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Out-of-court and Court Reconciliation

ФИО студента: Vyacheslav Sarychev

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

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

Год защиты: 2021

When performing work on reconciliation out of court and in court, certain goals and objectives were set. The purpose of this dissertation research was to study and create theoretical and practical recommendations, the application of which will contribute to the improvement of legal regulation in the field of application of conciliation procedures. The objectives of the study are determined by its purpose, and are as follows: - consideration of the concept of "reconciliation" in the current state in domestic law and legal proceedings; - study of the functions of reconciliation; - research of types and types of reconciliation - mediation and amicable agreement; - study of the specifics of the out-of-court reconciliation procedure; - study of the specifics of the conciliation procedure in the domestic civil proceedings; - relevance of application in Russian arbitration proceedings; Methodologically, this work is an empirical desk study based on the analysis of domestic legal scientific literature on reconciliation as an institution of law, analysis of acts of the Supreme Court of the Russian Federation, Arbitration courts, as well as on the basis of the study of judicial practice and the results of out-of-court reconciliation of the conflicting parties. The results and essence of this dissertation work were: - deep study of the process of reconciliation as a legal institution; - development of a theoretical definition of reconciliation with the aim of introducing this definition into legal practice and lawmaking; - development of practical recommendations to the legislator on the wider application of the conciliation process in judicial and extrajudicial legal practice; - a deep study of the mediation process as a legal institution and the development of practical recommendations to the legislator on the broader application of the mediation process in judicial and extrajudicial legal practice; - development of general recommendations for improving the selection of executors appointed to handle cases on judicial conciliation.

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