Bortnykova A. The legal basis for the use of mediation as a way of resolving public disputes

The dissertation is devoted to the analysis of legal bases of the use of mediation as a way of resolving public-law disputes. It was argued that with the advent of the updated category of «public-management functions» there was a reload of the content of relations at the level of «state-citizen», causing the transition to a new stage of relations, where the realization of the rights, freedoms and interests of citizens is ensured by the servicing nature of the functioning of the state apparatus, which was reflected in the emergence of bilateral influence of the parties in public-law relations. It has been proved that discretionary powers should be used to ensure the broadest protection of human rights and citizens. The existing legislative variability in the powers of a civil servant is a favorable factor for the application of mediation, since the possibility of choosing one or another solution contributes to a compromise, more qualitative consideration and objective circumstances, and subjective points of view of the parties. Therefore, discretionary powers should turn from corruption risks into one of the promising means of ensuring the full rights of citizens.