Bіtsay A. The organizational and legal foundations of participation of an advocate in mediation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000410

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

28-01-2016

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The thesis deals with theoretical, organizational and legal foundations of participation of an advocate in mediation that determine the functioning and further development of mediation in the legal system of Ukraine with the participation of lawyers, including providing recommendations for improving the current legislation of Ukraine about the advocacy and advocacy activity and practice of its application. Based on the analysis of scientific sources and regulations, the author reveals the essence of mediation as a legal phenomenon, outlines the experience of legal regulation of mediation at international and national levels of foreign countries and Ukraine, also the classification of main models of mediation in the world was made and prospects for Ukraine was determined. In this dissertation, the characteristics of the legal status of advocate-mediator in the mediation procedure were provided, the professional liability of an advocate-mediator was studied. Foundations of confidentiality of the mediation in the advocate-mediator activity were defined. The dissertation research makes it possible to establish the peculiarities of an advocate in mediation in civil and economic legal disputes as a representative of the principal and identify the specific features of an advocate in the mediation procedure in criminal procedure.

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