Civil Disputes Research Articles

…И ПРАВОСУДИЕ ДЛЯ ВСЕХ

The article discusses some problems that have arisen in the field of civil and arbitration proceedings generated by the threat of the spread of coronavirus infection in the territory of the Russian Federation in late March – early May 2020. Subjects of civil procedural and arbitration procedural relations were faced with insurmountable circumstances restricting the right to access to justice. The situation is considered from the point of view of the principle of judicial proceedings within a reasonable time, the principle of procedural economy, legality. The category «cases of urgent nature» is analyzed, the correctness of its use in judicial practice is questioned. The question is raised about the independence of judges and their subordination only to the Constitution of the Russian Federation and federal law as a guarantee of the right to an independent and fair trial. The threat of the spread of coronavirus infection on the territory of the Russian Federation entailed a violation of the rights and legitimate interests of persons participating in cases in civil and arbitration proceedings. It was revealed that civil disputes (in the broad sense of the word) at the end of March – beginning of May 2020 were left without proper attention from the courts; the courts were unable to promptly respond to the current situation, effectively carry out their functions, and provide large-scale remote access to justice.

QUALITY OF MODERN LEGISLATION OF UKRAINE, THAT REGULATES PRIVATE RELATIONSHIPS

Legislation of Ukraine, that regulates private relations, has Romanic basis. Historically, the civil law dates to 451-450 B. C. the traditional date when Rome adopted its Twelve Tables (a code of laws applicable to Romans). However, the most significant event in the development of the civil law historically, was the compilation and codification (that is, the selection, arrangement, and simplification) of all Roman law done under the direction of Byzantsne Emperor Justinian (483-483 A. D.). This code, known as the Corpus Juris Civilis, was compiled between 528 and 534 A. D. It was important, because it preserved in written from the ancient legal system. When Roman overran the Western Empire, they law was displaced to some extent was by the rules of the Germanik tribes. Besides, Germanik tribal law, recognized the principle of personal law, so the former Roman subjects and their descendants were allowed to follow the Roman law.The article analyzes questions of quality of sources of modern legislation of Ukraine. Quality of modern legislation is enacted for reasonably solve related civil disputes and safeguard the legal rights and interests of parties.Paid attention to concept of quality civil legislation and legislation that regulates private relationships with a foreign element. The decision of quality of legislation is offered. Some criteria of quality of legislation are determined. The conclusions of the article are sent to the improvement of legislation of Ukraine. Undoubtedly, the result of law-making process must be a quality legislation. Texts of legal acts must be reliable. The language of legal acts must answer principle of scientific character. Terminology must be popular.

Italy and COVID-19: Notes on the Impact of the Pandemic on the Administration of Justice

The COVID-19 pandemic has forced governments around the world to adopt special measures to limit the spread of the contagion. In the field of the administration of justice, social distancing and other health safety measures have brought about alternatives to the normal management of judicial business. This essay presents an overview of the solutions devised by the Italian authorities to handle civil disputes in the time of COVID-19.

COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts

This comment highlights the major civil or commercial (mostly contract) law provisions in 24 judicial documents newly released by the Supreme People’s Court or High People’s Courts in China in response to the outbreak of COVID-19 and assesses the significance of key changes to the pre-pandemic law. It concludes by noting the increased role of the doctrine of the change of circumstances and the ‘contract purpose’ test, the emphasis placed on consensual solutions (by way of mediation and contract renegotiation), and the flexibility and relatively clearer guidance afforded to lower courts in their adjudication of disputes arising in connection with COVID-19.

Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL)

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.

الطعن على قرار إحالة العطاءات في عقد األشغال العامة دراسة مقارنة بين التشريعات األردنية والفلسطينية

This study discusses the issue of contesting the resolution related to the assignment of bids in the public works contract in both Palestine and Jordan. The legislators in both countries have organized the legal procedures that the administrative bodies and the bidders must adhere to when contracting in the public works of government according to the bylaw resolution 8 of 2014 on Palestinian General Procurement, and the Cabinet Decision of the Palestinian Public Procurement System for 2014, as well as the instructions of the Jordanian government tenders for the year 1987. The appeal may be based on the resolution of referral through the defects of the administrative resolution, which is the defect of deviation, jurisdiction, form and procedures, or based on the resolution to refer to an incorrect reason or defect of violation of the law. The post-contract disputes are assigned to the ordinary court, The interpretation of the contract and the rights of its parties is a dispute governed by the contract, where it is considered a civil dispute. The study concluded that the resolution of assignment in the contract of public works should be subject to the full jurisdiction of the administrative judiciary, with the necessity for the Palestinian Administrative Judiciary to become Cancellation and compensation judiciary with multiple administrative courts in terms of location, Similar to the Jordanian administrative judiciary.

