Kozyuk M.N. The Experience of the Legislative Regulation in Russia, Kazakhstan and China

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.11

Mikhail N. Kozyuk, Candidate of Juridical Sciences, Associate Professor, Department of Theory and History of State and Law, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the problem of local self-government in Russia is the situation when there is no important link in the system of municipal relations – the local community. This leads to a lot of negative effects that are now increasingly referred to as the crisis of the local government. In particular, due to the increase in the conflict nature of the modern society, the social sciences face the practical problem of creating the effective technologies for its prevention and resolution at the lowest level of social organization. Goals and tasks: one of the promising technologies here is mediateness, or mediation in reconciliation. However, mediation has no prospects in the local community in the form it is introduced into the Russian society. Therefore, the author proposes to refer to the legislative experience of other countries in a similar situation: first of all, Kazakhstan and China, as these countries have their own laws on mediation. Methods: the comparative law analysis is used to study the experience of these
countries. Conclusions: from the author’s point of view, it is necessary to carefully study the Chinese experience as the most promising for Russia. In China, the function of organizing the removal of social conflict at the level of local communities is provided in the Constitution. Among the attractive points one can note the organizational clarity, certain flexibility of the organization and activity, as well as the logistical support for the activities of intermediaries, which are guaranteed by the state.

Key words: reconciliation, mediation, local community, mediators, people’s mediators.

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