PROBLEMS OF APPLICATIONS OF MEDIATION IN REPUBLIC KAZAKHSTAN
Keywords:
аlternative methods of dispute resolution on the law , conciliation, mediation, mediators, arbitration, conflict resolution, negotiations, non-judicial forms of protection of rightsAbstract
Considering the practical implementation and further implementation of the institutes of alternative dispute resolution on the law of the Republic of Kazakhstan the legal community drew attention to further legislative consolidation of the status and activities of legal mediation procedures in the Republic of Kazakhstan, especially the mediation of technology disputes, such as extrajudicial forms of protection of rights and interests of citizens and legal entities contribute to the development of social harmony and the reduction of conflicts in the society, and the development of partnerships in the long term.
To date, the use of mediation in our Kazakh society shows that this mechanism is necessary in the Republic of Kazakhstan as a universal way to resolve disputes and conflicts. Moreover, in the process of studying the application of the Law "On mediation" in practice, some problems of the scope of mediation were identified, respectively, the monitoring of legislative acts in the field of mediation was carried out and solutions were proposed.
Based on the generalized analysis of the legal framework of the Republic of Kazakhstan in the field of mediation, the existing theoretical views on the methods of dispute resolution on the law both in private and public relations, in order to reduce social tension, conflict in society, the development of public consciousness, it is proposed to expand the scope of mediation, as well as further implementation of school mediation in the Republic of Kazakhstan. Legislative consolidation and application of various ways and means of reaching a compromise between the parties both in court and out of court in our state is a necessity dictated by the modern conditions of life of the society, which strives for the full realization of the rights and freedoms of citizens and legal entities, as well as the protection of violated or disputed rights in.