중국 일대일로 전략의 국제사법적 함의：한중 양국 간 민상사분쟁의 해결에 주는 시사점을 포함하여

일대일로는 법률, 경제, 문화 등 많은 영역에 침투되어 어마어마한 영향력을 과시하고 있으며 그 외연은 끝없이 넓어져 세계를 향하고 있다. 일대일로에 사법보장을 제공하기 위하여 중국은 최고인민법원 국제상사법정을 설립하여 실제로 사건을 심리하고, 통일된 외국법 조사 플랫폼을 도입하여 외국법을 조사하며, 외국재판의 승인 및 집행에 있어서의 상호주의의 인정기준을 완화하고 있다.<BR> 중국의 이와 같은 사법적 조치의 기반으로 되는 법률성 문건으로는 “‘일대일로’ 건설을 위한 사법서비스와 보장의 제공에 관한 최고인민법원의 약간의 의견”(“의견 1”), “‘일대일로’ 건설을 위한 사법서비스와 보장의 진일보 제공에 관한 최고인민법원의 의견”(“의견 2”)이 있다. 그리고 일대일로를 실행에 옮기는 과정에서 반포한 법률성 문건 중 전형적인 것으로 “최고인민법원의 국제상사법정 설립에 관한 약간의 문제에 대한 규정”(“국제상사법정규정”)을 들 수 있다. 이러한 법률성 문건들은 비록 法源으로서의 법적 성질을 따져보아야 할 필요성이 있지만 국제사법적 쟁점을 논의함에 있어서 참조가 될만한 중요한 가치를 가짐에는 의문이 없다.<BR> 이 글은 “의견 1”과 “의견 2”및 “국제상사법정규정”을 기초로 하고 최고인민법원을 비롯한 중국 각급 인민법원의 실제 사례를 참조하여 일대일로 추진에 따른 기류의 변화속에서 약간의 국제사법적 쟁점에 대한 중국의 태도와 실행을 살펴보며 한국이 이를 어떻게 정확하게 인식할 것인지에 대하여 제시하는 것을 목표로 한다. 논문의 순서는 아래와 같다. 우선 위에서 언급한 세 개의 법률성 문건들을 소개하고 그 문건들의 중국법적 성격과 법적효력을 따져본 후(Ⅱ), 국제재판관할(Ⅲ), 외국법의 조사와 적용(Ⅳ), 외국재판의 승인과 집행(Ⅴ) 등 쟁점에 대하여 중국법의 규정, 중국의 실무가 어떤 태도를 취하는지 (Ⅲ.1 Ⅳ.1 Ⅴ.1), 일대일로 하에서는 어떤 변화를 가져왔는지 (Ⅲ.2 Ⅳ.2 Ⅴ.2), 일대일로 실시 후의 전반 상황이 한국법적 시각에서의 그것과 어떤 異同이 존재하는지(Ⅲ.3 Ⅳ.3 Ⅴ.3)에 대하여 논의한 후, 전반적인 맥락에서 일대일로의 추진이 한중 양국 간 민상사분쟁의 해결에 주는 시사점(Ⅵ)을 제시한다.

Fremde gegen Bürger. Zivilgerichtspraxis am Beispiel des Duisburger Notgerichts im 16. Jahrhundert

AbstractSince the Middle Ages, hospitable courts played a central role in the complex judicial landscape of the pre-modern age for the conflict resolution of parties of different regional origins, because civil disputes could be dealt with more quickly if at least one plaintiff or defendant was a (legal) stranger. With the obvious relationship between (social) belonging and law established by these courts, questions of asymmetries in law come to the fore, which under the common keywords of inequality, integration and exclusion are a leading interest of research in the history of law, culture and crime, but which have so far hardly been dealt with in research within the framework of civil court practice. The Duisburg Hospitable Court shows that the historical civil proceedings concerning non-repaid loans, undelivered goods or disputed estates were no less important for social stability and order in the pre-modern period than criminal proceedings, even though social integration and exclusion were not the core issues of a civil lawsuit. Since the Middle Ages, hospitable courts concerned themselves with communication and trade practices and at the same time constituted an institution that offered legal security for both foreigners and locals. This was still true in the early modern period, which generally stands for a time that became increasingly hardened towards strangers and people on the move.

