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Conciliation Procedures in Civil Proceedings

Student: Zakhar Mityanov

Supervisor: Ekaterina Evgenievna Yagunova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

After the reform of procedural legislation in 2019, attention to alternative ways of resolving disputes on the part of the legislator, the judiciary and doctrine became obvious. The list of conciliatory procedures available for use has expanded, the procedure for their implementation has been regulated in more detail. Gradually, the practice of applying new types of conciliation procedures begins to take shape in civil proceedings. Meanwhile, the demand for conciliation procedures among the parties to the dispute is quite low due to the population's distrust of mediators, the high level of conflict in Russian society and other problems of a social, psychological and legal nature. Negative tendencies in the practice of reconciliation impede the development of its institutions; in addition, the courts are faced with an increasing burden. All this negatively affects the improvement of civil proceedings and, on the whole, hinders the systematic development of the judicial system of the Russian Federation. The work is devoted to the study of the essence of conciliation procedures in the civil proceedings, the study of the problems of their legislative regulation and application in practice, as well as the proposal of solutions to these problems. Legislation, judicial practice and doctrinal positions on each of the types of conciliation procedures in civil proceedings are comprehensively analyzed. The problems, trends and prospects for the development of the studied institute in Russia are determined. The article considers the definitions of the concept of "conciliation procedures", their essential characteristics, principles and mechanism of action in resolving civil disputes. The main features of each of the types of conciliation procedures are determined, and their classification is given. The foreign experience of using conciliation procedures in the resolution of civil disputes is analyzed. Problems of a socio-psychological nature associated with the use of conciliation procedures in civil proceedings are investigated. It is concluded that it is necessary to improve legislation and law enforcement practice in the field of conciliation, as well as the advisability of expanding the practice of using conciliation procedures in the context of optimization and development of civil proceedings. Key words: conciliation procedures, negotiations, intermediation, mediation, judicial conciliation, Alternative Dispute Resolution.

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