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Genesis: Historical research
Reference:

History and development of the Institute of Conciliation procedures in Russia

Naryshkina Svetlana Yur'evna

ORCID: 0000-0003-4985-4747

Postgraduate student, Department "Jurisprudence", Russian State Academy of Intellectual Property (RGAIS)

55a Miklukho-Maklaya str., Moscow, 117279, Russia

vik156@mail.ru
Other publications by this author
 

 

DOI:

10.25136/2409-868X.2023.5.40746

EDN:

SWTMTG

Received:

13-05-2023


Published:

29-05-2023


Abstract: The article examines the history and development of the institute of conciliation procedures in Russia and some foreign countries. Starting with the first laws on conciliation procedures adopted in tsarist Russia, the authors describe how the institution was formed, what changes occurred in legislation in different historical epochs. The article also analyzes the current state of the institute of conciliation procedures in Russia and gives forecasts of its further development. In particular, the article discusses the impact of recent legislative changes on the institution of conciliation procedures, as well as the role of alternative dispute resolution in modern legal practice. The article points to the need to raise awareness and education among the population and representatives of the business community, as well as the creation of an appropriate infrastructure for mediation and arbitration procedures. The use of the institute of conciliation procedures has great potential for effective dispute resolution, strengthening international relations and improving the quality of life of the population.


Keywords:

Conciliation procedure, settlement agreement, civil proceedings, arbitration courts, justice of the peace, birch bark certificate, conflict, partners, international relations, legislation

This article is automatically translated. You can find original text of the article here.

Conciliation procedures are one of the most effective and popular tools for conflict resolution in modern society. Their role is to help the parties to the conflict find a common understanding, reach mutual understanding and agree on a mutually beneficial solution to the problem. Conciliation procedures are a more peaceful and humane way of resolving conflicts than judicial proceedings, and can be used in various fields, ranging from family and labor conflicts to business and politics. Currently, conciliation procedures have become widespread all over the world, including in Russia.

Their use contributes to improving people's quality of life, avoids lengthy and expensive lawsuits, and also strengthens trust in society and develops a culture of peaceful conflict resolution.

Today, conciliation procedures represent a variety of conflict resolution methods that have found application in many areas of life, from business to international relations. Their value lies in the fact that they allow the parties to the conflict to find a profitable solution within the framework of a dialogue, which benefits all participants in the process. Reconciliation procedures help to reduce conflicts that may arise in different spheres of life, and increase the level of peaceful coexistence in society.

In Western countries, including the United States and Europe, conciliation procedures are widely used to resolve a wide range of conflicts from family and labor to business and commercial. In many Western countries, conciliation procedures are gaining more and more popularity due to their effectiveness and humanity, as well as the ability to avoid long and expensive lawsuits.

The concept of conciliation procedures in Western countries has long-standing roots. In the USA, for example, this approach to conflict resolution has been widely used for many years. To date, conciliation procedures are a mandatory stage for resolving many civil cases, including divorces, disputes over ownership of real estate, inheritance disputes and many others.

In Europe, conciliation procedures also have a long history. In addition, many laws and regulations of European countries support the use of conciliation procedures as an alternative to judicial proceedings. In some European countries, for example, in Germany and Belgium, conciliation procedures are actively used in the business sphere, helping companies resolve conflicts with partners and customers, as well as internal disputes.

In general, the experience of Western countries shows that the use of conciliation procedures improves the quality of life of people, minimizes conflicts and helps to preserve peace and stability in society. The experience of Western countries also confirms that the use of conciliation procedures can be useful for various areas of life from family relations to international relations, and can be an effective tool for resolving conflicts in modern society.

The use of conciliation procedures can also lead to a reduction in the costs of litigation and speed up the process of obtaining a solution to the conflict. Moreover, conciliation procedures can help preserve the relationship between the parties to the conflict, which may be especially important in cases where participants in future business or personal relationships. Finally, the use of conciliation procedures can contribute to the development of a culture of peaceful conflict resolution in society, which can lead to an overall increase in well-being and prosperity [10].

The institution of a settlement agreement was first mentioned in Russian legislation in the Novgorod Birch bark charter, which dates from the period between 1281 and 1313. This document probably reflected the settlement deal concluded between the sender of the letter and its recipient, as well as the requirement for its mandatory compliance by the addressee. The content of the article contains the concepts of "dress up" and "smallness", which, according to the Pskov court charter of the end of the XV century, mean the agreement of the parties through the conclusion of a settlement agreement with the participation of witnesses.

Reconciliation procedures were used especially actively in the Novgorod Republic, including a special procedure called "world series". She demanded that the disputing parties turn to conciliators, known as "rowers", to settle the dispute and conclude an agreement. Interestingly, this procedure resembles modern mediation in many ways.

