Медіація як засіб вирішення суперечок у публічному управлінні: гуманістичний аспект

Abstract

In the article, in the context of establishing the rule of law in Ukraine, the problems of introducing mediation as a means of resolving legal disputes, including those in the field of public administration, are considered, with the definition of the humanistic nature of this procedure. It was revealed that the principle of the rule of law presupposes the priority of human rights, legal justice, the possibility of access to court, the obligation of a court decision for public authorities, which correlate with moral virtues – equality, conscientiousness, tolerance, which characterize mediation as a stable guideline in resolving legal disputes. Emphasis is placed on the use in the terminological apparatus of mediation corresponding to the Russian word «dispute» used in the legal field of Ukraine – the term «superеchka», which corresponds to the national nature of law and the essence of mediation. It was found that in addition to the parties to a legal dispute, an intermediary takes part in the mediation process – a mediator who monitors the observance of the procedure, without deeply interfering in the dispute; can assess the positions of the parties without influencing the resolution of the conflict, but only offering their opinion on this matter. The parties must, in cooperation with him and among themselves, proving their position, eliminate the dispute, which forms a sense of confidence in the fairness of the final decision. It is noted that the public administration in the case of a mediated resolution of an administrative conflict turns from a leading structure into a client one, becomes equal with private individuals, and the mediator does not allow the interests of administrative bodies to become over the interests of individuals, which implements the principle of due care in the activities of public administration. As a conclusion, it is determined that the mediation procedure is characterized by a humanistic nature, characterized by confidentiality, peaceful settlement, consistency, equality of the parties; the ability to control the entire procedure and make a final decision that complies with the principles of mediation – voluntariness, confidentiality, neutrality, independence and impartiality of the mediator, self-determination and equality of rights of the parties, through negotiations making a fair decision.