Institution of Conciliation Procedures in the Russian Federation: Problems of Doctrine and Law Enforcement

Authors

  • Yury Alexandrovich Svirin
  • Liudmila Valentinovna Inogamova-Khegai
  • Vladislav Petrovich Sorokin
  • Marina Andreevna Simanova
  • Catherina Aleksandrovna Kukhturskaya

DOI:

https://doi.org/10.47059/revistageintec.v11i4.2149

Abstract

The judicial system is experiencing an increase in the workload in almost all countries due to the increase in the number of cases being considered, which certainly affects the quality of the administration of justice. In 2019, about 19 million cases in Russia were considered in the courts, with a population of about 140 million. In such circumstances, increasing the staff of the judicial staff is costly for the budget and senseless, which means that it is necessary to implement various conciliation procedures in the Russian legal system. Russia adopted a law in 2019 that establishes the institution of pre-trial and judicial reconciliation, but its effectiveness is almost zero. The authors analyze the epistemological essence of conciliation procedures and their applied significance at the doctrinal level in this article. Methods: the disclosure of the topic was carried out from the standpoint of general scientific methods (sociological, systemic, structural-functional, historical), the method of theoretical analysis, private scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The purpose of the study: To determine the essence of such categories as conciliation procedures; alternative dispute settlement procedures; pre-trial, out-of-court, and judicial dispute settlement procedures; to identify the relationship between conciliation procedures and civil proceedings; to determine the reasons for the low effectiveness of the use of conciliation procedures in Russia. Results: the gnoseological essence of conciliation procedures was revealed; their relationship with alternative dispute settlement procedures, the relationship between conciliation procedures and the civil procedure was shown, the reasons for the low efficiency of the application of conciliation procedures in Russia were revealed.

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Published

2021-07-11

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Articles