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JUDICIAL CONCILIATOR AS A NEW SUBJECT OF ADMINISTRATIVE PROCEEDINGS

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PDF: Author(s): Mustafin R. F., Mustafina S. A., Oberemok V. O.,
Number of journal: 2(51) Date: May 2020
Annotation:

The article discusses the new conciliation procedure “judicial reconciliation„ in administrative proceedings. The author studies the theoretical basis, validity and possible prospects for introducing this institution into administrative proceedings. The analysis of the current legislation is carried out, based on which it is concluded that there are a number of gaps in the Code of administrative procedure of the Russian Federation in the current version. Today, judicial reconciliation is considered as the main alternative procedure that can relieve the judicial system and save citizens from unnecessary litigation. Thanks to the successful experience of foreign countries in the field of conciliation procedures, as well as the unsuccessful Russian experience in the field of mediation, a fairly clear mechanism for the development of reconciliation in our country was developed: through the widespread introduction of reconciliation by the state at the level of courts, conducted on a voluntary and free basis with the participation of a professional conciliator – a retired judge. The study of the mediation Institute is important for creating successful options for implementing judicial reconciliation in order to recognize its effectiveness on the part of the participants in the proceedings. Judicial reconciliation plays a special role in administrative litigation, where the plaintiff and defendant are the parties in powersubordination relations, which is associated with the complexity of organizing justice and equality of participants in reconciliation, as well as the need to impose restrictions on specific categories of cases in which such reconciliation will be unacceptable. Taking into account the above, it is concluded that there are a number of problems of legal regulation of reconciliation in administrative proceedings and offers options for their elimination in order to ensure effective protection of the rights and freedoms of participants in the process.

Keywords:

judicial conciliator, court, Institute of reconciliation, conciliation procedures, administrative proceedings, mediation, code of administrative procedure, judicial system, agreement on reconciliation, legislation of the Russian Federation, principle of good faith.

For citation:

Mustafin R. F., Mustafina S. A., Oberemok V. O. Judicial conciliator as a new subject of administrative proceedings. Business. Education. Law, 2020, no. 2, pp. 233–236. DOI: 10.25683/VOLBI.2020.51.218.