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Article Some Aspects of Dispute Settlement with Participation of a Judge In Economic Court Proceedings
Authors LIUDMYLA NIKOLENKO , SERGIY MASLOVSKYI
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7 / 2020
Pages 110 - 119
Annotation

The high level and quality of administration of justice in countries which have a well-developed legal system is demonstrated not only through the existing coherent judicial system, but also through the system of conciliation procedures. To such procedures we may ascribe the institute of dispute settlement with participation of a judge, which provides a fair and legitimate resolution of a dispute and provides a guarantee andopportunity for implementing the main goal of economic court proceedings. The study of the institute of dispute settlement with participation of a judge is also relevant given that the conciliation procedure is an alternative to the customary court procedure. However, as compared with the latter, using the conciliation procedures the parties may independently determine the ways to mutual understanding and find the most mutually beneficial resolution to a dispute.

The purpose of the article is to determine the specifics of dispute settlement with participation of a judge, with due regard for changes in legislation and the judicial reform processes in Ukraine, and to establish the ways towards improvement of legal provisions relating to dispute settlement with participation of a judge, which is important both in terms of the theory of procedural law and in terms of judicial practice.

The authors established that dispute settlement with participation of a judge should be regarded as the institute of economic procedure law encompassing a system of rules which are aimed at peaceful settlement of relations between parties to a dispute with participation of a judge, with a view to resolving a dispute on the merits based on confidentiality, voluntariness and mutual understanding.

The article suggests that the procedure of dispute settlement with participation of a judge should be improved, namely, in terms of the following: duties of a judge; form of implementation; time limits for dispute settlement, etc. Based on the study result, the authors suggest relevant amendments and additions to the Code of Economic Procedure of Ukraine for improving dispute settlement with participation of a judge, with the aim of ensuring the most efficient application.

The authors conclude that there is a need for further development of the institute of dispute settlement with participation of a judge. It is noted that development of this institute will reduce the load on judges, speed up dispute resolution and, consequently, will reduce the number of appeals and cassation appeals. In some cases, this institute may be used as a means to delay consideration of a case, change a judge, i.e., an abuse of procedural rights. But it should be regarded primarily as a means of legal education and introduction of legal culture not only for participants to a case but also from the perspective of changing public consciousness and reorienting it towards dispute resolution on the basis of reconciliation.

 

Keywords dispute settlement with participation of a judge; mediation; dispute resolution; alternative dispute resolution methods; conciliation; mediator’s involvement; economic court proceedings
References

Bibliography

Journal articles

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Theses

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Newspaper articles

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