MEDIATION IN THE SETTLEMENT OF CIVIL LAW CONFLICTS AS A MEANS OF PROTECTING STATE INTERESTS (IN THE ACTIVITIES OF MEDIATORS AND NOTARIES)

The author examines mediation in the settlement of civil law conflicts as a mechanism for protecting state interests. The traditional approach, according to which the settlement of a dispute arising from civil law relations is considered as a means of protecting the interests of citizens and organizations, is criticized due to the fact that public law entities are subjects of civil law, and therefore civil law disputes involving them can also be settled. In addition, the opinion is substantiated that in the out-of-court settlement of disputes of a private law nature with the participation of citizens and organizations, a legal mechanism is necessary to ensure the protection of public (state) interests. Since the out-of-court settlement takes place without the participation of the state in the person of authorized bodies, it is advisable to provide the notary with an intermediary function in order to ensure legality. The activity of mediators (intermediaries) should be strengthened by giving mediation agreements public-legal properties.