LEGAL REGULATION OF MEDIATION IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The Center for legal monitoring of the Republican State Enterprise on the REM «The Institute of Legislation and Legal Information of the Republic of Kazakhstan» is conducting fundamental and applied scientific research on the topic: «Scientific support of legislative activity in the Republic of Kazakhstan». Within the framework of this research, the issues on the development of specific proposals for improving the legislation are being considered, which should contribute to the implementation of the legal policy of the Republic of Kazakhstan. Currently, the Republic of Kazakhstan is working on implementation of the Addresses of the First President of the Republic of Kazakhstan - Elbasy N.A. Nazarbayev «Strategies-2050: a new political course of the established state» and «The third modernization of Kazakhstan: global competitiveness», as well as the Address of the President of the Republic of Kazakhstan K.-J. Tokayev «Kazakhstan in a new reality: time for action» dated September 1, 2020. As part of this work, the Government of the Republic of Kazakhstan is carrying out large-scale work on the development of legislation in various areas of legal regulation. This article is devoted to the analysis of effectiveness of the Law of the Republic of Kazakhstan dated January 28, 2011 No. 401-IV «On Mediation» for the presence of shortcomings, contradictions, inconsistencies, gaps, as well as the issue of expediency of its operation. In particular, the issues of legal regulation of mediation in the Republic of Kazakhstan were considered. A brief analysis of the formation of this alternative method of resolving disputes (conflicts) is carried out. The correlation of the Mediation Law with normative legal acts of higher legal force is considered. Conclusions are drawn on the issue of compliance of the Law with the strategic goals of the Republic of Kazakhstan. The opinions of individual Kazakh researchers of this issue are used. A significant place in the article is occupied by the analysis of the Mediation Law in order to identify defects that contribute to the various practices of its application.