The state of regulatory and legal regulation of the administrative and legal status of mediators and their associations

Abstract

The article analyzes the concept of the administrative and legal status of mediators and their associations, as well as the state of its regulatory and legal regulation. It is established that the regulatory and legal regulation of the administrative and legal status of mediators and their associations is a set of administrative law norms aimed at determining the legal status of mediators and their associations (their rights, obligations, guarantees of activity, etc.), as well as ensuring their proper and lawful functioning in order to qualitatively and effectively fulfill their tasks and functions.

It is noted that international regulatory and legal acts play an important role in terms of forming the ideological basis, as well as the regulatory and legal framework for regulating the institution of mediation in general, and within the framework of individual branches of justice, in particular. It is the Recommendations and Directives outlined by us that were included in the formation of regulatory and legal acts that have lower legal force.

It is summarized that today the state of regulatory and legal regulation of the administrative and legal status of mediators and their associations can be assessed ambiguously. Thus, on the one hand, there are a number of international regulatory documents, as well as the specialized Law "On Mediation", which defines the most important principles of the activities of mediators and their associations (legal status and procedure for activities, etc.). On the other hand, a number of aspects related to the activities of mediators remain insufficiently regulated, in particular, this concerns: a) the system of training mediators; b) guarantees for the activities of mediators and their associations; c) there is still no national Code of Professional Ethics for Mediators; d) the issue of remuneration of mediators, as well as their social security, is unregulated; e) the provisions on the legal liability of mediators are superficially disclosed; etc. In view of the above, the activities of mediators and their associations are regulated rather superficially, and the legislation in this area requires comprehensive revision.