Pretrial Settlement Research Articles

Legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of provision of medical services: current challenges and prospects for improvement of legislation

In today’s world, where the quality of medical services and patients’ rights are becoming increasingly important, the issue of civil liability of medical professionals is becoming extremely relevant. The article is devoted to a comprehensive study of the legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of providing medical services in the context of current challenges and prospects for improving Ukrainian legislation. The article examines theoretical and practical issues related to the peculiarities of civil liability in the medical field. The legal basis for such liability, its forms and consequences are analysed. Particular attention is paid to the specifics of proof in medical cases and the problems faced by patients in defending their violated rights. The article analyses the judicial practice of consideration of cases involving violation of patients’ rights, identifies the main trends and problems of law enforcement. On the basis of this analysis, the author formulates proposals for improving the mechanisms of civil liability in the medical field. Special attention is paid to the new challenges facing the healthcare system in the context of technological progress and globalisation. The author examines the issues of liability in the use of telemedicine, artificial intelligence in diagnosis and treatment, as well as the problems of protecting patients’ personal data. Based on the study, the author proposes specific ways to improve Ukrainian legislation in the area of civil liability of medical professionals. In particular, the author considers the possibilities of introducing specialised rules on medical liability into the Civil Code of Ukraine, creating an effective system of pre-trial settlement of disputes in the medical field, and strengthening guarantees for the protection of patients’ rights. The article contains substantiated conclusions regarding the need for a systematic approach to reforming legislation in the area of civil liability of medical professionals. The author emphasises the importance of a balance between protection of patients’ rights and creation of favourable conditions for professional activity of healthcare professionals.

The Tax Ombudsman Institution as a Means of Pre-Trial Settlement of Tax Disputes

The Tax Ombudsman Institution as a Means of Pre-Trial Settlement of Tax Disputes

Peculiarities of pre-trial settlement of administrative disputes in Ukraine and in foreign countries

Peculiarities of pre-trial settlement of administrative disputes in Ukraine and in foreign countries

Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries

In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is de-occupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods – the subject composition of a public- law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.

Trust as a key element in family mediation during divorce: strategies, practices (supervision experience with the use of neural networks)

The article summarises the experiment on building confidence in the procedure of family mediation – peaceful resolution of family disputes through introduction of the technology of the first outreach meeting. The article analyses the statistics of marriage and family relations, the number of divorces in Russia, Moscow, in the world for 5 years, also during the COVID-19 pandemic. In addition, the work examines the statistics of enforcement proceedings on family relations and the order of communication for several years as well as sociological studies of 2022–2023. The results of experimental supervision using technologies of two neural networks are presented. The peculiarities of family mediation as the most effective non-judicial way of resolving family disputes are studied. It is shown that the achievement of the result, peaceful settlement of family disputes, was facilitated by the experimental development and implementation of a new procedure for Russia – first outreach meeting. It was performed by the Centre for mediation and socio-legal assistance, jointly with the Departments of Social Protection of population of Moscow. The first results are presented: 98 % of efficiency, almost all couples gave their consent to mediation, and the first mediations were successfully conducted. Some of the main reasons for low prevalence of pre-trial settlement of family conflicts were revealed: the normative non-mandatory nature of family mediation for couples with minor children when filing for divorce and lack of awareness of couples about advantages and benefits of resorting to family mediation. The research presents arguments proving that the first outreach meeting is a successful strategy of trust building and the first step to mediation and to preservation of family, family identity, spiritual values for their further transmission to the next generation in the continuous chain of socio-cultural identity

