ПРИМИРИТЕЛЬНЫЕ ПРОЦЕДУРЫ С ИСПОЛЬЗОВАНИЕМ СПЕЦИАЛЬНЫХ ЗНАНИЙ: ПРИМЕНИМ ЛИ В РОССИИ ОПЫТ АМЕРИКАНСКОЙ, ФРАНЦУЗСКОЙ ИЛИ ИТАЛЬЯНСКОЙ МОДЕЛИ?

Abstract

Judicial systems of various jurisdictions, faced with the problem of overloaded courts, including through disputes based on circumstances, the establishment of which or the search for a causal relationship between which requires the use of knowledge (special) unknown to judges, they are more or less successfully solve it through the development of conciliation procedures with the participation of knowledgeable persons. The current Russian procedural legislation does not provide for such conciliation procedures. In this respect, the experience developed in France, Italy and the USA is of interest. The reform of conciliation procedures initiated by the Plenum of the Supreme Court of the Russian Federation served as normative consolidation by the Federal Law of 26 July 2019 No. 197-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” in the reborn form of the procedure of judicial conciliation known to the domestic civil procedural legislation of the Russian Empire, the regulations for which were approved by the Plenum of the Supreme Court of the Russian Federation on 31 October 2019. Is there a need to introduce conciliation procedures using special knowledge into Russian civil procedural legislation? Is it possible to use the American, Italian or French model? This article attempts to answer these two questions.