DEVELOPMENT OF THE MEDIATION INSTITUTE IN THE REPUBLIC OF KAZAKHSTAN

Authors

  • Marianna Ivanovna Dyachuk

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_219

Keywords:

mediation procedure, alternative method of dispute resolution, conflict, the principle of voluntariness, equality of the parties

Abstract

The article deals with the issues of legal regulation of the institution of mediation as an alternative method of dispute resolution. The article deals with the implementation of the Law of the Republic of Kazakhstan "On Mediation", the practice of using mediation in civil proceedings, which contributes to the development of an effective tool for resolving disputes and conflicts in the Republic of Kazakhstan. The article describes the history of the formation of the mediation institute in the Republic of Kazakhstan.

The analysis of the use of the mediation institute has shown that in recent decades mediation has been developing very dynamically and increasingly as an alternative way of resolving disputes. Thus, the advantages of the mediation procedure are highlighted, and the issues of improving the institution of mediation are discussed.

With the adoption of the Law of the Republic of Kazakhstan "On Mediation", relevant amendments were made to a number of legislative acts. In this regard, examples are given about the adopted changes in the legal sphere: according to which new versions of the Criminal and Criminal Procedure Codes, the Civil Procedure Code, and the Administrative Code were adopted.

In the article, to realize the potential of mediation, it is proposed to consider mediation as an independent type of professional activity, which consists in providing qualified assistance to participants in disputed legal relations in resolving a dispute that has arisen between them, and also on the basis of study and analysis, proposals for amendments to the law of the Republic of Kazakhstan "On Mediation"are presented.

Published

30.03.2021

How to Cite

Dyachuk М. И. (2021). DEVELOPMENT OF THE MEDIATION INSTITUTE IN THE REPUBLIC OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_219