PROCEDURE FOR CONSIDERATION OF INDIVIDUAL LABOR DISPUTES

With the entry into force of the new Labor Code of the Republic of Kazakhstan, adopted in 2015, there have been significant changes in labor relations in the procedure for resolving and considering individual labor disputes. Any labor dispute between the parties is considered in two ways: pre-trial and judicial. Regulation of the procedure for consideration of individual labor disputes in the Republic of Kazakhstan is carried out on the basis of relevant legislative acts and orders. Currently, pretrial settlement of labor disputes is increasingly practiced. The desire to resolve disputes out of court is now becoming a «global trend» and is an indicator of the professionalism of the judiciary. Individual labor disputes are an integral part of any labor activity that arises in connection with any contradictions between the employee and the employer. Individual labor disputes arise within the framework of labor relations between an employee and an employer, for example, they are reflected in such aspects of labor activity as wages, working conditions, illegal dismissal, violation of employee rights, etc. Labor disputes are classified according to the subjective composition of the parties, depending on the nature and departmental subordination of the dispute. Every citizen of the Republic of Kazakhstan has the right to protect their labor rights and legitimate interests. The only way to pre-trial settlement of labor disputes is the procedure for resolving in a team by a conciliation commission. However, if the dispute is not resolved within the framework of the conciliation commission, the employee may apply to the court with a claim to protect his labor rights and interests.

OUT-OF-COURT AND JUDICIAL DISPUTE SETTLEMENT PROCEDURES IN KAZAKHSTAN

The article discusses the extrajudicial and pre-trial procedure for resolving disputes in the Republic of Kazakhstan, provided for by law, agreement and judicial practice. The advantages of resolving disputes out of court and before trial are noted, which are reflected in qualitative and quantitative characteristics at the level of the legal culture of the population and the regulatory burden of the courts. Among the problems of the theory and practice of dispute resolution, the authors indicate the lack of clear criteria and limits for the settlement of disputes in extrajudicial and pre-trial procedures. To solve this problem, the authors make a distinction between extrajudicial, pre-trial and judicial procedures for resolving disputes. Attention is paid to the ambiguous understanding of the extrajudicial and pre-trial procedure for resolving disputes in legislation, theory, and judicial practice. Therefore, the authors generally recognize dispute resolution in one form or another as alternative to judicial procedure as methods of resolving disputes, as well as as extrajudicial and pre-trial forms of protection of rights, freedoms and legitimate interests. The norms of the legislation of the Republic of Kazakhstan regulating the extrajudicial and pre-trial procedure for resolving disputes, scientific works of Kazakh and foreign authors, methodological recommendations of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Kazakhstan, pilot projects of the Supreme Court of the Republic of Kazakhstan and judicial practice on pre-trial settlement of disputes were studied. At the end of the work, it was concluded that the out-of-court procedure for resolving disputes mostly includes arbitration and the notary, and the pre-trial procedure with a conditional share includes external administrative procedures, mediation procedures and participatory procedures. In general, they are alternative methods of resolving disputes, differing in the purposes for which they are carried out, as well as the subjects who carry them out.

Participation of the Prosecutor in the Protection of the Interests of a Minor or an Incapacitated Person in Case of Refusal of a Legal Representative from Medical Intervention Necessary to Save Life

The article is devoted to the procedural and substantive role of the prosecutor, as a subject with public powers, exercising competence in the field of protecting the interests of a minor or a person recognized as legally incompetent, in case of refusal of a legal representative from medical intervention necessary to save life. The object of the study was a set of public relations in order to protect the rights of a minor or a person recognized as incapacitated if the consent of the legal representative for medical intervention necessary to save life is not accepted. As a result of the conducted research, the authors concluded that the participation of the prosecutor should be directed not only within the framework of judicial proceedings, but also pre-trial settlement of the disputed situation.

Сoncept, Content and Types of Procedures for Pre-Court Settlement of Administrative and Legal Disputes

