MEETING of the Center for mediation for prevention and conflict resolution

6 августа 2015 года в городе Астане, в конференц-зале «Парламент» (гостиничный комплекс Думан, Кургальджинское шоссе,2а), проходит  заседание Центра медиации по вопросам предотвращения и разрешения конфликтов, организованный Ассамблеей  народа Казахстана, Республиканским государственным учреждением «Қоғамдық келісім» при Президенте Республики Казахстан и исследовательским институтом «Общественное мнение».

August 6, 2015 in Astana, in the conference room "Parliament" (Duman hotel, 2a, Korgalzhyn highway), held a meeting of the Center for mediation for conflict prevention and resolution, organized by the Assembly of People of Kazakhstan, "Kogamdyk kelіsіm" Republican state institution under the President of the Republic of Kazakhstan and "Public Opinion" Research Institute.

Foreign and local experts, representatives of the General Prosecutor's Office, Supreme Court, Ministry of Justice and other concerned government agencies discussed the purpose of this meeting - creation of specific mechanisms to the Assembly of the people Kazakhstan - Mediation Institute, under the APK in order to strengthen social harmony and the creation of the School of mediators, cooperation government agencies that use mediation in matters of public consent.

The event was attended by international experts, mediators, leading scientists from Bulgaria, Spain, Russia, the deputies of the Mazhilis of the Parliament of Kazakhstan, representatives of government agencies, members of the Assembly of People of Kazakhstan, experts of "Kogamdyk kelіsіm" RSI under the President of the Republic of Kazakhstan, representatives of mediation centers in Kazakhstan, members of the Scientific expert council and scientific and expert groups of APK, representatives of the regional council of public agreement under the APK, council of mothers of APK, the departments of APK and media.

The meeting scheduled for the plenary session, presentation of programs and mediation centers, conducting training seminars. Mediation programs in various areas will be presented during the training seminar. As a result of training seminars, all participants will receive a certificate of international standard.

By results of the meeting will be signed Protocol of intentions between the Institute of peace and conflict of the University of Granada (Spain)  “Kogamdyk kelіsіm” RSI under the President of RK. Taking into account the international experience a model of the development of mediation in the Assembly of People of Kazakhstan will be developed especially to use mediation procedures in the practice of addressing issues of development and strengthening of the public consent. Provided to develop recommendations for changes and amendments to the Law "On Mediation". Developed the Concept of creation of the Centre of mediation under the APK on the basis of "Kogamdyk kelіsіm" RSI under the President of the Republic of Kazakhstan and the "Public Opinion" RI.  Creating an annual school of mediators of APK.

The partners of this meeting were Supreme Court of the Republic of Kazakhstan, the Prosecutor General of the Republic of Kazakhstan, the Ministry of Education and Science of the Republic of Kazakhstan, the Ministry of Justice of the Republic of Kazakhstan.

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The Parliament of Kazakhstan adopted a law "On Mediation" on January 12, 2011, which provides for the creation of mediation institute in civil and criminal proceedings as an alternative method of dispute resolution. January 28, 2011, the law was signed by the President.

Experience in other countries shows that the settlement of disputes involving a mediator in most cases end in an agreement.

The creation of mediation actively and positively affects the prevention and resolution of conflicts existing practice, in various areas of law and in the area of extra-legal disputes.

Mediation in its modern sense began to develop in the second half of the XX century. First of all, in the countries of Anglo-Saxon law - United States, Australia, and then gradually began to spread in Europe.

The first attempts were made use of mediation to resolve disputes in the sphere of family relations. Subsequently, the mediation has been recognized in the resolution of a wide range of disputes, ranging from family disputes to complex multilateral conflicts in the commercial and public sector.

World practice provides many examples of legislative consolidation of mediation. The corresponding acts adopted in the United States, Austria, Germany. The European Commission has approved the Code of mediator, and the European Union issued a series of guidelines governing the activities of mediators. Model Law "On International Commercial Conciliation" was developed in 2002 the United Nations Commission on International Trade Law (UNCITRAL), in a memorandum to it an overview of the legal effect and binding agreements reached during mediation, in those countries where the institution found its application.

In the article "Social modernization of Kazakhstan: Twenty Steps to a society of universal labor" President N.A. Nazarbayev instructed the government to ensure that subordinate legal aimed at the development of mediation, he also noted that it is necessary to create a structure of mediation in national and private companies.

Kazakhstan, creating the necessary infrastructure for mediation, institutionalized it in legal system, taking into account the world practice.

Law of the Republic of Kazakhstan "On Mediation" is dispositive, which suggests a broad scope of mediation.

Concept of Legal Policy of the Republic of Kazakhstan provides for the use of private dispute settlement procedures at the stage of preparing the case for trial. According to the concept, the improvement of civil procedural law should be focused on the optimization stage of preparing the case for trial in order to ensure the rapid consideration and resolution of civil cases.

Institutions of public consent, Councils of mothers and elders of the Assembly of People of Kazakhstan play an invaluable role in the settlement and the formation of tolerant interethnic relations.

 

  

  

 

  

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