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OleksandrTYKHANSKYI,

Judge, Obukhiv District Court, Kyiv region, teacher of the National School of Judges of Ukraine

PURPOSE AND PRINCIPLES OF THE INSTITUTE FOR CIVIL DISPUTE SETTLEMENT

The article is devoted to clarifying the purpose and principles of the institution for settling a civil dispute with the participation of a judge as an independent procedural institution. The goal of the institution for settling a civil dispute with the participation of a judge in the broad sense is the peaceful settlement of a civil dispute (protected legal relationship) with the participation of a judge as an authorized subject of the procedure. The purpose of the institution of settling a civil dispute with the participation of a judge is literally the rapprochement of the positions of the parties in the civil case, taking into account their interests and assisting the judge to reach to the parties a mutually acceptable result of reconciliation, which is based on an understanding and assessment by the parties of the validity of the stated demands and objections, consideration of a civil dispute (to a civil dispute on the merits). It is concluded that the purpose of settling a civil dispute involving a judge as a specific procedural procedure is to promptly achieve a specific legal result from the perspective of the interests of the parties that suits them and which is inherently a restoration of a violated, challenged or unrecognized right, in particular in the form of execution or innovations of legal relations between the parties, and is recognized by them as a fair decision of the authorized entity.

It was proved that the principle of settling a civil dispute with the participation of a judge is the principle of voluntariness, while the procedural principles include: the principle of confidentiality, equality of parties, cooperation and independence of the parties in the dynamics of the process. The principle of voluntariness is revealed in several aspects: 1) freedom to enter into the procedure for settling a civil dispute with the participation of a judge: the parties jointly decide to carry out the specified procedure; compulsion to conduct the procedure is unacceptable; 2) freedom to withdraw from the procedure for settling a civil dispute with the participation of a judge: each of the parties may refuse to continue the procedure without explaining the reasons for the refusal; 3) freedom in determining the terms of a settlement agreement: the parties freely determine the terms of the agreement, put forward any proposals and reject the proposals of the other party, without explaining the reasons. The amicable agreement includes only the conditions that resulted from mutual free agreement of the parties’ claims from the position of their interests. Also the result of the dispute settlement with the participation of the judge is the recognition of the claim.

Key words: settlement of civil dispute, the purpose of civil proceedings, procedural procedure, principle, grounds, voluntariness, confidentiality, equality, cooperation.

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