The topicality of the topic is due to the study of various forms and procedures of pre-trial settlement of administrative-legal disputes as alternatives to the judicial procedure for consideration of this category of disputes, which requires a much larger public resource. The purpose of the study is to carry out a scientific analysis of the legal nature of pre-trial procedures for resolving public-law disputes, their types, as well as substantiating proposals for their improvement. The tasks of the research are to carry out a theoretical-legal analysis of the concept and content of "administrative procedures", to define the concept of "procedures for pre-trial settlement of administrative-legal disputes", to clarify its content and types. Achieving the outlined goal and fulfilling the set tasks became possible thanks to the use of a complex of methods of scientific knowledge, in particular the dialectical method, the use of which made it possible to comprehensively reveal the nature of "administrative procedure" as a form of pre-trial settlement of an administrative-legal dispute, as well as to trace the genesis of this phenomenon; the formal legal method was used to establish the content of legal norms and analyze the practice of their application by courts. As a result of the study, it was established that the procedure for pre-trial settlement of administrative-legal disputes should be understood as a legally defined sequence of actions of a subject of authority or another authorized person aimed at taking measures to resolve an administrative-legal dispute out of court. The following alternative procedural forms of pre-trial and out-of-court settlement of administrative-legal disputes are singled out: 1) administrative procedure for consideration of complaints against decisions, actions or inaction of subjects of authority, in accordance with the Law of Ukraine "On Appeals of Citizens"; 2) the procedure for appealing an administrative act of a subject of authority, in accordance with the Law of Ukraine "On Administrative Procedure"; 3) mediation – an out-of-court procedure for the settlement of a public-law conflict (dispute), which is carried out with the help (mediation) of a mediator; 4) reaching a tax compromise when resolving tax disputes, in accordance with the Tax Code of Ukraine; 5) the procedure for administrative appeal of decisions in cases of administrative offenses, in accordance with the procedure specified by the Code of Ukraine on Administrative Offenses and the Customs Code of Ukraine. It has been proven that the most complete content of this procedure is defined in the Law of Ukraine "On Administrative Procedure", which gives reasons to distinguish the following stages of it: initiation of administrative proceedings (complaint and decision, action or inaction of the subject of authority) and filing of such a complaint directly to the entity authorized to consider it or through the Centers for the provision of administrative services; accepting, registering a complaint and opening proceedings for its consideration; investigation of the circumstances of the case and collection of evidence; consideration and resolution of the case; making a decision in a case in the form of an administrative act; bringing the administrative act to the attention of the applicant; ensuring the implementation of the adopted act. Proposals to improve the norms of the Law of Ukraine "On Mediation", which regulate the procedure for out-of-court settlement of public-law disputes by defining and meaningfully filling the stages of such a procedure, are substantiated.

Эффективность примирительных процедур в Российской Федерации

The relevance of the effectiveness stated in the article, including the problems of conciliation procedures in the Russian Federation, is due to the fact that they occupy an important place in the public life of civil society. The article analyzes the legal mechanisms of pre-trial settlement of conflicts and disputes between the parties with the help of conciliation procedures with the participation of a mediator. The purpose of the article is to study the opportunities provided by the law for the implementation by the courts of the tasks of reconciliation of participants in disputable legal relations. Here, some problems of judicial conciliation in resolving disputes are analyzed. Some changes in procedural legislation are proposed, as well as a set of organizational and financial measures aimed at developing and popularizing conciliation procedures in Russian society. The rather rapid development of entrepreneurship in the country has also led to a large number of controversial issues in doing business, which has led to an increased interest in the rapid resolution of disputes through conciliation procedures. Increasing the effectiveness of decision-making by the method of reconciliation requires a deep analysis of the adopted regulations. The author analyzed the legal support of conciliation procedures, briefly defined the principles of conciliation procedures, noted the distinctive features of the procedures. A brief analysis of the various criteria by which the effectiveness of the conciliation activity of the mediator is assessed is given, the necessary requirements for the full-fledged activity of the mediator himself are outlined. The results of the study can be used to develop an effective legal framework for the development of the institution of conciliation procedures in the Russian Federation.

The principles of mediation as a guarantee of the implementation of pre-trial settlement in Ukraine

Goal. Ukrainian legislation has been supplemented by another legal norm, which, with its defined procedural approach, is designed to carry out the process of settlement of conflict situations and disputes, which, as practice shows us, in most cases, were considered only in court. Therefore, this article emphasizes and reveals the essence of the principles on which one of the alternative methods of pre-trial settlement, such as mediation, is based. The main levers that fundamentally differentiate this method from court proceedings are studied. Method. The scientific and theoretical material is analyzed and summarized. During the research, such methods of scientific knowledge as comparative, system-structural were observed. The results. In the course of the research, an analysis of the practical effectiveness of the application of the principles of mediation in the process of dispute settlement, the influence of their nature in the adoption of joint decisions by the parties, as well as the functionality of the principles themselves in maintaining warm relations between the parties to the conflict, was carried out. Scientific novelty. Despite the fact that such a method of pre-trial settlement in the legal field of Ukraine, such as mediation, is already known to some extent, but the novelty itself deserves attention, because its application still requires considerable efforts to implement the introduction into the practical and effective plane of those fundamental principles without which this method unable to exist. And therefore, in fact, this is the content of the novelty, because for a wide range of citizens of Ukraine, it is unfortunately still far from being close to its implementation in their target interests. Practical significance. These research results and conclusions can be applied or taken into account in law enforcement practice, consulting, in the field of judicial and pre-trial proceedings.

