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 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.

1. Baindyyev R. T. The Mediation Procedure in the Framework of Restorative Justice in Canada and the Republic of Kazakhstani // Ural journal of Legal Research [Ural’skij zhurnal pravovyh issledovanij]. 2022. No. 4 (21). P. 3–9. (In Rus.) EDN: XHYKJR. DOI: 10.34076/2658_512X_2022_4_3

2. Bijan N. R. Features of the development of the institute of mediation in Kazakhstan // Modern public administration policy: pros and cons : Materials of the scientific and practical conference (with international participation). In 2 parts. Lugansk, November 24–25, 2022. Part I. Lugansk. 2022. P. 28-42. (In Rus.)

3. Goncharenko M. A., Khomyakova L. I. International Financial Center “Astana” as a Tool of “Soft Power” of Kazakhstan and the EAEU // Economics, Taxes & Law [Ekonomika. Nalogi. Pravo]. 2020. V. 13. No. 6. P. 110–118. (In Rus.) EDN: YYAFEI. DOI: 10.26794/1999-849X-2020-13-6-110-118

4. Dyachuk M. I. Development of the Mediation Institute in the Republic of Kazakhstan // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan [Vestnik Instituta zakonodatel’stva i pra vovoi informatsii Respubliki Kazakhstan]. 2021. No. 1 (64). P. 219–232. (In Rus.) EDN: UGNCFP. DOI: 10.52026/2788- 5291_2021_64_1_219

5. Zasemkova O. F. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Mediation): from Dream to Reality? // Lex Russica (The Russian Law). 2019. No. 3 (148). P. 60–72. (In Rus.) EDN: ZCJFIT. DOI: 10.17803/1729-5920.2019.148.3.060-072

6. Kalenova A. A. Mediation in the Criminal Process of the Republic of Kazakhstan // Journal of Barnaul Law Institute Russian Interior Ministry [Vestnik Barnaul’skogo yuridicheskogo instituta MVD Rossii]. 2020. No. 2 (39). P. 44–46. (In Rus.) EDN: RREEOF

7. Kalshabaeva M. Zh., Sartaev S. А., Оspanova D. А. [et al.] Some Problems of the Development of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan // Bulletin of Kazakh National University. Legal Series [Vestnik Kazahskogo nacional’nogo universiteta. Seriya yuridicheskaya]. 2022. V. 104. No. 4. P. 12–25. (In Rus.) EDN: FRZLNT. DOI: 10.26577/JAPJ.2022.v104.i4.02

8. Mitskaya E. V. Use of Mediation to Permit Criminal Law Conflict in Kazakhstan // Theory of State and Law [Teoriya gosudarstva i prava]. 2020. No. 3–1 (19–1). P. 95–106. (In Rus.) EDN: UKRNSK. DOI: 10.47905/MATGIP.2020.19.3.026

9. Solov’ev A. A. On Some Procedures for Resolving a Dispute Peacefully (Experience of the French Republic) // Bulletin of the Arbitration Court of the Moscow region [Vestnik Arbitrazhnogo suda Moskovskoj oblasti (opyt Francuzskoj respubliki)]. 2019. No. 1. P. 49–60. (In Rus.)

10. Hioureas C. G. The Singapore Convention on International Settlement Agreements Resulting from Mediation: A New Way Forward? // Ecology Law Quarterly. 2019. V. 46. No. 1. P. 61–70.