The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation
The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizati...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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President of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of Management
2023-10-01
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| Series: | Евразийская интеграция: экономика, право, политика |
| Subjects: | |
| Online Access: | https://www.eijournal.ru/jour/article/view/1183 |
| _version_ | 1797214318384644096 |
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| author | N. S. Chimarov S. Yu. Chimarov |
| author_facet | N. S. Chimarov S. Yu. Chimarov |
| author_sort | N. S. Chimarov |
| collection | DOAJ |
| description | The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends.Aim. Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation.Tasks. The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents.Methods. Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used.Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018.Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states. |
| first_indexed | 2024-03-08T15:14:45Z |
| format | Article |
| id | doaj.art-dc7ced1ddeed40ffa6e6ad5d81e211e8 |
| institution | Directory Open Access Journal |
| issn | 2073-2929 |
| language | English |
| last_indexed | 2024-04-24T11:12:16Z |
| publishDate | 2023-10-01 |
| publisher | President of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of Management |
| record_format | Article |
| series | Евразийская интеграция: экономика, право, политика |
| spelling | doaj.art-dc7ced1ddeed40ffa6e6ad5d81e211e82024-04-11T12:16:08ZengPresident of the Russian Federation, Russian Academy of National Economy and Public Administration, North-West Institute of ManagementЕвразийская интеграция: экономика, право, политика2073-29292023-10-0117312012810.22394/2073-2929-2023-03-120-128534The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional AdaptationN. S. Chimarov0S. Yu. Chimarov1Russian Presidential Academy of ational Economy and Public Administration (North-West Institute of Management of RANEPA)Saint Petersburg University of the Ministry of Internal Affairs of RussiaThe gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends.Aim. Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation.Tasks. The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents.Methods. Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used.Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018.Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states.https://www.eijournal.ru/jour/article/view/1183mediationmediation agreementsingapore conventioneaeuenforcementastana international financial center |
| spellingShingle | N. S. Chimarov S. Yu. Chimarov The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation Евразийская интеграция: экономика, право, политика mediation mediation agreement singapore convention eaeu enforcement astana international financial center |
| title | The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation |
| title_full | The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation |
| title_fullStr | The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation |
| title_full_unstemmed | The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation |
| title_short | The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation |
| title_sort | institution of mediation in the legislation of the republic of kazakhstan prospects for regional adaptation |
| topic | mediation mediation agreement singapore convention eaeu enforcement astana international financial center |
| url | https://www.eijournal.ru/jour/article/view/1183 |
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