СONSTITUTIONAL PRINCIPLES OF MEDIATION IN THE LEGISLATION OF UKRAINE

Abstract

The scientific article examines the concept of the principles of the Constitution and constitutional principles, makes its own generalizations and the author's interpretation of the understanding of these phenomena through the prism of mediation. The proposed author's understanding of the concepts of constitutional principles and principles of the Constitution of Ukraine. Based on an understanding of the content of these phenomena, when conducting the study, the author focused on the constitutional principles of mediation. Their content and essence are revealed. This study emphasizes that the principles of the Constitution can be classified into universal, general, basic, fundamental, and special. Their legal nature and specific application in the specific activities of the state and its bodies are determined. The scientific achievements of lawyers in the field of mediation are analyzed, in particular, on the interpretation of the constitutional principles of mediation in the Law of Ukraine “On Mediation”. In addition, we conducted our own analysis of constitutional norms that are the basis for mediation in various branches of law. In the process of research, it was proven that the principles of the Constitution of Ukraine are the basic principles, initial ideas, as well as basic norms that have the highest legal force. Well-developed theoretical and legal sources made it possible to formulate our own definition of the constitutional principles of mediation as a system of ideas, norms and basic principles defined in the Constitution of Ukraine and reflected in depth in the Law of Ukraine “On Mediation” and other industry regulations. The constitutional principles of mediation, according to the author, reflect the foundations of the Constitution of Ukraine. It has been proven that the content of the phenomenon of mediation is not new for Ukrainian society, because since ancient times, authoritative members of the human community have carried out reconciliation in emerging disputes. From an analysis of modern Ukrainian legislation and the practice of its application, it was concluded that mediation has a number of important advantages over litigation. Increasingly, participants in conflict situations choose mediation in labor, civil, family and other disputes. Summarizing the work done, the author points out that the result of the mediation procedure largely depends on the personal and professional qualities of the mediator, the level of readiness of the mediation participants to carry it out and the degree of the conflict situation that needs to be resolved.