调解作为解决行政纠纷的一种手段

IF 0.4 Q3 LAW
Dixi Pub Date : 2021-01-12 DOI:10.16925/2357-5891.2021.01.11
Revista Dixi, Karyna Valeriivna Rostovska, N. Hryshyna, Olesia Yuryevna Kaidash, M. S. Syromiatnikova
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引用次数: 2

摘要

本文的目的是对调解作为解决行政和法律纠纷的最有效手段之一的本质和内容的理解进行科学分析,并分析了乌克兰政府制定的关于调解程序监管的最新法律草案,因此发表了自己的意见,并提出了改进其规定的建议。本文的方法论基础是科学认知方法,即形式法学、分析法学和结构功能法学。本工作分析了调解制度发展的历史和法律方面。基于科学的来源,明确了调解的本质,分析了调解程序作为解决行政争议的有效手段之一。还确定了调解对解决行政和法律关系主体之间发生的行政和法律纠纷的质量的影响。调解程序的主要原则有明确的定义和特点,特别是自愿原则、保密原则、“当事人真诚”原则、中立原则。就在解决行政纠纷过程中加强使用现代调解手段提出了建议。重点介绍了一些发达国家在研究领域的成功经验及其在乌克兰使用的可能性。通过调解解决行政纠纷是解决行政纠纷的有效手段。这种手段的主要优点之一是其自愿和非正式性质,为争端各方提供了充分的谈判机会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Mediation as a means to resolve administrative disputes
The purpose of the article is a scientific analysis regarding the understanding of the essence and content of mediation as one of the most effective means to resolve administrative and legal disputes, as well as the latest draft laws, developed by the Government of Ukraine regarding the regulation of the mediation procedure, are analyzed, as a result of which own comments are expressed and recommendations for improving their provisions are provided. The methodological basis of this article was the methods of scientific cognition, which are mostly used in legal science nowadays, namely: formal-legal, analytical and structural-functional. The historical and legal aspects of the development of the institution of mediation are being analyzed in this work. Based on scientific sources, the essence of mediation has been clarified and the mediation procedure as one of the promising means to resolve administrative disputes has been analyzed. The impact of mediation on the quality of resolving administrative and legal disputes which occur between the subjects of administrative and legal relations is also determined. The main principles of the mediation procedure are defined and characterized, in particular, such as voluntariness, confidentiality, "sincerity of the parties", neutrality. Proposals are provided regarding the intensification of the use of modern means of mediation during resolving administrative disputes. Emphasis is placed on the successful experience of a number of developed foreign countries in the researched area and the possibilities of its use in Ukraine. The authors conclude that the resolution of administrative disputes through the use of mediation is a quite effective means to resolve conflicts. One of the key advantages of this means is its voluntary and informal nature, which gives ample opportunities for negotiations to the disputing parties. 
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Dixi
Dixi LAW-
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