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Conciliation Procedures in Economic Disputes in Russia

ФИО студента: Ekaterina Ivashko

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2019

The graduate paper is aimed at investigating of the current status of conciliation procedures in economic disputes in Russia. The main objectives of the paper are: (a) investigating the historical aspect of legal regulation of conciliation procedures; (b) analyzing of regulation of conciliation procedures in foreign law; (c) working out the meaning of the term “conciliation procedures”, defining its features and analyzing its types, determine the difference between concepts “conciliation procedures” and “alternative dispute resolution”; (d) analyzing the legislative proposals in this sphere and suggesting the possible ways and recommendations about changes in legal regulation of conciliation procedures. Based on this research the following conclusions were made: the main problems of using conciliation procedures can be explained by incomplete legal basis, low level of legal culture in the society and formal approach to the use of these procedures. Analysis of new legislative proposal in the sphere of conciliation procedures shows both positive (structuring of legal norms in this sphere, legal confirmation of new conciliation procedures extension of its using) and negative (undetailed regulation of new conciliation procedures, absence of financial and economic justification of the proposal) elements of this proposal. As a result, it can be expected that the new legislative proposal will not be effective enough in its current form and needs further improvement.

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