The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation

Институт медиации в законодательстве Республики Казахстан: перспективы региональной адаптации

Chimarov, Nikolai (Чимаров, Николай) () and Chimarov, Sergey (Чимаров, Сергей)
Additional contact information
Chimarov, Nikolai (Чимаров, Николай): Russian Presidential Academy of National Economy and Public Administration
Chimarov, Sergey (Чимаров, Сергей): Russian Presidential Academy of National Economy and Public Administration

Eurasian integration: economy, law, politics, 2023, issue 3, 120-128

Abstract: 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.

Keywords: mediation; mediation agreement; Singapore Convention; EAEU; enforcement; Astana International Financial Center (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://repec.ranepa.ru/rnp/eurint/et2310.pdf

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:rnp:eurint:et2310

Access Statistics for this article

Eurasian integration: economy, law, politics is currently edited by Sergey Glazyev

More articles in Eurasian integration: economy, law, politics from Russian Presidential Academy of National Economy and Public Administration Contact information at EDIRC.
Bibliographic data for series maintained by RANEPA maintainer ().