INSTITUTIONALIZATION OF MEDIATION IN ADMINISTRATIVE COURTS OF UKRAINE IN THE LIGHT OF EUROPEAN STANDARDS

Abstract

The purpose of the article is to provide a comprehensive analysis of the legal, institutional and procedural prerequisites for the introduction of mediation in administrative proceedings in Ukraine in the context of modern European standards of alternative dispute resolution. The author considers the possibility of institutionalizing mediation as an effective tool for reducing the workload of administrative courts and improving the quality of access to justice in public law disputes. Methods. The study uses the methods of formal legal, comparative legal, systemic and functional analysis. The author compares Ukrainian legislation with the legal systems of France, Germany and Poland. Particular attention is paid to the analysis of Council of Europe acts, in particular Recommendation Rec(2001)9, CEPEJ Guidelines on Mediation (2023), and the Charter on Access to Justice in Administrative Disputes. Results. The study found that there are no procedural mechanisms for the use of mediation in administrative cases in Ukraine, despite the existence of the General Law on Mediation (2021). The case law of administrative courts also does not demonstrate a tendency to use alternative dispute resolution methods. In European countries, mediation in the field of public law is actively used – both mandatory (France) and recommended (Germany, the Netherlands). The introduction of the mediation institute can increase the effectiveness of judicial protection, avoid conflicts, and reduce time and resources. Conclusions. The institutionalization of mediation in the administrative process of Ukraine requires amending the Code of Administrative Procedure of Ukraine, developing standard procedures and forms of participation of the parties in mediation, and creating a unified register of mediators. It would be advisable to implement pilot projects in administrative courts for voluntary or recommended involvement in mediation in cases where reconciliation is possible. The positive practice of European countries shows that effective mediation not only increases access to justice but also contributes to the development of legal culture in society.