Bulletin of Kharkiv National University of Internal Affairs (Dec 2024)
The role of mediation in the activities of law enforcement bodies
Abstract
The article is devoted to the study of such an alternative method of dispute resolution as mediation. Mediation is currently a very popular way of resolving conflicts and is beginning to be introduced into all spheres of human life. Mediation is conducted by mutual consent of the mediation parties, taking into account the principles of voluntariness, confidentiality, neutrality, independence and impartiality of the mediator, self-determination and equality of rights of the mediation parties. The principles of mediation extend to the stage of preparation for mediation. The author of the article emphasizes the peculiarities of legal mediation, which is determined primarily by its object, subject, concept and task. Regarding the activities of the National Police, it will be appropriate to use legal mediation, the task of which is to neutralize the legal conflict; achieving reconciliation of the parties to the dispute, etc. The article shows that foreign countries are actively using police mediation, especially with a view to resolving disputes between individuals and police officers. Among the advantages of using the mediation procedure in the case of complaints against police officers, the following aspects are highlighted: psychological comfort of the process, absence of restrictions on the subject matter of the dispute, the ability to influence the outcome, and confidentiality of the procedure. This, in turn, will contribute to: increasing the level of trust in the law enforcement system as a whole; to prevent disciplinary sanctions for the police officer and, accordingly, the occurrence of negative consequences for advancement on the career ladder; increase efficiency in comparison with disciplinary proceedings; economy, etc. Moreover, the peculiarities and positive aspects of the introduction of such a procedure in Ukraine are presented.
Keywords