Institute of the Financial Commissioner as a tool for resolving insurance disputes

The subject of the study is the specifics of legal relations arising in the sphere of functioning of the institution of the financial commissioner as an instrument for resolving insurance disputes. Due to the fact that the novelty of the Institute of the financial Commissioner has caused sufficient activity of research interest in scientific circles over the past five years, the author of this study pays attention to certain aspects not previously studied. The object of the research is the institution of the financial commissioner as a tool for resolving insurance disputes in the context of its doctrinal understanding and legal essence. Particular attention is paid to the transformation of the method of alternative settlement of insurance disputes (in foreign legal systems) into a jurisdictional institution providing mandatory pre-trial settlement. The main conclusions reached by the author are as follows. The domestic Institute of the Financial Commissioner distorts the legal nature of the institution of the financial Ombudsman, transforming an alternative way of resolving the dispute into a stage of consideration of the appeal as a mandatory pre-trial settlement. From an effective tool for resolving an insurance dispute, forming a systematic approach to resolving standard disputes and optimizing the insurance services market as a whole, the institution of a financial commissioner has been turned into a mandatory jurisdictional stage for considering insurance disputes of a certain category. The regulatory framework governing the activities of the financial Commissioner does not include professional and functional special principles of activity. Meanwhile, it is the special functional principles that determine the legal essence of the institution of state power authorized to consider appeals in any field. The conclusion is formulated about the incomplete implementation of the requirements of Federal Law No. 123-FZ, which is confirmed by the analysis of information from open sources. The main contribution of the author to the research of the topic is the analysis of the legal nature and purpose of the institution of the financial commissioner as a tool for resolving insurance disputes. The scientific novelty lies in the substantiation of the conclusion about the transformation of the institute implemented from foreign legislation into an institute with a fundamentally different purpose and content.

Проблемы рассмотрения индивидуальных трудовых споров спортсменов и тренеров в юрисдикционных органах спортивных федераций и профессиональных спортивных лиг

The article is devoted to the problems of consideration of individual labor disputes of athletes and coaches in the jurisdictional bodies of sports federations and professional sports leagues. The current legislation provides for the possibility of creating bodies of pre-trial settlement of disputes in the field of physical culture and sports within the structure of all-Russian sports federations and professional leagues, which can consider individual labor disputes of athletes and coaches. At the same time, certain problems arise already at the stage of determining the jurisdiction of these bodies in terms of the possibility of considering individual labor disputes by them. Within the framework of this study, the problems related to the issues of the correlation of labor legislation and legislation on physical culture and sports, related to the procedure and conditions for the formation of jurisdictional bodies, the peculiarities of submitting a dispute for their consideration, and the observance of the principle of equality of the parties are identified. Proposals have been developed to improve the current legislation.

Mediation as a form of pre-trial resolution of disputes regarding forced alienation of property for public needs or for reasons of public necessity

In order to fulfill the tasks of the research, an attempt was made to solve the following tasks: to find out the essence of the mediation procedure, the principles and legal bases of its implementation in public legal relations; to reveal the content of mediation as a form of pre-trial settlement of disputes regarding forced alienation of property for public needs or for reasons of public necessity.
 It was found that mediation is one of the alternative (out-of-court) ways of resolving public-law disputes, by means of which two or more parties to a dispute try to reach an agreement within the framework of a structured process with the participation of a mediator to resolve their dispute, that is, it is a procedure that is carried out outside the court consideration of a public-law dispute in the order of administrative proceedings, but is a related procedure of a court hearing and may arise and be carried out in the process of filing an administrative claim and its trial, but in the order of a conciliation procedure carried out in accordance with the procedure defined by the Law "On Mediation".
 The stages (stages) of the mediation procedure in administrative and legal disputes are highlighted: the opening of the mediation procedure; carrying out the mediation procedure; making a decision as a result of mediation, the peculiarities of the mediator's actions regarding the pre-trial review of administrative cases on forced seizure (expropriation) of property due to public necessity and for public needs are revealed.
 In order to properly regulate the procedure for the pre-trial (out-of-court) resolution of these and other categories of public-law disputes through mediation, it is advisable to: develop Standard Rules for conducting the mediation procedure; carry out a generalization and analysis of the practice of mediators in the consideration of public legal disputes; regulate the mediation procedure in a specific dispute in the mediation agreement.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ НАДЕЛЕНИЯ НОТАРИУСОВ МЕДИАТИВНЫМИ ПОЛНОМОЧИЯМИ

