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DOI: https://doi.org/10.31617/zt.knute.2018(99)07
KOROTKA Nataliya,
Candidate of Juridical Sciences (PhD), Senior Lecturer at the Department of International Private,
Commercial and Civil Law of Kyiv National University of Trade and Economics
DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN THE CIVIL PROCESS
Background. The new edition of the Civil Procedural Code of Ukraine, which came into force on January 15, 2017 (Section III, Chapter 4, Articles 201–205), instituted the «dispute Settlement with the Participation of a Judge» and initiated questions about its application directly in the civil process of Ukraine.
The urgency of the study is dictated by the need for a thorough scientific study of the peculiarities of the mechanism of application of the Institute «dispute settlement with the participation of a judge».
Analysis of recent research and publications. The urgent issues of reforming the civil process are the subject of research by such domestic scholars as O. V. Hetmantsev, O. O. Grabovska, Yu. D. Prytyka, S. Ya. Fursa, and others.
The Institute for «dispute settlement with the participation of a Judge» is a new one for the civil process in Ukraine, so the subject chosen by scientists is not yet fully explored, which determines the urgency of this work.
The aim of the article is to study the procedure for settling a dispute with the participation of a judge and to analyze the peculiarities of its application in the civil process of Ukraine.
Materials and methods. The article uses general scientific and special-scientific methods of cognition. At the heart of the study – the dialectical method, according to which solved problems are considered in the unity of their social content and legal form. The system-structural method is the basis of the study of the place of the Institute «dispute settlement with the participation of a judge» in the system of civil procedural law of Ukraine. The formal-logical method was used in the clarification of the mechanism of the implementation of the same institute.
Results. In the civil process during the settlement of a dispute with the participation of a judge, an intermediary is a judge – a citizen of Ukraine, who, in accordance with the Constitution of Ukraine and the Law of Ukraine «On the Judiciary and Status of Judges», is appointed by the judge, holds a full-time judicial position in one of the courts of the country, and conducts justice in a professional basis.
However, there are still unresolved issues regarding the timing and procedure for termination of a dispute settlement with the participation of a judge. As of today, there are no explanations regarding the order of the meetings, the processing of their results. The outcome of such meetings should eventually be fixed, since, firstly, just the meetings in the process of the dispute settlement with the participation of a judge may be several, and secondly, for the purpose of the effective implementation of this institution, it is necessary to record the sequence of actions and results of the discussions, to which the parties reached in the process of the peaceful settlement of the dispute.
Conclusion. Dispute Settlement with the participation of a judge may take place after the person has been resorted to a court and the opening of proceedings. The advantages of its introduction include the saving of procedural time for the court and the parties in the case, the absence of emotional exhaustion and stress for the parties in the case and the court, saving of funds for payment of court fees, fixing of the conducting term and the order of the procedure termination in the CPC of Ukraine. However, along with the advantages of implementing the institution «Settlement of a dispute with the participation of a judge» in the process of its application, there are certain disadvantages regarding the requirements to a judge, the peaceful settlement of a dispute, the order of holding meetings in the process of the procedural registration of its results.
Keywords: civil process, dispute settlement with the participation of a judge, intermediary, procedure of conducting.
REFERENCES
1. GetmancevO. V. Integracijacyvil'nogoprocesual'nogozakonodavstvadopravaJevropejs'kogoSojuzuukontekstisudovoi' reformyvUkrai'ni. Suchasni vyklyky ta aktual'ni problemy sudovoi' reformy v Ukrai'ni : materialy Mizhnar. nauk. konf. (m. Chernivci, 26–27 zhovt. 2017 r.). Chernivci : Tehnodruk, 2017. S. 123–125.
2. Grabovs'ka O. O. Zmagal'na model' cyvil'nogo sudochynstva: ponjattja ta jurydychna pryroda. Visn. Kyi'v. nac. u-tu im. Tarasa Shevchenka. 2012. Vyp. 90. S. 54–58. Serija : «Jurydychni nauky».
3. Prytyka Ju. D. Pravovyj rezhym mediacii' u zakonodavchyh systemah zarubizhnyh krai'n.Malyj i serednij biznes (pravo, derzhava, ekonomika). 2015. № 1/2 (60/61). S. 45–49.
4. Fursa S. Ja., Fursa Je. I. Vreguljuvannja sporu za uchastju suddi – novyj zmist mediacii'. Chasop. Kyi'v. u-tu prava. 2017, № 2. S. 97–101.
5. Cyvil'nyjprocesual'nyjkodeksUkrai'ny: Zakonvid18.03.2004 № 1618-IV. URL: http://zakon3.rada.gov.ua/laws/show/1618-15.
6. SudovavladaUkrai'ny. URL: https://adm.if.court.gov.ua/sud0970/dvs/whatis.
7. KonstytucijaUkrai'ny: Zakonvid28.06.1996 № 254k/96-VR. URL : http://zakon5.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.
8. Pro sudoustrij i status suddiv : Zakon Ukrai'ny vid 02.06.2016 № 1402-VIII. URL: http://zakon3.rada.gov.ua/laws/show/1402-19.