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Шлях становлення та розвитку процедур примирення в цивільному судочинстві

Authors :
Andriy Gulik
Source :
Law Review of Kyiv University of Law. :149-153
Publication Year :
1970
Publisher :
Kyiv University of Law of NAS of Ukraine, 1970.

Abstract

The article is devoted to the historical and legal aspects of the development of conciliation procedures in civil proceedings. For a long time, the reconciliation orientation of the civil proceedings was not generally accepted; it remained, in fact, in the shadow of its main declared function - the consideration and resolution of civil cases. However, interest in reconciliation procedures has intensified significantly in recent decades, and not only in our country. This was largely facilitated by the removal of external barriers and the opening of borders between counties, the internationalization of civil trafficking, and the attempts to achieve the necessary degree of unity of the civilistic process through the unification and differentiation of judicial procedures. The study of foreign law gave impetus to the beginning of a broad analysis of litigation procedures. Appeal to the international experience showed the possible similarities and differences of traditional approaches to the administration of justice in civil matters. Much of the difference was related to the scope of alternative ways of resolving legal conflicts. The conciliatory orientation of the dispute settlement system prevailed in the early stages of the development of statehood. However, with the establishment and strengthening of the judiciary, reconciliation practices began to recede. The statutes of the Grand Duchy of Lithuania, which had undergone three editions in the sixteenth century, provided for the activity of a court of arbitration, the jurisdiction of which was the conciliation of the parties. The statutes of the Grand Duchy of Lithuania, which had undergone three editions in the sixteenth century, provided for the activity of a court of arbitration, the jurisdiction of which was the conciliation of the parties. With the change of state power in 1917 there was a change in the nature of the civil process. It was impossible to expect that the idea of reconciliation between the parties would receive new legislative development under these conditions. The adoption of the CPC in 1963 only broadened the scope for a settlement agreement. There were no conciliatory procedures for civil procedural law. The activity of the court was aimed, first of all, at finding out whether the peace agreement was not contrary to the law or violated the rights and interests of others, as well as to clarify to the parties the consequences of its conclusion. The CPC of Ukraine of 2017 laid down the rules for settling a dispute with the participation of a judge, thus becoming the starting point for a modern native researcher of conciliation procedures. The introduction of such procedures will shorten the distance between the desired and the real state of justice, will increase the capacity of participants in the process, will become the basis for a true Europeanization of the civil process.

Details

ISSN :
22195521
Database :
OpenAIRE
Journal :
Law Review of Kyiv University of Law
Accession number :
edsair.doi...........26e469f4ae74db2d63835fbf533840a5