The implementation of mediator functions by notaries at the moment is a very urgent task that not all notaries in the country perform. However, the demand for this function is only growing, as is the social value, only this area of activity is not actively developing yet, because not all notaries are willing to take on additional functions, given the non-entrepreneurial nature of mediation activities, which is also due to the workload of notaries. This scientific article discusses the features and problems of granting mediation powers to notaries. The purpose of the scientific article is to reveal the legal nature of the performance of mediation functions by notaries, some of the problems associated with this activity and to determine the prospects for their solution. The relevance of the chosen topic in the scientific article is obvious – the possibility of mediation functions by notaries is provided by law, but in practice these cases have not become common, which indicates the need to investigate the factors and problems that hinder the effective implementation of modern modernized legislation in the field of notaries. The methodology consists of research methods, in particular, such methods as dialectical, analysis, synthesis, induction, deduction, generalization, modeling, forecasting were used in the scientific article. The results of the research in the scientific article are aimed at improving law enforcement practice. The general conclusion based on the results of the research in this scientific article is that mediation activities by notaries should be developed and notaries should be encouraged to provide these services in good faith, according to the established tariffs, in order to avoid the risks of entrepreneurial crafts. In order to expand the mediation activities carried out by notaries, it seems necessary to implement a number of measures aimed at familiarizing society with the value of mediation in the pre-trial settlement of disputes.

Prin ciples of Pre-Trial Settlement of Civil Law Disputes

Prin ciples of Pre-Trial Settlement of Civil Law Disputes

Pre-Trial Dispute Settlement Procedure with Participation of a Financial Commissioner: Procedural Challenges

The Institute of Financial Commissioner aims at effective pre-trial settlement of disputes between financial organizations and financial services consumers. At the same time, disputes not resolved in this manner are referred to the courts of general jurisdiction. The specifics of the legal status of the financial commissioner, peculiarities of the legal nature of the relations arising when considering a dispute between a financial institution and a consumer of financial services at a pre-trial stage, gaps in legal regulation result in the emergence of a number of important procedural problems: determination of the procedural status of persons involved in the dispute, application of the rules of generic and territorial jurisdiction, establishment of the procedure for consideration of the relevant categories of cases by courts of general jurisdiction, etc. The lack of legal regulation of procedural legislation in such cases, as well as full-fledged explanations of the Supreme Court of the Russian Federation on these issues, lead to the multidirectional and unsettled development of judicial practice, violation of the principle of legal certainty, emergence of barriers in the exercise of the right to court protection. The paper analyzes the above problems, the causes of their occurrence and suggests the ways to resolve them.

The role of the Qadiyat of the Muslim Religious Board in the modern Muslim Community of Tatarstan

The study of the activities of Muslim institutions in the field of regulation of social relations in a secular state is of particular interest in terms of religious associations’ adaptation. The authors explore the structure of the Qadiyat of the Muslim Religious Board of the Republic of Tatarstan, the powers of qadis, the main directions of their activities and give examples of the consideration of cases by Muslim judges, analyzing regulations and publications within the framework of the structural-functional approach. Tatarstan qadis as members of the Qadis Council and as regional Muslim judges perform control, advisory, mediation and arbitration functions. Qadis deal with marriage and family matters, inheritance disputes, settle conflicts in the business sphere, consult on Sharia issues and are engaged in the preservation and strengthening of Tatar traditions. One of the promising directions for the development of the institution of Qadiyat as an instrument for pre-trial settlement of disputes is the creation of a mediation and arbitration body on its basis that can help a wide range of believers to resolve conflicts according to the norms of Islam and Russian laws.

