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Company / Power

The Supreme Court of the Russian Federation introduced a number of bills in connection with improvement of conciliation procedures

In the State Duma began consideration of a number of bills initiated by the Supreme Court of the Russian Federation. The first of them - No. 421600-7 "On amendments to certain legislative acts of the Russian Federation in connection with improvement of conciliation procedures".

currently, in Civil, Arbitration procedural codes, as well as in the administrative procedure Code of the Russian Federation is enshrined in the rules relating to the reconciliation of the parties. However, their brevity and fragmentation do not allow the specified Institute become an effective instrument of dispute settlement.

the Bill is aimed at resolving disputes, which will contribute to improving the quality of justice, reduce conflict, strengthen social and business ties, as well as the introduction of conciliation procedures.

the Document provides for the settlement of the dispute with the assistance of a judicial mediator, the consolidation of the Institute of judicial conciliation that stipulates the principles of conciliation procedures and the conditions for the active role of the court. General provisions about conciliation procedures, main types and the principles of their conduct.

according To the bill, the conciliation procedure can be performed at any stage of the process at the request of the parties or at the suggestion of the court with the consent of the parties. It is proposed to consolidate the results of reconciliation: a settlement, a partial or full waiver of a claim, a full or partial waiver of appeal, cassation, Supervisory complaints, etc.

To implement the functions of the judicial conciliators are encouraged to involve employees of the court, with higher legal education and work experience in law not less than five years, and retired judges. A list of judicial mediators will be approved by the Plenum of the Supreme Court of the Russian Federation on the basis of proposals of the courts about judicial candidates conciliators.

In order to make the most effective use of conciliation procedures the bill proposes to consolidate the list of self-reconciliation, taking into account the specifics of public relations.

According to the explanatory Memorandum, conciliation and mediation can be initiated by the parties involved, the judge or provided for in mandatory law.

the Draft Federal law №421476-7 "On introducing to the State Duma of the Federal Assembly of the Russian Federation of the draft Federal constitutional law "On amending the Federal constitutional law "On the Supreme Court of the Russian Federation" in connection with improvement of conciliation procedures" proposes to impute the responsibility of the Plenum of the Supreme Court of the Russian Federation to approve the list of judicial mediators.

in addition, the bill No. 421494-7 "On introducing to the State Duma of the Federal Assembly of the Russian Federation of the draft Federal law "On amendments to part two of the Tax code of the Russian Federation in connection with improvement of conciliation procedures" specifies that up to 70% of the state fee will be subject to recovery to the plaintiff at the conclusion of the settlement agreement, the rejection of the claim, acknowledgment of the claim, including by results of carrying out of such procedures. And it is also proposed to exclude from the Tax code a provision stating that the paid state fee is not refundable on approval of the settlement agreement, conciliation agreement, the Supreme Court of the Russian Federation, courts of General jurisdiction.