Conciliation Procedures in the Civil Process: Legislative Innovations and Prospects for Further Development
https://doi.org/10.17803/1729-5920.2024.210.5.009-021
Abstract
The paper analyzes the provisions governing conciliation procedures consolidated in the Russian procedural legislation in 2019. The author elucidates the legal nature of alternative dispute resolution in general and conciliation procedures in particular, explains their informal nature and inexpediency of giving them the same strict legal form as procedural actions. The legislative consolidation of conciliation procedures is primarily associated with the need to inform citizens about the possibility of their use and registration of their result. Based on the study of judicial data, the author concludes that, despite a number of positive legislative innovations, the use of conciliation procedures has not fundamentally changed. With this in mind, the author highlights cultural, organizational and economic obstacles that prevent a wider application of conciliation procedures. Based on the results of their analysis, the author proposes three main directions for further legislative developments. The paper pays special attention to the judicial conciliation procedure that appeared in 2019, which has great potential, but requires the creation of appropriate conditions for its application.
About the Author
V. V. Momotov
The Supreme Court of the Russian Federation
Russian Federation
Russian Federation
Viktor V. Momotov, Dr. Sci. (Law), Professor; Secretary of the Plenum, Chairman of the Council of Judges, Judge
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Review
For citations:
Momotov V.V. Conciliation Procedures in the Civil Process: Legislative Innovations and Prospects for Further Development. Lex Russica. 2024;77(5):9-21. (In Russ.) https://doi.org/10.17803/1729-5920.2024.210.5.009-021
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