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Article Institute for Settling a Dispute with the Participation of a Judge: LegalCharacteristics and Influence on the Economic Process
Authors
Yatsenko S.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 9 / 2017
Pages 213 - 219
Annotation

The article discusses the proposed institute by the bill of the Commercial Legal Procedural Code of Ukraine — the institute of the dispute settlement by judge. The implementation of such institute is reasoned with the need of the peoples’ trust growth to the judicial power with a help of increasing number of amicable agreements between the parties of the dispute. According to this purpose, the judge is supposed to suggest the way of dispute settlement, and the forms of practice are closed and joint meetings; closed or joint meetings. In case of impossibility of the settlement, the dispute is transferred to the another judge to examine in court. It is suggested to note the time of thebeginning and ending of the meeting, the names of attending persons as well, the warning of the parties about the prohibition from divulging the discussions and the bringing the perpetrators to justice. The risks for professional and business reputation of judges are justified and the ways of avoiding such risks are proposed: to create common rules and standards of the joint and closed meetings procedure.

Keywords Dispute settlement by judge, mediation, joint meeting, closed meeting, professional and business reputation of the judge, risks for the business and professional reputation of the judge
References
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