FEATURES OF INSTITUTE OF RECONCILIATION IN CIVIL AND CRIMINAL PROCEEDINGS

Abstract

In this article the authors considers the peculiarities of the reconciliation institute in civil and criminal proceedings, as well as the use in mediation procedures in civil and criminal cases by the court.

Institute of reconciliation of the parties, in practice there is a long time, it is not new for Kazakhstan. But the changes and innovations introduced in the legislation for its development, are a consequence of the implementation of the State program of legal reform, approved by the President of the Republic of Kazakhstan (1994), one of which was the development by Shaikenov N.A., a prominent scientist, talented and extraordinary lawyer. The program of legal reform has made a series of measures designed to increase the role of law in society, the establishment of the necessary legislative framework and enforcement of the reforms.

Reconciliation of the parties must be regarded as a legal institution, which has the same meaning in the civil and criminal proceedings.

Reconciliation in criminal proceedings has the content, subject structure and procedural form. The content of the reconciliation of the parties is a set of actions of participants of the conflict, i.e., directly to the procedure of reconciliation and the subsequent actions taken after reaching an agreement. Subject composition reconciliation form the main participants (with one hand -Face has committed a crime, and on the other - the victim) and optional (judge, magistrate, prosecutor, investigator and mediator, advocate and representatives of the parties).

Procedural form is expressed in the consolidation of the results of the conciliation procedure in the form of a settlement agreement.

Reconciliation of the parties shall be in the form of a settlement agreement. The settlement agreement is determined by the procedural position of the parties, the terms of reconciliation and redress, execution time. The settlement agreement must be certified by an authorized person in charge of the criminal proceedings and it is binding on the parties reconciliation.

According to the Civil Procedure Code of the Republic of Kazakhstan provides three types of conciliation procedures in the new edition - the first is the «settlement agreement» as a classic example of a voluntary settlement of the dispute between the parties; second, it emerged as an institution in Kazakhstan recently, in 2011, the «mediation» and the third «Participatory procedure» with the obligatory participation of lawyers.