JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN

Authors

  • Elvira Bekbolatovna Ablaeva Eurasian Technological University
  • Anel Rakhmetzhanovna Ensebayeva Republican Research Institute of Labor Protection of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan
  • Samal Malikovna Mukhtarova K. Zhubanov Aktobe Regional University
  • Saltanat Bakytzhanovna Sautbayeva K. Zhubanov Aktobe Regional University
  • Mukhtarhan Aidarkhanovich Utanov Supreme Court of the Republic of Kazakhstan

DOI:

https://doi.org/10.52026/2788-5291_2023_75_4_102

Keywords:

judicial mediation, judicial reconciliation, judge-mediator, judicial-conciliator, reconciliation of the parties, conciliation procedures, settlement agreement, dispute settlement, pilot projects

Abstract

The paper describes the main stages of the emergence, formation and development of judicial mediation in Kazakhstan civil proceedings.

The legislation on judicial mediation and the practice of judicial mediation have been studied.

The achievements of the judiciary in the settlement of disputes arising from various spheres of legal relations through conciliation procedures, including judicial and classical mediation, are noted.

The socio-legal significance of conciliation procedures, which include elements forming the institution of restorative justice, is determined.

The study of the conciliation procedure of judicial mediation allowed the authors to establish that today the assistance of courts, conciliation judges, retired judges to the peaceful settlement of disputes is an effective measure to reduce the level of conflict among the population and unloading of courts. Meanwhile, as judicial practice shows, the assistance of courts to the peaceful settlement of a dispute has a positive effect on increasing the level of legal culture of the population and its confidence in the judiciary.

The authors show the consistency of judges, conciliatory judges, retired judges in the peaceful settlement of a dispute, the relevance of the conciliation procedure of judicial mediation in society. 

In the course of the research, normative legal acts regulating the procedure for the peaceful settlement of disputes, conceptual and strategic documents on the development and improvement of the national judicial system, pilot projects of the Supreme Court of the Republic of Kazakhstan on reconciliation in court, before court and outside court, statistical data of courts on conducting conciliation procedures were used. 

Author Biographies

Elvira Bekbolatovna Ablaeva, Eurasian Technological University

Candidate of Legal Sciences, Associate Professor

Anel Rakhmetzhanovna Ensebayeva, Republican Research Institute of Labor Protection of the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan

Candidates’ degree in jurisprudence, Leading Researcher,

Samal Malikovna Mukhtarova, K. Zhubanov Aktobe Regional University

Candidates’ degree in jurisprudence, Associate Professor of the Department of Jurisprudence, Faculty of Economics and Law

Saltanat Bakytzhanovna Sautbayeva, K. Zhubanov Aktobe Regional University

Master of Law, Senior Lecturer of the Department of Jurisprudence, Faculty of Economics and Law 

Mukhtarhan Aidarkhanovich Utanov, Supreme Court of the Republic of Kazakhstan

Doctor of Law, Associate Professor, Counselor of the Chairman of the Supreme Court of the Republic of Kazakhstan in Criminal Cases

Published

29.12.2023

How to Cite

Ablaeva Э. Б., Ensebayeva А. Р., Mukhtarova С. М. ., Sautbayeva С. Б., & Utanov М. А. (2023). JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(75). https://doi.org/10.52026/2788-5291_2023_75_4_102