Encouragement of mediation in England and Wales has been futile: is there now a role for online dispute resolution in settling low-value claims?

AbstractIn England and Wales, the judiciary, Her Majesty's Courts and Tribunal Services (HMCTS) and the Ministry of Justice (MoJ) have embarked on an ambitious reform whose aims are to radically transform and restructure court services and introduce digital justice for the overall purpose of improving access to justice in relation to the resolution of disputes. The reality in the courts of England and Wales is that the current reform means automation of processes. Digital transformation offers a real chance to improve access to justice particularly for low-value claims where a simplified process is more proportionate to the value of the dispute. This paper argues therefore that, for everyday low-value civil disputes, alternative dispute resolution (ADR) processes should be at the core of any design. In addition, fashioning new means to deliver access to justice should not just be about increasing government efficiency, but also about using technology to design and create innovative, new, agile and ‘user-centric’ pathways.

Procedures for Completing Small Claims Lawsuit of Civil Cases in District Court in Indonesia

The development of legal relations in the economic and other civil sectors in community highly requires a faster and less costly dispute resolution process, especially in small civil disputes. In connection with this matter, Indonesian Supreme Court issued various Supreme Court regulations, including Regulation No. 2 of 2015 concerning Procedures for Completion of Small Claims. The issuance of this regulation was to resolve special civil disputes regarding the acts against the law. In a small claim court lawsuit, it is required that the plaintiff and defendant be in the same jurisdiction. The value of the material suit in a small claim lawsuit is at most IDR 200 million or equal to 13,811 USD. Furthermore, for a small claim examination and verification of a lawsuit, it is carried out in a small manner, where the period of completion is determined a maximum of 25 days from the first trial day to the decision.&#x0D;

The Main Tasks of Forensic Research Conducted in Trials on Land Disputes

The article provides a list and details the content of tasks solved within the forensic land survey and construction examinations assigned during trials on land disputes. Said tasks are classified by the type of conducted research. The work of a forensic expert in a case begins with the establishment of presence (absence) of the object of examination (the existential task). At first, the presence of title, legal, and other documents for the disputed land and buildings (structures) located on it is established. In the absence of certain documents necessary for the study, the expert takes measures to replace them. When conducting field studies, the expert establishes the existence of civil dispute’s objects on the ground. After that, the expert solves the identification task – establishes the identity of these objects with their documentary display. It also should be identified to which specific class, kind, type the object belongs (addressing classification task) – it allows verifying the category of land and the type of permitted use of the disputed land; recognizing the kind, type, and functional purpose of the construction objects located on it. The solution of the attributive task aims at identifying the properties of the objects under examination, which relate to its subject, the content of questions raised by the court before the expert. The solution of the situational task helps to establish the relative position of objects. The expert determines whether there is an intersection of the borders of adjacent plots, sets the distance from construction sites to the boundaries of the land. Particular attention is paid to structures that are sources of negative impact on the neighboring property. The position of the property regarding the zones with special conditions of the use is also to be determined. The purpose of addressing the diagnostic task is to ascertain the condition of the land in terms of possibility to use it for its intended purpose taking into account the type of permitted use and to determine the technical condition of construction objects located on the land plot. The cost task solution aims at determining the market, and other value of the land, the number of costs required to restore the land after being exposed to destructive natural and technogenic factors. The main direction of research when solving the transformative task is to ascertain the possibility and develop options for a real division of the land plot and the construction sites located on it between their owners following the conditions set by the court.