Аудиторская проверка по требованию участника хозяйственного общества: вопросы правовой идентификации и правоприменения

Introduction. Participants in partnerships and societies often face problems in exercising the right to information in the form of an audit, resorting to judicial protection after exhausting pre-trial settlement methods. The article offers a justification for the requested inspection as mandatory. It is argued that in the context of updating the legislation on auditing activities, there is an expansion of the range of issues to be clarified by the courts when considering disputes regarding the exercise of the right to conduct an audit. Materials and methods. The study is based on the analysis of arbitration court decisions on disputes in the area of exercising the right to conduct an audit of a business company by its participants. The legal identification of an audit at the request of a participant in a business company as mandatory was carried out using the method of analogy and the formal legal method. Analysis. The grounds for conducting an audit of a business company by its participants are established by a norm of federal law, imperative according to the method of legal regulation, and the content of the emerging legal relations is characterized by the requirement to conduct an audit and the obligation to conduct it corresponding to each other. While not being de jure mandatory, the audit in question is de facto mandatory. Examining the circumstances of disputes regarding the exercise of the right to conduct an audit, the court consistently determines: firstly, whether the plaintiff has the status of a participant in the company; secondly, whether he submitted a corresponding demand to the company, and with what result; thirdly, the court should make sure that a company participant has no signs of abuse of the right to receive information about the activities of the company. The court also evaluates the parties’ compliance with the requirements of the legislation on auditing activities and their fulfillment of responsibilities related to the audit. Results. An audit at the request of participants in partnerships and companies corresponds to the characteristics of a mandatory audit. Clause 2 of Article 5 of the Federal Law “On Auditing Activities” needs clarification, which establishes the annuality of mandatory audits by including in it other cases provided for by federal laws. It has been established that when considering disputes regarding the audit of a business company, the courts are guided by the approaches formulated in the documents of the Presidium of the Supreme Arbitration Court of the Russian Federation on the provision of information to participants of business companies. At the same time, in the context of updating legislation on auditing activities, courts will need to pay attention to compliance with the rules of independence of auditors and audit organizations, as well as evaluate the audit agreement for the presence of information in it about the new subject of audit legal relations - the head of the audit.

МЕДІАЦІЯ ЯК СПОСІБ ДОСУДОВОГО ВРЕГУЛЮВАННЯ ПУБЛІЧНО-ПРАВОВИХ СПОРІВ У СФЕРІ ДЕРЖАВНОЇ РЕЄСТРАЦІЇ

The article is devoted to the study of such a method of pre-trial settlement of public legal disputes in the field of state registration as mediation. It is emphasized that the creation of opportunities for the development of alternative (non-judicial) methods of dispute resolution is one of the main tasks of a democratic, legal state, which tries to ensure the protection and guarantee of the rights of all subjects of law at the appropriate level. This creates an obligation for the state to promote the development of such non-state institutions, such as, in particular, intermediaries (mediators), who help to settle the dispute without bringing it to court. It has been determined that mediation is the activity of professional intermediaries who direct participants of legal dispute into compromise and settlement of the dispute independently by the participants. The article considers peculiarities of mediation procedure in administrative court. Existing additional difficulties in administrative proceedings for the mediation procedure were considered. The content of the draft law of Ukraine «On mediation» concerning such complications has been analyzed. The existing division of the mediation procedure at this stage was examined. It has been observed that the practice of settling conflicts between authorities and private individuals in pre-trial proceedings tends to indicate a reluctance on the part of the authorities to compromise, not only because of the legal nature of their decisions, but also because of certain, so to say, established business practices for quite some time. This is a fundamental reluctance of the authorities to compromise. It is indicated the legislative and factual prerequisites for the application of the mediation agreement in the settlement of public law disputes in the field of state registration, which combines the advantages of both the mediation procedure (economy in terms of time and money, significant relief of the judicial system) and the trial procedure (application guarantees of subjective rights, freedoms, legitimate interests at the level of administration of justice). The author has submitted proposals on improvement of administrative legislation aimed at settlement of mediation as a way of pre-trial settlement of public-legal disputes in the sphere of state registration.