The Place of Institution of Settlement of Civil Dispute with Participation of Judge in System of Conciliations

Abstract

Conciliatory procedures and alternative methods of settlement of civil spores are closely associate inter se and depending on their kinds, sometimes can show up as study of synonyms categories or institutes of right. Conciliatory procedures in civil procedure are legitimate methods of consensus settlement coming from legal of legal conflicts (civil spores) that arose up between them on the basis of bilateral advantageous terms subjects from public, social economic, reputation or another interests with possibility of bringing in of the third persons for this process. Settlement of civil dispute with participation a judge as a new institute of civil judicial law is called maximally to assist to parties operatively to decide a civil dispute arising up between them, not on the basis of right, and within the framework of right (but not in wide sense, and within the limits of positions of parties), by means of the special highly skilled subject – judge that will conduct corresponding his settlements. By specific signs that distinguish the indicated institute among alternative another ways of settlement of spores and conciliatory procedures in a right and civil procedure are: 1) temporal borders of realization of this procedure in the begun civil procedure, distinguish him among another ways and procedures of peaceful settlement of spores, are used in the civil rule-making, in particular institute of world agreement that can be realized on any stage of trial etc.: а) possibility to settle dispute with participation a judge to beginning of decision business essentially (part is first the articles 201 Civil Procedural Code of Ukraine (in a release 3.10.2017)) б) realization of process of settlement within the limits of reasonable of term, but no more than thirty days from the day of taking away of decision about his realization. Mentioned temporal borders of possibility of existence of this type of conciliatory procedure; 2) settlements of dispute come true by a judge, examining business, the lines of bringing in of the specialized participant of медиации are looked over in what, that negotiates in медиации. However a judge is finished speaking with parties, and assists them in the settlement of dispute by finding out of grounds and matter of dispute of elucidation to parties the article of proving in business, and realizations of another actions sent to the peaceful settlement by parties of dispute; 3) actions of judge are directed to on an assistance the settlement of civil dispute: he can offer to parties the possible way of peaceful settlement of dispute (character of negotiations is looked over, a judge must conduct actually), not rendering to parties of legal advices or estimation of proofs.