Possible ways to improve the institution of conciliation procedures in civil proceedings

Abstract

The subject of the research in this article is the norms of procedural law that characterize such a special segment of relations within the framework of domestic civil proceedings as the institution of conciliation procedures. The author in the article analyzes the legislative provisions that formulate the construction of the concept of conciliation procedures, speaking about its legislative "defects". The problem is also aggravated by the lack of unity of views on its explanation in the scientific community, which necessitates a separate study focusing exclusively on the definitive apparatus. The problematic field of Russian legislation is also the diversity of types of conciliation procedures, as well as the specifics of their implementation in the activities of subjects of disputed legal relations in the context of the legal conflict that has arisen, to which the author pays special attention in view of their multifaceted significance and role in judicial practical application, defining such basic legal parameters as "alternative dispute resolution", mediation, settlement agreement, judicial reconciliation, etc. To conduct the research, the author used a methodology that includes an analytical review of the normative legal and scientific literature on the subject of research, synthesis and generalization of the collected data, the formation of optimal parameters for the application of the model of conciliation procedures in civil and arbitration proceedings. The result of the work done was the original author's proposals and recommendations of the legislative "revision" of procedural legislation, forming innovations in law. In particular, in the form of draft articles, an updated definition of conciliation procedures is proposed, their characteristic features are highlighted, their functional significance is determined, their specific types are isolated. The author's vision of the updated Strategy of applying the institute of conciliation procedures in the realities of Russian legal relations is formulated. In their entirety, the components of the novelty of the article.