СУДЕБНОЕ ПРИМИРЕНИЕ И СУДЕБНЫЙ ПРИМИРИТЕЛЬ

Abstract

The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme Court of the Russian Federation, the Concept of a unified civil procedure code. The authors pay attention to the experience of foreign states in the formation of the institution of judicial conciliation procedures. The notion of judicial conciliation is considered in detail, as well as individual consequences of the consolidation of provisions on judicial conciliation in legislation. Authors conducted an independent analysis in order to compare and distinguish between judicial conciliation and mediation. For this, the authors have formulated the necessary criteria. The consequences of the appeal of the parties to the dispute to judicial conciliation are revealed. The specifics of regulating relations in organizing and conducting judicial conciliation, as well as the results of an appeal to judicial conciliation, have been established. Most of the article is devoted to the status of the judicial conciliator. The requirements for it are considered. The features of the position of the judicial conciliator in the organization and conduct of judicial reconciliation are revealed. Attention is paid by the authors to the formation of lists of judicial conciliators. The features of financing the activities of judicial conciliators are noted.