Problems of Administration of Disputes Arising in Connection with the Public Service: Jurisdiction and the Possibility of Mediation
Problems of Administration of Disputes Arising in Connection with the Public Service: Jurisdiction and the Possibility of Mediation

Author(s): Mariia Karmalita, Maryna Pyzhova
Subject(s): Law on Economics, Socio-Economic Research, Sociology of Law, Administrative Law, Labour and Social Security Law
Published by: ADJURIS – International Academic Publisher
Keywords: labor relations; administrative proceedings; public service; mediation of labor disputes;
Summary/Abstract: The purpose of the publication is to clarify the legal grounds for delimiting the jurisdiction over disputes arising in connection with public service and the legal grounds for applying the institution of mediation in the field of labor relations. The article examines the legal basis for determining the jurisdiction of labor disputes in Ukraine based on their subject matter and peculiarities of the subject composition of the dispute, as well as the prospects for using mediation, especially in the context of the challenges posed by COVID-19 and martial law in Ukraine. It is stated that 1) labor disputes arising in connection with public service may be considered within the framework of administrative proceedings; 2) globalization of the economy, in particular, the integration of the Ukrainian economy, requires the introduction of new effective institutions regulating market relations, and thanks to mediation, the institution of labor disputes has been able to develop in a new vector. The author analyzes the correlation between the concepts of "civil service" and "public service" and offers recommendations for their differentiation. The author formulates the concept of "dispute in the field of labor relations and public service". The legal grounds for the use of mediation in the field of labor relations and public service are substantiated. The methodological basis of the research is such methods of scientific knowledge as: dialectical, comparative legal, dogmatic, logical methods of scientific knowledge.

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