Principles for settlement of a dispute with the participation of a judge

Abstract

The article is devoted to the principles of the institute dispute settlement involving judges, which causes concern among theorists and practitioners as novel procedural law. Available in the Unified State Register of judgments practice of settling a dispute with the judge shows only isolated cases of successful completion of the litigation settlement agreement. This means that the scientific search for solutions to problems 'solution to the dispute with judges' basic research through specific and ethical principles of this institution is appropriate.

According to the research results of the Institute of Dispute Settlement with the participation of a judge, the author shares the basic principles of judging by the criterion of the possibility or impossibility of their application in the dispute settlement procedure. In particular, the principles for which there is no doubt of the need for their use in settling disputes involving judges are: 1) the rule of law; 2) respect for honor and dignity, the equality of all participants in a trial before the law and court; 3) dispositiveness; 4) proportionality; 5) the bindingness of the judgment; 6) the reasonableness of the terms of consideration of the case by the court. Principles that cannot be applied to the settlement of a dispute involving a judge are: 1) ensuring the right to review the case; 2) ensuring the right to appeal against a court decision in cases established by law. The principles that can be applied in the dispute settlement procedures of the fate of some conventions are: 1) competitiveness of the parties; 2) publicity and openness of the trial and its full fixation by technical means; 3) the principle of inadmissibility of abuse of procedural rights; 4) the principle of reimbursement of the costs of the party in favor of which the judgment was rendered.

Also, summarizing the results of existing studies, the author generated a list of additional principles to be applied in resolving a dispute with the judge: 1) voluntary participation of the parties in the procedure; 2) confidentiality; 3) arbitration; 4) neutrality and impartiality of the mediator; 5) flexibility of procedure; 6) non-confrontational and informal procedure for conducting the procedure; 7) personal freedom; 8) cooperation. The author supplemented the list on an equitable basis, which connects by a group of judges ethical principles when applying the dispute settlement procedure. The ethical principles of dispute settlement involving judges, the author attributes: impartiality, diligence, tact, politeness, patience and respect, which are a set of moral rules of judicial conduct by which to evaluate its performance in terms of values such as fairness, integrity, dignity and humanity.

According to the results of the study, the author proposed to supplement the list of principles (principles) of justice by the principle of «facilitating dispute settlement», that would force judges to actively promote the parties to the settlement of the dispute before the trial on the merits and judicial authorities to develop appropriate methods and equipment costs.