Выпуск №6

Conciliation Procedures in Civil Process of the Post-reform Russia

Авторы:

Elizaveta A. Kostina, Maria A. Sosnina

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Информация о статье:

Тип статьи: jurisprudence

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Для цитирования:

E. A. Kostina, M. A. Sosnina, Conciliation procedures in civil process of the post-reform Russia, Ural Journal of Legal Research, 2020, No 6. pp 32-38. DOI 10.34076/2658-512X-2020-6-32-38.

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Аннотация:

The subject of the research are reconciliation procedures in the Magistrates’ Courts and Volost Courts of the post-reform Russia. The aim of the research is to obtain analytical output, regarding conciliation procedures changes in modern Russia. Based on normative legal acts of judicial and peasant reforms, the institution of settlement agreement was studied. Additionally, the following conclusions were substantiated: the institution, that was considered, and its legal regulation created favorable conditions for development of conciliation justice in Russia. Application of Volost Courts’ records, introduced in science circulation for the first time, made it possible to generalize the practice of conciliation in Volost Courts and identify the reasons of substantial number of pre-trial and judicial settlement agreements among peasants. The author discovers, that the settlement agreements, in which one of the parties was the state, were not allowed, and the transformation of the institution of settlement agreement took place due to economic, social and legislative changes in the second half of the XIX – early XX centuries. The author concludes institutions of the Magistrates’ Courts and Volost Courts were intended for realization of the task of reconciliation and reducing of courts’ workload, making more familiar and convenient way of disputes’ resolution for disputing parties – also such historical experience is relevant in the modern time.

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Список цитируемой литературы:

1. The Official Website of the State Duma, http://duma.gov.ru/news/45722/ (accessed: May 22, 2020).

2. G. F. Shershenevich, Civil Law: a Textbook. Statut, 2005, at 508.

3. E . A . Nefedev, The Declination o f the Parties t o Peace i n the Civil Process, Printing House of Provincial Board, Kazan, 1890, at 92.

4. P. Scorobogatiy, Settlement Agreements in Volost Court (1881) Yuridichesky Vestnik 7, at 418–433.

5. State Archive of the Arkhangelsk Region, Coll. 233, Inventory 1, Item 18, at 225.

6. AOIA, Coll. 409, Inventory 1, Item 17, at 94–95. 7. State Archive of the Arkhangelsk Region, Coll. 236, Inventory 1, Item 17, at 115.

8. State Archive of the Arkhangelsk Region, Coll. 235, Inventory 1, Item 165, at 121.

9. State Archive of the Arkhangelsk Region, Coll. 233, Inventory 1, Case 554, at 13.

10. State Archive of the Arkhangelsk Region, Coll. 235, Inventory 1, Case 448, at 38–42.

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Ключевые слова:

judicial reform, settlement agreement, civil process, mediation, magistrates’ court, volost court

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