Results of implementation of conciliation procedures in civil proceedings

Patima Yessenbekova

2024

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DOI 10.32518/sals3.2024.95
Data confidence 70 medium
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Abstract

The overload of courts, as well as the duration of consideration of cases, necessitates the use of alternative dispute resolution measures. This indicates the relevance of improving conciliation procedures in the context of civil proceedings in Kazakhstan. The purpose of the work was to study the specifics of ensuring conciliation procedures in the resolution of civil law disputes. The article used the method of analysis, synthesis, comparison, deduction, generalisation, formal-legal. As a result, the history of the formation of the institute of peaceful settlement of disputes in civil proceedings of the Republic of Kazakhstan was revealed. The system of alternative means of dispute settlement, their advantages, and role in strengthening social relations in the country was expressed. In the work, it was established that the settlement of disputes on the basis of conciliation procedures is consistent with the conceptual approaches to the development of the national legal system in Kazakhstan. It has been established those civil proceedings in Kazakhstan are characterized by simplification and humanisation. As a result of the application of conciliation procedures not only improves the activity of the judicial system, but also increases the level of legal consciousness of the Kazakh people, their trust in the judiciary. Thus, the socio-legal significance of informal and flexible ways of conflict resolution has been proved, which is an important component of civil proceedings in Kazakhstan. In the course of the study, the content of various normative legal acts was studied to reflect the peculiarities of the regulation of the procedure for the settlement of private legal disputes on the basis of conciliation procedures. Particular attention was focused on the provisions of conceptual and strategic documents that enshrine the development of conciliation procedures as one of the key objectives of legal proceedings and the national legal system. The findings of the study can be used in the development of national strategies to enhance the role of judicial mediation in civil proceedings in Kazakhstan