MEDIATION AS AN ALTERNATIVE FORM OF LAND DISPUTE RESOLUTION IN UKRAINE

Abstract

The article studies the institution of mediation as an alternative form of resolving land disputes in Ukraine. It is noted that in the process of implementing the right to land ownership, land use rights, and good neighborliness, situations often arise that require pre-trial resolution of land disputes. It is proven that today mediation is an effective method of alternative resolution of land disputes, which will help prevent conflicts through negotiations. It is established that the institution of mediation as an alternative form of resolving land disputes acquires special importance in the context of the approximation of Ukrainian legislation to the legislation of the European Union. The article studies the concept of mediation as an alternative method of resolving land disputes and establishes the main features of the above-mentioned institution. It is established that the resolution of land disputes related to compliance with the rules of good neighborliness is particularly effective with the use of the institution of mediation. It is noted that the resolution of land disputes related to the violation of land protection rules, as well as the violation of environmental standards in the field of land relations, requires a solution precisely through mediation. It is proved that in order to improve the legal regulation of mediation in the field of land relations in Ukraine, it seems appropriate to supplement the provisions of the Land Code with the concept of "mediation in the field of land relations". The advantages of mediation as a form of resolving land disputes, which are built on the principles of voluntariness, confidentiality, neutrality, and independence, are established. The feasibility of involving specialists whose special knowledge will help in resolving the conflict in the mediation procedure is proven. It is proposed to supplement the provisions of the legislation in the field of mediation with a provision on the feasibility of special training of a mediator who carries out his activities in the field of land relations. It is noted that the institution of mediation as an alternative method of resolving land disputes can be attributed to one of the special methods of protecting land rights and interests.