OBSTACLES TO THE INSTITUTIONAL DEVELOPMENT OF MEDIATION IN UKRAINE: ABUSE OF RIGHTS IN THE PROCESS OF MEDIATION
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article covers the scientific approaches to the category of “abuse of the law”. The author draws attention to the possibility of using this category in the administrative process of Ukraine. Some aspects of abuse of the law are covered in the application of the institute of mediation in the administrative process of Ukraine. It is noted that legal phenomena exist objectively, regardless of our knowledge of them and of the position of the legislator, which uses a specific term to refer to a particular phenomenon. Like any phenomenon of the objective world, abuse of the right is a subjective-objective category, because any activity, including abuse of law, is a unity of the objective and subjective side. The advantages of implementing the dispute resolution institute with the participation of a judge in domestic procedural law is difficult to underestimate. Of course, in the hands of an unscrupulous and unscrupulous defendant, this could be another way of abusing their procedural rights in order to delay the consideration of a case and make a decision on the merits or banal – to change the judge in the dispute. It is substantiated that the effectiveness and success of large-scale integration of mediation in the work of courts requires a system-wide integrated approach. Including the development of measures to counteract the abuse of the parties that may arise from the conduct of the mediation procedure after the commencement of the trial (unfair behavior, delaying the mediation and litigation process, avoiding participation in mediation without explicit notice of termination of the procedure, etc.).
Authors and Affiliations
Сергій Олександрович Корінний
Keywords
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