Background: Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained alternative dispute resolution (ADR) development in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine ‘On mediation’ was adopted on 16 November 2021. Methods: The article is devoted to distinctive features of the new Ukrainian legislative mediation regulation that are decisive for the national mediation model, such as the definition and principle of mediation, its principles and scope, requirements for mediators, etc. Special attention is paid to the perspective and challenges for the mandatory mediation in terms of the provisions of Art. 124 of the Constitution of Ukraine and European standards for access to court (para. 1 Art. 6 of the ECHR). The article addresses organisational and procedural aspects of integrating mediation into judicial proceedings. Different models of integrating mediation into the Ukrainian court system piloted in Ukraine are analysed. The authors define current trends in the development of mediation in Ukraine. Results and Conclusions: The authors conclude that the adoption of the Law ‘On mediation’ contributes to the ADR movement in Ukraine but needs some further steps, such as developing a national model of court mediation, the amendment of procedural legislation introducing a special procedure that would lead to the enforcement of agreements resulting from international mediation in commercial disputes, and the adoption of special regulation for integrating mediation into other jurisdictional activities (notariat, system of legal aid).
The article considers the human right to a decent standard of living, its consolidation in international legal acts on human rights, constitutions and legislation of foreign states. It is emphasized that different terminology in the constitutions of states reflects a conflicting understanding of human rights, as well as the level of their development in a specific state. In this regard, different approaches to the studied terminology are observed in modern scientific literature. It is noted that a reliable idea of what constitutes the right to life and the right to a dignified life can be formed under the condition of synthesis of knowledge about what life is in general, as well as about the criteria of its dignity. The opinion expressed is that social and legal criteria for a dignified human life represent a multi-component open system. The level of self-realization of a person, acting in this system as an integral, system-creating criterion, is concretized into certain, quite important components: which make it possible to assess the sufficiency of material goods necessary to ensure the real possibility of realizing individual interests and needs; the sufficiency of intangible goods necessary to ensure the realization of individual interests and needs; legal guarantee and protection of the right to a dignified life. It was emphasized that the level of realization of the right to a decent life is influenced by various factors: state social policy, level of development of the social sphere in the country, living conditions of the population, lifestyle, investment climate, state of the environment, spirituality, socio-historical processes, income of the population, poverty and inequality, unemployment and labor force utilization, demographic dynamics, education and training, health, food and nutrition, housing conditions, infrastructure, communication, culture, social ties, family values, political and social stability, political and civil institutions. Based on the analysis of scientific points of view and legislation, the author comes to the conclusion that the right to a decent standard of living as a legal category is the minimum standard for satisfying human needs in various spheres: from physiological to spiritual. It includes social, economic and political rights that allow a person to be a worthy member of society, to develop freely in the conditions of security and social protection of the state. This right is enshrined in all the main international acts, both universal and regional, which define basic human rights and freedoms.
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