РОЗВИТОК СИСТЕМ МЕДІАЦІЇ ТА КОМПЛАЄНСА НА УКРАЇНСЬКИХ ПІДПРИЄМСТВАХ

The article reveals the essence of the terms “compliance” and “mediation” at
enterprise, defines the elements of the compliance system, substantiates the need
to develop and implement compliance policy in Ukrainian enterprises.
In business, disputes are partly caused by different demands and rights, and
sometimes by the usual reluctance to give in instead of being guided by interests.
Awareness of this encourages managers and consultants to increasingly resort
to out-of-court dispute resolution methods, including compliance and mediation
procedures. Lack or inefficient organization of the compliance process can lead to
the owner losing control over the business, as well as reduce the effectiveness of
the company’s entire business. Theoretical principles of business compliance are
studied, the improvement of the business process management system of the
enterprise is offered. There is no compliance control and management procedure
in Ukraine. This means that Ukrainian regulations do not provide for the mandatory
introduction of compliance services, and risk management is applied on a voluntary
basis.
The application of the mediation and compliance system in Ukraine as an
effective institution for resolving disputes has not yet been developed. Therefore,
the formation and development of mediation and compliance procedures in the
economic practice of Ukrainian enterprises will increase efficiency by: reducing
the financial and time costs of the parties and the state; rational use of the existing
institutional and organizational mechanism to improve the legal culture of
employees of the enterprise; improvement of legal and economic mechanisms to
ensure the person’s right to protection; ensuring the principle of the rule of law
and harmonization of social relations. Mediation and compliance increase the
impact on the culture of legal and economic relations, litigation, emphasizing
everyone’s own responsibility for decisions, as opposed to delegating
responsibility to third person.