The current state of development of legislative bases mediation of land disputes

Abstract

The article examines the existing drafts of the Law of Ukraine “On Mediation” and defines how to improve them according toresolution of land disputes in the order of mediation.Land disputes can be resolved through a mediation procedure. The current land legislation, in particular the Land Code ofUkraine, does not contain any prohibition on mediation of land disputes. This possibility follows from the dispositive method of legalregulation of land relations – everything is allowed that is not prohibited by law.At the same time, the issue of direct legislative settlement of land dispute mediation still remains open. There are several draftsof the Law of Ukraine «On Mediation» on the website of the Verkhovna Rada of Ukraine. One of the draft laws «On Mediation»№ 3665 of December 17, 2015 was adopted in the first reading, but in 2019 the Verkhovna Rada of Ukraine rejected it – the bill wasnot adopted. On December 28, 2019, the government bill «On Mediation» № 2706 was registered in the Parliament. However, this billwas withdrawn on March 4, 2020.There is a need to investigate the latest legislative trends in the settlement of land dispute mediation, based on the above bills. Ifthe general provisions are spelled out in more detail in the government bill, the specifics are in the 2015 bill.Based on the analysis of the two bills, we consider it appropriate to note that the measures that we believe will facilitate the introductionof mediation in resolving land disputes should include the promotion of mediation as an out-of-court settlement of land disputesand their direct resolution through mediation. So far, the resolution of land disputes through mediation remains a theoretical construction.Resolving land disputes through a mediation procedure will determine the best way to regulate these land relations. Without thepractical application of mediation in resolving land disputes, it remains only to envisage possible legal mechanisms for the legal regulationof these social relations. The latter may have significant shortcomings, which will be possible to identify only in practice.
 None of the proposed bills includes land disputes in the list of disputes that can be resolved through mediation, but according tocurrent land legislation, in particular the Land Code of Ukraine, there are cases when such a method of resolving land disputes has aright to exist, in particular in disputes land easements.The requirement to go to court in case of non-fulfillment of obligations under the agreement as a result of mediation is controversial.This is contrary to the very nature of mediation, which should be carried out on the basis of voluntary participation in the mediation procedure,and the parties themselves should decide on options for resolving the dispute. This requirement is contrary to the nature of mediation.We consider it necessary that these provisions on land mediation be taken into account in further work on possible draft laws onmediation.