ПРИМИРНІ ПРОЦЕДУРИ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ

Abstract

The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.