The use of mediation in administrative proceedings: the experience of European Union member states

Autores

  • Oleg Yaroshenko Yaroslav Mudryi National Law University
  • Maryna O. Pyzhova University of the State Fiscal Service of Ukraine
  • Yuliia Yu. Ivchuk Volodymyr Dahl East Ukrainian National University
  • Natalya M. Vapnyarchuk National Academy of Legal Sciences of Ukraine
  • Maryna O. Savielieva Academy of Advocacy of Ukraine

Palavras-chave:

administrative proceedings, mediation, administrative justice, mediator, alternative dispute resolution, conciliation procedures.

Resumo

Appealing to public authorities about any legal conflict leads to an overload of courts and administrative bodies. An alternative to improving access to justice and reducing the burden on the courts is to use other alternative means of resolving legal disputes, such as mediation. The article is devoted to the peculiarities of the application of the mediation procedure in administrative proceedings. Highlights the signs of administrative and legal dispute, as well as the peculiarities of the mediation procedure. The purpose of the study is to study domestic and foreign experience in the use of mediation in administrative proceedings, as well as to formulate proposals and recommendations for improving the current legislation in this area, based on the analysis of scientific papers, current legislation and law enforcement practice. The methodological basis of the study is a set of general scientific, philosophical, special methods of scientific knowledge, the use of which allowed to ensure the achievement of the stated goals and objectives of the study and comprehensive coverage of the research problem.

Biografia do Autor

  • Oleg Yaroshenko, Yaroslav Mudryi National Law University

    Department of Labor Law

  • Maryna O. Pyzhova, University of the State Fiscal Service of Ukraine

    Department of Civil Law and Procedure

  • Yuliia Yu. Ivchuk, Volodymyr Dahl East Ukrainian National University

    Department of Law Science

  • Natalya M. Vapnyarchuk, National Academy of Legal Sciences of Ukraine

    Department of Legal Research Coordination

  • Maryna O. Savielieva, Academy of Advocacy of Ukraine

    Department of Civil, Commercial Low and Procedure

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Publicado

2021-09-04

Edição

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