JUDICIAL RECONCILIATION AS A WAY TO POPULARIZE THE JURISDICTIONAL FORM OF PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS IN MODERN RUSSIA

The research goal of this scientific research is to identify the patterns associated with the introduction of judicial reconciliation (judicial mediation) in civil proceedings in order to increase the effectiveness and attractiveness of the judicial form of protection of the rights and legitimate interests of citizens and organizations. It is proved that: 1) Judicial reconciliation should improve the efficiency of legal proceedings; 2) The economic attractiveness of the procedure; 3) Changing the basic principles of civil proceedings in connection with the consolidation of conciliation procedures; 4) it Is necessary to regulate the activities of the judicial mediator in order to achieve a successful result; 5) the Possibility of introducing digital technologies in judicial reconciliation or switching completely to online mode. It is concluded that judicial reconciliation as one of the conciliation procedures should relieve the courts and provide a more professional approach to each specific case. Foreign experience in applying such a procedure proved its effectiveness due to its economic attractiveness, and the parties could seriously save on court costs. The active position of the judicial conciliator and his interest in the positive result of this procedure is a guarantee of efficiency. It is necessary to seriously transform this procedure from a regular procedure to a digital one, by introducing advanced information and communication technologies that have long been used in other countries. It is proved that the introduction of conciliatory procedures in legal proceedings radically changes the principles of justice, there is a transition from transparency to confidentiality, competitiveness to cooperation, as well as the goals and objectives pursued in the process of dispute settlement. © 2022 by Information Age Publishing. All rights reserved.

Authors
Publisher
Information Age Publishing
Language
English
Pages
147-156
Status
Published
Volume
2022
Year
2022
Organizations
  • 1 Peoples’ Friendship University of Russia, Russian Federation
Keywords
Civil Proceedings; Confidentiality; Cooperation; Digital Technologies; Judicial Conciliation; Judicial Conciliator; Judicial Mediation; Settlement Agreement; Voluntary Nature
Date of creation
06.07.2022
Date of change
06.07.2022
Short link
https://repository.rudn.ru/en/records/article/record/84272/
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