The Implementation of Ultra Petita Decisionsin Civil Dispute

The implementation of ultra petita in the decision of civil disputes becomes a very interesting study to be discussed, many parties who agree to the application of ultra petita on the pretext as a path to substantive justice, but those who think the application of ultra petita is considered contrary to the principle of legal certainty. The research method used was normative juridical research that is research conducted by examining library materials which include primary legal materials sourced from various laws and regulations and secondary legal materials in the form of explanations used to analyze primary legal materials in the form of expert views, academics, searching documents, books and scientific papers. Then, the legal material was identified and analyzed to achieve the objectives of this research. The results showed that the application of the ultra petita ruling in civil disputes was not in accordance with the principle of rule of law which could result in the ruling being legally flawed or invalid. To minimize the application of decisions that contain ultra petita, in civil disputes can adopt the procedural law in force in the State Administrative Court related to the preparatory inspection stage, it was the existence of the judge's authority to advise the Plaintiff to improve if the lawsuit is unclear/complete by giving a grace period that is proper before examining the subject matter of the dispute begins.

MEDIATING CIVIL DISPUTES THROUGH LOCAL WISDOM

The purpose of the research is intended to bring people to prosperity, happiness, and harmony so that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes. The approach used in this paper is a normative juridical approach. The findings in this study include that the law is for humans, not humans for the law, whose purpose is to bring people to prosperity, happiness, and harmony. So that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes with due regard to referring to the win-win solution principle, what is meant by the disputing parties feel that no one is defeated, Achieve the inner glory and inner peace of the parties, Reinforcement of family values and sense of belonging to the disputing parties.

Decentralized governments: local empowerment and sustainable development challenges in Africa

This study examines the extent to which decentralization is being utilized as a vehicle for sustainable economic development outcomes at all levels of governance in Africa. Research shows that decentralization is missing the triple-bottom line of sustainability: economic, social and environmental prosperity that meets current needs and does not take away from future generations in regions settled by indigenous communities. In this study, selected peer-reviewed literature and reports from conservation organizations on decentralization are analyzed. This research explores ways decentralization can be integrated with sustainability to minimize the short-term and long-run consequences of human actions on the environment at local levels. Factors enabling local sustainability—the legal structures, mediating factors and the decision-making sphere—are used to identify sustainability processes and activities in the governance and decentralization outcomes. This study is guided by the argument made by the United Nations in Agenda 21 and the 2030 Agenda that local governments are best placed to implement sustainability through the development of programs that educate and engage with local communities. Under these circumstances, the best avenue to advance sustainable development initiatives is through the framework of decentralization in order to produce durable economic outcomes, minimize civil disputes and improve the living standards of local communities. The results demonstrate that there are no concrete national initiatives that have been developed to date to promote sustainability within the decentralization framework.

ОСНОВНІ НЕТИПОВІ ФОРМИ ПОСЯГАНЬ НА ОБ’ЄКТИ ПРАВА ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ ЗА ЗАКОНОДАВСТВОМ ЗАРУБІЖНИХ КРАЇН

У статті проведено аналіз кримінально-правових положень зарубіжних країн, які відображають основні нетипові форми посягань на об’єкти права інтелектуальної власності. Автором визначено, що основні нетипові форми посягань на об’єкти права інтелектуальної власності визначені у кримінально-правових нормах, які передбачають відповідальність за: 1) діяння, пов’язані із підробленням і незаконним отриманням прав на об’єкт права інтелектуальної власності; 2) діяння, пов’язані із незаконним володінням об’єктом та ненаданням інформації щодо незаконно створеного об’єкта; 3) діяння, пов’язані із введенням в оману споживача щодо об’єкта права інтелектуальної власності; 4) діяння, пов’язані із незаконним наданням і отриманням доступу до об’єкта права інтелектуальної власності; 5) посягання на об’єкти права інтелектуальної власності, що розцінюються як крадіжки об’єктів права власності; 6) діяння, що посягають на об’єкти, які не підлягають правовій охороні у більшості країн світу; 7) діяння, пов’язані із перешкоджанням реалізації законних прав суб’єкта права інтелектуальної власності; 8) діяння, що полягають у обмеженні прав суб’єкта права інтелектуальної власності на отримання винагороди; 9) діяння, які полягають у спричиненні фізичних змін об’єктам права інтелектуальної власності (знищення, руйнування, пошкодження, понівечення). З’ясовано, що інтелектуальна, або нематеріальна, власність розглядається законодавцем Сполученого Королівства Великої Британії на Північної Ірландії як різновид права власності. Саме нематеріальна власність включає в себе патенти та авторські права. З огляду на це особа, яка здійснила присвоєння законного права іншої особи, підлягає кримінальній відповідальності за крадіжку права інтелектуальної власності. Водночас особа, яка порушує авторські права, не вчиняє крадіжки. Це пояснюється тим, що така особа не присвоює собі авторського права. Вона порушує авторське право. Отже, така особа зобов’язана відшкодувати усі збитки у межах цивільно-правового спору, але не може підлягати відповідальності за крадіжку.

