The role of mediation in ensuring the Constitutional rights of citizens was discussed by Kazakh experts at the Republican seminar-training of the Assembly of people of Kazakhstan, which was held on 24 August in the Library of the First President of Kazakhstan with the participation of deputies of the Majilis of Parliament, representatives of mediation centers, ministries and other interested bodies.

It is known that mediation is one of the effective ways to resolve disputes and conflicts. As practice shows, to settle the dispute through the pre-trial process, while maintaining a positive attitude of the parties is one of the main advantages of mediation.

Topical issues of mediation as a mechanism of legal culture of society and the formation of a new social consciousness were discussed during the seminar. In addition, the event included a plenary session on “Mediation as an institution of social harmony and national unity”.

According to the Deputy Chairman – head of the Secretariat of the APK Leonid Prokopenko, the Constitution of Kazakhstan fully takes the mentality and legal traditions of our people into account, the core of the constitutional order are the constitutional provision on social harmony, equality of all citizens living in Kazakhstan, regardless of their ethnic, religious and social origin.

– Assembly of people of Kazakhstan remains the main coordinator of the work to strengthen peace and harmony in Kazakhstan and it also defines conflict prevention and prevention as the main course in its strategy, – head of the Secretariat of the APK said.

At the same time, Leonid Andreevich explained the importance of qualitative membership in creation of a pool of public mediators and emphasized the need to train mediators to methods and techniques of negotiation and legal competent registration of mediation agreements.

As the speaker said, one of the main tools of the Assembly in this direction is the Republican Mediation Council of the APK, which is the main coordinator of this activity. Currently, a systematic work on the formation and development of the Institute of public mediators, professional mediation is held in the preventive settlement of social conflicts.

It is worth noting that the Assembly held more than 800 events under the plan to promote the development of the Institute of mediation for the six months of this year.

– The head of state – Nursultan Nazarbayev revealing the essence of the program “Ruhani zhangyru” at the XXV session of the Assembly of people of Kazakhstan, noted that it is necessary to develop a network of mediators and increase the legal culture of the population in society, – Leonid Prokopenko reminded.

Therefore, this direction of the work is designated as the main priorities of the Assembly in the concept of development of the APK until 2025.

– The desire to settle the dispute, to eliminate the misunderstanding that prevents further development is nothing but a manifestation of the openness of consciousness. The willingness of citizens to compromise in the course of resolving any conflict becomes an indicator of civil maturity and responsibility, increases the level of development of the legal culture of society, provides social stability and constancy of the entire social structure of Kazakhstan, – Deputy Chairman of the APK said.

In this regard, it is necessary to develop the ability to find a common language with each other in society and to understand and hear the arguments of the opponent, take responsibility for themselves.

According to the speaker, mediation should be seen as an important element for the modernization of public consciousness and spiritual revival of the country, which in turn is one of the important directions of the program “Ruhani zhangyru”, formation of pragmatism in society, cult of knowledge, competitiveness, and openness of consciousness and eventually, “provision of an evolutionary rather than revolutionary development of Kazakhstan”.

During the seminar, the similarity of the Institute of mediation introduced 7 years ago and the traditional court of biys was noted. In the Kazakh steppe people with huge public authority administered justice, resolved lawsuits and disputes of people, at the same time their verdicts were not disputed and were obligatory for execution.

To express that fact, the great thinker Abay Kunanbayev in his edification words said: “Let the disputes be resolved by two judges and a mediator chosen by complainant”.

Regarding the social role of mediation, it is necessary to recognize the important role of the constitutional advisory body (APK – editor’s note), which reconciles various poles of national consciousness, building harmonious relations between the ethne of Kazakhstan, ensuring their integration into a single nation, thereby performing mediation functions in the field of interethnic relations and acts as a mechanism for strengthening the unity of the people of Kazakhstan.

It is also important that the APK systematically and consistently promotes the idea of popularizing the institution of mediation, using all the structures and platforms in the development of mediation in the sphere of public consciousness. These are councils of public consent, regional friendship houses, departments of the APK in cooperation with colleagues from the Supreme court, Ministry of justice, MIA, Prosecutor General's office and public organizations of mediators in the country.

According to the data, within the current legal framework at “Kogamdyk kelisim” KSU, there are 16 mediation rooms equipped with all the rules of mediation procedures at friendship houses. In addition, in all regions, rural districts and districts under the auspices of the APK, 907 offices specialized in mediation procedures have been opened today and the total number of public mediators is 3169 people, which is almost three times higher than in June 2016 (1067 people).

At the end of the event, the organizers of the training thanked the Assembly of people of Kazakhstan for the opportunity to share their thoughts and ideas. Participants of the training were awarded with certificates.

Дата события ассамблеи: 25.08.2018

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