Scientific Journal of the National Academy of Internal Affairs

The aim of the study was to identify the theoretical and legal foundations for the application of mediation in Ukraine’s administrative justice system, to identify barriers to its widespread adoption, and to justify mechanisms for its implementation. The methodological design of the study was based on a combination of formal-legal and statistical methods, content analysis of materials and case studies of judicial practice, alongside the methods of systematisation and legal modelling. The study found that current Ukrainian legislation provides the legal framework for the use of mediation in administrative proceedings through the institutions of conciliation between the parties and dispute resolution with the participation of a judge. It has been demonstrated that administrative disputes relating to the exercise of discretionary powers by public authorities, particularly in the areas of social protection, the civil service and certain categories of tax law, offer the greatest potential for the use of mediation. It has been established that the scope for applying mediation is limited in disputes where the content of an administrative decision is strictly defined by law or relates to the protection of the public interest. It has been found that the increasing workload on administrative courts is not accompanied by a wider adoption of consensual dispute resolution methods. It has been established that the limited use of mediation in Ukraine’s administrative justice system is due to a combination of legal, institutional and procedural barriers. A lack of proper institutional integration of mediation into the administrative justice system has been identified, in particular the absence of specialised mechanisms for referring parties to a mediator, mediation centres attached to administrative courts, and procedures for interaction between courts and mediators. The practical significance of the research findings lies in the potential use by the legislature when improving Ukraine’s administrative procedural legislation, by judicial administration bodies and administrative courts when developing mechanisms for integrating mediation into judicial practice, and by mediators and academics in preparing proposals for the development of alternative methods of resolving public-law disputes