Senator Kanatbek Safinov discussed the prospects of development of institutions of out-of-court and pre-court dispute settlement with representatives of the professional community of mediators, which unites more than 1,000 members.
The key leitmotif of the online meeting was to define further prospects for the provision of legislative support for mediators. The senator underlined that the task to develop alternative ways of dispute settlement was set by President Kassym-Jomart Tokayev in his Address to the People of Kazakhstan in September of last year.
The new Administrative Procedure Code to be enacted from July 1, 2021, is also aimed at improving the situation in this area. Kanatbek Safinov noted that, given the specifics of disputes arising from administrative and other public-law relations, the issue of including a separate chapter to the Law “On Mediation”, which relates to the mediation in public-law relations, is now being considered.
“Since disputes arising from public-law relations require special control over the legitimacy of the actions of an administrative body, as one of the parties to an administrative dispute, it is proposed to envisage that mediation in such disputes can only be conducted by a judge,” Kanatbek Safinov said.
Moreover, at the meeting, there was also the question of the need to develop the Rules of obtaining state-guaranteed assistance for vulnerable populations in the mediation procedure.
The senator gave assurances that all the suggestions received would be taken into account in the legislative work.
(Press Office of the Senate, 74-72-27)