Institutionalization of Justice in the Provisions of Russskaya Pravda (Russian Justice)

The phenomenon of Russskaya Pravda (Russian Justice) has been the subject of numerous studies. However, until now there has not been any exhaustively complete description of the judicial system of Ancient Russia due to scarcity of authentic sources.An analysis of the provisions of the most well-known copies of Russkaya Pravda (Russian Justice) and available research have resulted in making a number of statements.The system of justice in Ancient Russia was multisystematic in character and consisted of 4 relatively independent systems: communal, patrimonial, ecclesiastical and princely. The system under consideration had developed as a result of preservation of tribal elements and social stratification, active political genesis and Christianization. The organization of government, including the judicial system, was based on the principle of suzerainty-vassalage, i.e. the persons involved in the administration of justice were servants of the Prince who delegated judicial power to them. The competence of judicial officials was diversified according to the subject matter, territorial and personal criteria. In the system of powers of judicial officials, the powers to charge fees and fines and to impose penalties were the most important. Under Russkaya Pravda (Russian Justice) the system of judicial officials represents a kind of matrix underlying the subsequent institutionalization of judicial bodies.The complex of powers of officials dealing with pre-trial preparation of cases and enforcement of judgments proves that, despite the unity of the procedure for resolving all types of “grievances,” the law-maker distinguished civil and criminal disputes.

PROBLEMS OF PROVING MORAL DAMAGE UNDER THE LEGISLATION OF UKRAINE

The legislation of Ukraine enshrines norms that give individuals the right to compensation for moral damage, which in the modern concept is an integral part of the protection of human rights and freedoms. Non-pecuniary damage the suffering caused to a person as a result of wrongful acts against him, must be compensated in any case, because without this part of the restoration of violated rights it is impossible to fully implement the principle of justice, because then remains uncompensated much of the negativity. Compensation for moral damage remains in many cases unattainable, because first of all moral damage, mental suffering, may be reflected to some extent in the conclusions of examinations, but they will never be able to fully reflect in them, because human feelings are too subjective. Proving the fact of non-pecuniary damage and the existence of a causal link is very specific, so the plaintiff is not easy to form the necessary evidence to confirm the existence of non-pecuniary damage and confirm the causal link between the actions (inaction) of the defendant and negative consequences for the plaintiff moral damage. Each case requires an objective assessment by the court of all the circumstances, as judicial review is one of the essential guarantees of protection of the constitutional rights of citizens, especially in cases where the facts of the case indicate the existence of a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is emphasized that each case requires an objective assessment by the court of all circumstances, as judicial control is one of the essential guarantees of protection of constitutional rights of citizens, especially in cases where the facts of the case indicate a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is concluded that in order to obtain compensation for non-pecuniary damage, it is necessary to use all available procedural possibilities, try to most fully and accurately reflect the causal link between the violation of individual rights and moral suffering. There should be no doubt about the amount of non-pecuniary damage, and this should be confirmed by admissible means of proof.

A Decade of Development: The Civil and Commercial Court of the Qatar Financial Centre

Abstract The Qatar International Court is a new breed of judicial tribunal inspired by the English Commercial Court based in London. It provides a dispute resolution forum specifically tailored to civil, commercial and administrative disputes arising within the framework of Qatar Financial Centre. Over the past decade, the Court has grown in prominence both locally and globally. It is one of a number of similar judicial bodies that have recently been established in jurisdictions from Singapore to Kazakhstan. This article examines the experience of the Qatar International Court and is offered as a contribution to the broader literature and comparative research being conducted on the growth of these new international commercial tribunals.

Research on the Optimization Measures of China&amp;apos;s Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background

Under the background of the rapid development of information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the Internet era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of Internet era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.

ПРИМИРНІ ПРОЦЕДУРИ В ЦИВІЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ

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.