The procedural form of judicial conciliation procedure: Concept, legal nature, principles

Abstract

The article is devoted to the study of the legal nature of judicial conciliation procedures in the civil process. On the basis of a theoretical analysis of the approaches to the concept of “procedural form of protection” existing in the procedural doctrine, the essence of judicial conciliation procedure as a part of civil and arbitration proceedings is revealed. The difference between judicial conciliation and extrajudicial conciliation procedures is shown. The ontological connection of the fundamental principles of civil procedural form and judicial conciliation procedures is proved. Guided by the achievements of the science of civil and arbitration procedural law and the materials of the practice of arbitration courts, the authors establish the degree and limits of the impact of the imperative and dispositive principles of state proceedings on the order of organization, conduct and results of judicial conciliation procedures. It is concluded that the excessive penetration of freedom into the sphere of judicial reconciliation contradicts the essence of the civil process as a form of administration of justice and can lead to abuse both by the participants in the trial and by the court. It is proposed to consolidate at the legislative level the imperative procedure for organizing and conducting judicial conciliation, its stages and stages, requirements for the candidacy of a judge-conciliator, his rights and obligations, as well as responsibility for the results of judicial reconciliation. The results of judicial reconciliation, their legal consequences are analyzed. The features of judicial conciliation in proceedings on cases arising from administrative and other public legal relations, which are also proposed to be regulated, are revealed. It is proposed to comprehensively fix the grounds, conditions and legal consequences of the judicial conciliation procedure in the field of resolving public legal conflicts.