of October 31, 2019 No. 41
About approval of Regulations of carrying out judicial conciliation
Being guided by Item 13.1 of part 3 of article 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation" in edition of the Federal constitutional Law of July 26, 2019 No. 3-FKZ "About modification of article 5 of the Federal constitutional Law "About the Supreme Court of the Russian Federation" in connection with enhancement of conciliatory procedures", the Plenum of the Supreme Court of the Russian Federation decides:
1. Approve Regulations of carrying out judicial conciliation.
2. Send this resolution to "The Russian newspaper" for publication.
Chairman of the Supreme Court of the Russian Federation
V. M. Lebedev
Secretary Plenuma, judge of the Supreme Court of the Russian Federation
V. V. Momotov
Approved by the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 2019, No. 41
These Regulations are developed according to provisions of the Civil Procedure Code of the Russian Federation, Arbitral Procedure Code of the Russian Federation and the Code of administrative legal proceedings of the Russian Federation (further respectively - the CCP of the Russian Federation, the AIC of the Russian Federation, KAS Russian Federation) and determine procedure for carrying out judicial conciliation.
Judicial conciliation is the conciliatory procedure with participation of the judicial conciliator.
Use of judicial conciliation is performed for realization of such tasks of legal proceedings as peaceful settlement of disputes, assistance to formation and development of partner business relations, to forming of customs and ethics of business conduct (article 2 CCP of the Russian Federation, Item 6 of Article of 2 AIC of the Russian Federation, Item 5 of article 3 KAS Russian Federation).
Judicial conciliation can be carried out at any stage of legal procedure and in case of execution of the court ruling if other is not provided by provisions CCP of the Russian Federation, AIC of the Russian Federation, KAS Russian Federation and other Federal Laws.
Judicial conciliation by the parties is not paid.
The procedure for judicial conciliation is determined by the parties in coordination with the judicial conciliator taking into account provisions of the procedural legislation and these Regulations.
1. Judicial conciliation is carried out for the purpose of achievement by the parties of mutually acceptable result and settlement of the conflict taking into account interests of the parties.
2. Tasks of judicial conciliation are correlation and rapprochement of line items of party litigants, identification of additional opportunities for dispute settlement taking into account interests of the parties, rendering assistance in achievement of result of conciliation to them.
1. Judicial conciliation is carried out based on provisions CCP of the Russian Federation, AIC of the Russian Federation, KAS Russian Federation, the legislation on the status of judges in the Russian Federation, provisions of these Regulations.
2. The principles of judicial conciliation are voluntariness, cooperation, equality of participants, independence and impartiality of the judicial conciliator, confidentiality, conscientiousness.
1. The parties participate in judicial conciliation voluntarily. The judicial conciliator is nominated by mutual consent of the parties. The parties have the right to determine jointly the most suitable procedure and result of conciliation.
2. The party (parties) has the right to refuse continuation of carrying out judicial conciliation at any stage of its carrying out, having in writing reported about it to other participants of judicial conciliation.
The parties of judicial conciliation cooperate with each other, with the judicial conciliator and with court.
Negotiations of the parties have constructive and creative character, are directed to dispute settlement, take place in the atmosphere of trust and mutual respect.
The parties of judicial conciliation have the equal rights to determination of the candidate of the judicial conciliator, negotiators, rules and procedure for carrying out judicial conciliation, individual work with the judicial conciliator, access to the discussed information, development and formulation of offers on dispute settlement, assessment of their acceptability and feasibility, realization of the rights and legitimate interests.
The judicial conciliator has no right to put the actions any of the parties in position of priority, as well as to diminish the rights of one of the parties.
1. The parties have the right to determine amount of restriction of distribution of information connected with judicial conciliation.
If the parties in writing did not agree about other, information obtained by participants during judicial conciliation is confidential.
In particular, the parties, the judicial conciliator and other persons who were present when carrying out judicial conciliation, having no right to refer without written consent both parties when considering the case in court to the opinions or offers stated to one of the parties concerning possible conciliation; the confessions made by one of the parties during the procedure; manifestation of readiness of one of the parties to accept the proposal on conciliation made by other party; the data containing in the document prepared only for judicial conciliation.
2. During judicial conciliation of the party has the right to open information in that degree which will be considered necessary for successful dispute settlement.
All information created or received during judicial conciliation regardless of form of the carrier is not subject to disclosure or distribution by participants of judicial conciliation without written consent of the parties.
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