MEDIATION WITHIN THE FRAMEWORK OF CONTROL AND SUPERVISORY ACTIVITIES

The article provides a comprehensive analysis of the legislative regulation of the mediation procedure, examines the practice of applying this procedure (mainly in the context of control and supervisory activities). The authors substantiate the relevance and scientific novelty of the research topic, as well as the importance of studying the mediation procedure, since this institution, with due attention, can become an important part of resolving disputes and conflicts in the Russian Federation. The study analyzes statistics on complaints considered in pre-trial proceedings since 2021 (since the introduction of the pre-trial appeal service); the concept and essence of the mediation procedure are defined; the basic principles of mediation are highlighted; the existing restrictions in terms of the use of mediation in administrative proceedings are considered; applicable recommendations on the normative consolidation of the use of the mediation procedure in resolving conflicts arising between business representatives and the state are formulated. The authors highlight the advantages of the mediation procedure and identify the main problems that arise when using it. Among the possible ways to solve existing problems in terms of the application of the mediation procedure, the authors focus on the regulatory consolidation of the use of this procedure in resolving disputes between business representatives and government agencies, including using platform solutions. In particular, the authors propose to grant legal entities and individual entrepreneurs the right to apply to the mediation procedure; to fix at the legislative level the opportunity for business representatives to apply to the mediation procedure in resolving disputes related to the collection of budget payments and the application of sanctions; to expand the list of mediators; to develop financial and economic bases for the implementation of the institution of mediation.

mediation, mediation procedure, disputes, business, public authorities, complaints, supervision, control, control and supervisory activities

Shaydullina V. K., Kirlan M. G. Mediation within the framework of control and supervisory activities. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):288—293. DOI: 10.25683/VOLBI.2023.64.745.