Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan
Kalshabayeva M. Sartayev S. Tursynkulova D. Balabiyev K. Abdykadyr U.
July—September 2024Pakistan Society of Criminology
Pakistan Journal of Criminology
2024#16Issue 3435 - 450 pp.
The purpose of the paper is to study foreign experience in regulating the mediation procedure. Notable among the methods employed are logical analysis, dogmatic, formal legal, legal hermeneutics, deduction, synthesis, and other methods. In the course of the research, the institute of mediation was considered: the concept was studied, the role in the modern world was highlighted, its inherent features and principles of implementation were identified. The legislative base of the Republic of Kazakhstan and a number of foreign states was studied, which made it possible to highlight certain features. A comparative legal analysis of the foreign experience of the mediation procedure was carried out, in particular, the experience of the USA, Great Britain, Germany and France. The findings offer solutions to issues that will improve Kazakhstans mediation procedure law enforcement.
Comparative analysis , Conciliation procedure , foreign experience , Legal institution , Level of application
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Department of Jurisprudence and International Law, Turan University, Almaty, Kazakhstan
Department of Theory and History of State and Law, Constitutional and Administrative Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan
Department of Law, Central Asian Innovation University, Shymkent, Kazakhstan
Department of Jurisprudence and International Law
Department of Theory and History of State and Law
Department of Law
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