Role of the prosecutor in the use of the parties conciliation procedures
DOI:
https://doi.org/10.17308/vsu.proc.law.2021.4/3699Keywords:
prosecutor, civil proceeding, arbitration proceeding, administrative proceeding, pre-trial settlement of disputes, conciliation procedures, negotiation, mediation, judicial conciliation, settlement agreementAbstract
The article reveals the role of the prosecutor in connection with changes in procedural legislation aimed at wider application of conciliation procedures in civil, arbitration and administrative processes. The author examines this role when the parties use conciliation procedures both in pre-trial settlement of disputes and during the trial in cases with the participation of a prosecutor. Possible directions of the prosecutor's activity are considered in two aspects: from the point of view of the task of the court to facilitate the peaceful settlement of disputes and from the point of view of the parties' right to reconciliation. A conclusion is made about the dual purpose of the role of the prosecutor in this area: on the one hand, to prevent violations of the rights of the parties in the exercise of the right to use conciliation procedures; on the other hand, to prevent them from abusing this right.
