Prospects for Resolving Disputes in the Sphere of Public Property Trading by Means of Mediation

Aim. To analyze prospects for resolving disputes in the sphere of public property trading by means of mediation. Methodology. The formal legal method was used to analyze the current legislation related to the settlement of disputes in the sphere of public property trading and the mediation procedure. The judicial practice was studied to compare approaches to the use of mediation in disputes in the private and public law spheres, and a theoretical analysis was conducted on the problems of determining the public interest and the application of conciliation procedures. Results. It was established that disputes in the sphere of public property trading have a complex privatepublic nature, which gives rise to a conflict between the principles of mediation and the requirements for the protection of public interests. In addition, it was established that the current legislation on mediation (Pt. 5 of Article 1 of Federal Law № 193) creates legal uncertainty regarding the admissibility of mediation in public law disputes, since they affect the public interest by their legal nature. The need for legislative changes providing for mediation in such disputes only after the dispute is referred to the court for consideration, mandatory approval by the court of the agreement reached as a settlement and a requirement for the professional specialization of mediators is also substantiated. Research implications. The theoretical and practical significance lies in the development of specific proposals for improving legislation aimed at reducing corruption risks and ensuring the legality of the disposal of public property. The proposed model for applying the mediation procedure in the field of public property auctions allows us to use the advantages of mediation (reducing the burden on the courts, finding mutually beneficial solutions) while simultaneously ensuring the protection of public interests. The results of the study can be used in law enforcement and reforming the legislation on mediation.