Conciliation Procedures in the Commercial Process of Ukraine: General Characteristics and Types

Abstract

The article is devoted to the conceptual foundations of conciliation procedures in the commercial proceedings of Ukraine. It is proved that the Commercial Procedure Code of Ukraine contains norms indicating that various types of conciliation procedures are used in commercial proceedings. It is established that conciliation procedures in the resolution of disputes in commercial proceedings are the rules enshrined in the Commercial Procedure Code of Ukraine, on the basis of which the parties to the dispute have the right to settle a commercial dispute voluntarily, on the basis of equality and confidentiality under the control of the court or out of court, by formalizing and legalizing their agreements in the manner and in the manner specified by this Code or law. The article supports the conclusions of domestic scientists that conciliation procedures (reconciliation of the parties) in jurisprudence should be divided into two groups: reconciliation of the parties in a judicial process (judicial procedures) and reconciliation of the parties in an extrajudicial process (extrajudicial procedures, alternative forms of dispute resolution). The article proposes to supplement the types of conciliation procedures in commercial proceedings, which are provided for in the Commercial Procedural Code of Ukraine, with a new norm on "conciliation of the parties", the basis of which should be a statement on reconciliation of the parties, which is approved by a court decision. This article is a contribution to the scientific discussion on the appropriateness of using the term "civil process" in jurisprudence.