Еfficiency of the application of conciliation procedures in the economic justice of Ukraine

The article is devoted to the study of the problems of the effectiveness of the application of conciliation procedures in the economic justice of Ukraine. The article shows that there are many issues that must be resolved to ensure the effective application of conciliation procedures in commercial litigation. The author of the study critically assesses the shortcomings that complicate the legislative regulation of conciliation procedures in economic litigation, the main problems of their implementation are identified and grouped. It is shown that the necessity of using conciliation procedures is obvious, since their application will contribute to improving access to justice, reducing the burden on courts, will help to reduce the terms of consideration of cases and the percentage of contested decisions, will allow to reduce court costs, as well as improve the quality of court decisions, will contribute to raising awareness population on matters of conciliation procedures and will provide the parties to the dispute/conflict with the opportunity to consciously choose the appropriate way of its settlement and achieve reconciliation between the parties to the dispute. The article analyzes judicial statistics regarding the number of appeals by parties to conciliation procedures in economic cases, determines the specific weight of appeals by parties to dispute resolution procedures with the participation of a judge and the specific weight of approved settlement agreements in the total number of conciliation procedures, draws conclusions on the effectiveness of the application of conciliation procedures, determines prospects of its application in the modern economic justice of Ukraine, as well as developed recommendations for improving the legislative regulation of the institution of conciliation procedures and forms of its implementation in the economic justice of Ukraine. The author conducted a comparative analysis of the legal nature of the institution of dispute settlement with the participation of a judge and mediation, identified their distinctive constituent elements and the possibilities of parallel or adjacent application.

economic litigation, economic process, conciliation of the parties, conciliation procedures, settlement of the dispute, settlement of the dispute with the participation of a judge, mediation, settlement agreement