PROCEDURAL ASPECTS OF SETTLEMENT OF DISPUTES WITH THE PARTICIPATION OF A JUDGE

Abstract

The article is devoted to the study of such an important conciliatory institution as the settlement of a dispute involving a judge in civil, administrative and commercial proceedings. This institute was introduced in 2017, so it needs research to improve the effectiveness of procedural aspects of the application and implementation of conciliation in litigation in disputes in civil, administrative and commercial litigation. The article analyzes the norms of civil, administrative and commercial procedural legislation, identifies and describes the grounds, procedure and characteristics of the institution of dispute resolution with the participation of a judge in each of the types of proceedings. The common features and peculiarities of the implementation of this procedure in some types of litigation have been clarified. Common features include the fact that the dispute settlement procedure is possible only in litigation, which is carried out in civil, commercial or administrative proceedings; voluntary expression of will of the parties; the presiding judge acts as a mediator; confidentiality of the procedure; is conducted before the beginning of consideration of the case on the merits within a reasonable time; the procedure for settling a dispute with the participation of a judge ends in the presence of circumstances provided by the rules of procedural law. The article proposes to introduce this procedure during the review of the case in higher instances. It is also proposed to increase the term of dispute settlement with the participation of a judge for the possibility of conciliation proceedings and to allow the judge to extend the term of conciliation proceedings in case of a positive outcome of joint and closed meetings. Another important aspect to consider when improving the procedure is that in order to conduct a conciliation procedure, judges must have not only knowledge in the field of jurisprudence, but also knowledge in the field of practical psychology. Therefore, it was proposed to introduce basic training of judges for the dispute settlement procedure with the participation of a judge.