CONCILIATING PROCEDURES IN CIVIL PROCEEDINGS

Authors

  • Marianna Ivanovna Dyachuk

Keywords:

conciliation procedures, ndications of conciliation procedures, settlement agreement, mediation, participatory agreemen, participatory procedures, world transaction, peaceful settlement of a dispute, judicial proceedings, court

Abstract

 

The author analyzes the concept of “conciliation procedures”, reveals the substantive and functional components of this category.

This article deals with the issues of regulatory consolidation of the “conciliation procedures” by the current legislation both in terms of the concept and the procedure for its conduct as a whole.

The paper examines the essence of conciliation procedures and highlights their main features and principles. A classification of the types of dispute settlement depending on the stages of a possible conflict resolution is proposed. Conciliation procedures were compared. The concept of a settlement agreement as a conciliation procedure, as well as the concept of mediation, is formulated, pre-trial and extrajudicial mediations are distinguished, and their stages are analyzed.

In the course of studying this topic, the norms of national legislation governing the possibility of resorting to conciliation procedures, and emerging, with judicial practice, the rules of substantive legislation, theoretical developments on conciliation procedures, general patterns of formation, development and implementation of conciliation procedures were the subject of the study; as well as the experience of foreign countries in their application:

These provisions can be used for further theoretical research of the institution of conciliation procedures, to find application in scientific and educational activities.

 

Published

30.06.2019

How to Cite

Dyachuk М. И. (2019). CONCILIATING PROCEDURES IN CIVIL PROCEEDINGS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/352