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE. 2004. In the case on the Constitutional submission of the Supreme Court of Ukraine on the conformity of the Constitution of Ukraine (constitution) of the provisions of Article 69 of the Criminal Code of Ukraine (the case of the court's imposition of a softer punishment) of November 2, 2004 No. 15-RP/2004. Official Gazette of Ukraine. 2004. No. 45. Ukraine.

4. DIRECTIVE. 2008. 2008/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 21 MAY 2008 ON CERTAIN ASPECTS OF MEDIATION IN CIVIL AND COMMERCIAL MATTERS // Official Journal of the European Union, L 136, 24.5.2008, p. 3–8. Available online. In: https://eur-lex.europa.eu/eli/dir/2008/52/oj. Consultation date: 24/06/2023.

5. KANTOR, Natalia. 2019. “Peculiarities of mediation in resolving administrative and legal disputes” In: Actual problems of domestic jurisprudence. No. 2, pp. 90-93.