Медіація у спорах про державну підтримку аграріїв: оцінка правових можливостей

The article examines the scientific and practical problems of using mediation to resolve disputes in the sphere of providing state support to agriculture. The sub-branch of agricultural protection legislation is one of the most problematic in modern agrarian legislation of Ukraine. In particular, relations of support of agricultural commodity producers give rise to a significant number of disputes and conflicts. This is explained by several factors: a) a significant number of involved entities with different legal statuses; b) a wide range of agricultural protection legal mechanisms, which have different legal nature; c) a high degree of interest of subjects in receiving state support; d) the imperfection of legislative provisions, which creates fertile ground for controversial situations. Despite the fact that state support covers assistance measures, it should be emphasized that the conflict of these relations is quite high due to the competitive principles of provision, limited budgetary or other funding, short-term programs, etc. In this regard, the number of disputes in the field of agro-protection remains stable at a high level, requiring additional scientific and practical investigations in the direction of the formation of alternative ways of solving Taking into account the widespread tendency to in-depth study of mediation as the most well-known way to settle a dispute out of court, the question of the possibility and legality of applying this procedure to agro-protection disputes naturally arises. Based on the conducted research, some conclusions can be drawn. Disputes arising in the field of providing state support to agriculture, depending on the subjects and the legal nature of the relationship, are divided into three categories characterized by different degrees of the possibility of using mediation: a) institutional and functional category of disputes – disputes between subjects of power (non-mediable); b) power-administrative category of disputes – disputes between subjects of power (or special persons of public law) and private persons – recipients of support (limitedly mediatable); c) partner category of disputes – disputes that arise on the basis of contractual forms of providing state support (conditionally mediated).