Legal status of the conciliator judge in the arbitration process

Автор: Novikov Nikolai A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 10, 2021 года.

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The article formulates a problem related to the introduction of a new institution in arbitration proceedings - the judicial conciliation procedure. Based on the theoretical analysis of the positions developed by the science of civil procedure on the concept of conciliation procedures, the uniqueness of judicial reconciliation is shown, which, on the one hand, is part of arbitration proceedings and is regulated by the norms of procedural legislation, and on the other hand, is carried out not by the judge considering the case, but by a judicial conciliator, who is a retired judge. This raises a number of questions, primarily concerning the legal status of the judicial conciliator, his rights, duties and responsibilities. It is proposed to consider the conciliator judge as a person acting on behalf of the arbitration court in the framework of the administration of justice. Accordingly, legal relations with his participation have a public-legal character, and the judge-conciliator himself is the bearer of judicial power, but only within the framework of a specific case in which a judicial conciliation procedure is being implemented.

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Justice, arbitration proceedings, arbitration court, judicial conciliation procedure, judge-conciliator, retired judge

Короткий адрес: https://sciup.org/149138507

IDR: 149138507   |   DOI: 10.24158/tipor.2021.10.15

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