The topic of peaceful settlement of disputes is discussed in separate articles given in the Pskov Court Charter of 1397, as well as in the Judicial Book of Ivan III. This document provided an opportunity for the offender and the victim to conclude an agreement without the participation of a representative of the judiciary, which was called "lynching", which implied the release of the offender from responsibility. The Cathedral Code of 1649 also contains similar materials.

Arbitration courts have become an important element of the Russian legal system and have received significant development. Initially, such courts functioned in accordance with generally accepted norms, and later they were officially recognized by the state in accordance with the XV chapter "On the Arbitration Court" of the Cathedral Code of 1649.

The Government of the Russian Empire was interested in creating a mechanism that would allow resolving conflicts between citizens without recourse to judicial authorities. In 1775, Catherine II proposed an important step in the development of institutions for the peaceful settlement of disputes by creating conscientious courts to protect civil rights based on the principle of "natural justice". These courts were designed to solve certain categories of cases, such as juvenile defendants, the insane and others.

Such courts served to consider crimes that were not dangerous to society, acts with mitigating circumstances, as well as family conflicts. However, despite this, the decisions of the magistrates had no legal force in property disputes, and the judges did not have the authority to enforce the decision, which completely depended on the consent of the parties. Consequently, the claim, unsatisfied in the magistrate's court, was still transferred to the general jurisdiction [8].

Having studied the current laws and documents of that time, it can be concluded that the initial period of development of conciliation procedures in Russia (1281-1864) represented the foundation for future legislative regulation of procedures such as settlement agreement, arbitration courts and mediation.

In addition, participation in conciliation procedures was not only one of the ways to resolve conflicts, but also a demonstration of cultural and social status. In addition, conciliation procedures may have been used as a means of public control over justice and protection of the interests of the poor and minorities. However, with the development of legislation and legal culture in Russia, conciliation procedures have lost their original significance and began to play mainly the role of a complementary procedure in official proceedings. Currently, with the increasing number of court cases and the burden on the courts, conciliation procedures are becoming relevant again as a quick, cheap and effective way to resolve conflicts [9].

In the XIX-XX centuries in Russia, more and more attention was paid to methods of extrajudicial resolution of conflicts, in particular, to a settlement agreement. This was facilitated by the reform of the judicial system in 1864, carried out by Emperor Alexander II. As part of this reform, not only the Statute of Civil Proceedings were approved, but also the Statute of Criminal Proceedings, judicial regulations and rules of punishment determined by magistrates.

Of particular interest is the chapter "On conciliation proceedings" contained in the "Charter of Civil Proceedings". Its articles 1357-1366 relate to the reconciliation of the parties and the conclusion of a settlement deal and are included in book 3 "Exceptions from the general procedure of civil proceedings".

According to the Statute of Civil Proceedings, the parties to the dispute had the right to voluntarily terminate the process. This usually happened when the plaintiff announced to the court his refusal of the presented claims, and the defendant agreed to the termination of the case. In accordance with the Charter of Civil Proceedings, justices of the Peace had the opportunity to conclude amicable agreements both in specially designated places and in common courtrooms. The creation of the Institute of Justices of the Peace was aimed at replacing the traditional courts, which took various steps to reconcile the parties in the process.

Before the trial of the case at the preliminary stage, the magistrate had the authority to convince the parties to reconcile and suggest effective ways to achieve this goal.

In accordance with Article 1359 of the Charter of Civil Proceedings , three forms of concluding amicable transactions were established: 1) by making a record, which was then subject to notarization or approval by a justice of the peace; 2) by filing a world petition signed by all interested parties; 3) drawing up a world protocol during the court session [8].

However, categories of cases were established in which reconciliation was not allowed. For example, it concerned cases arising from administrative and public legal relations. The possibilities of reconciliation in cases involving harm to life and health were also limited.

Since the beginning of 1917, Russian legislation has abandoned most of the traditions of legal regulation that existed before the revolution, and began the formation of a new system of Soviet law.

The first act, which affected the regulation of issues of the settlement agreement, was adopted by the Central Executive Committee on July 10, 1923 and became effective from September 1, 1923 in the form of the Civil Procedure Code of the RSFSR. In this code, the institution of a settlement agreement was mentioned only as an opportunity for the parties to resolve the case peacefully, and most issues related to the conclusion and execution of a settlement agreement were left to the discretion of the court in each case.

Conciliation procedures are used in arbitration processes, and they continue to develop thanks to the Resolution of the SRT of the RSFSR of March 14, 1923 "Rules for the production of cases in the Supreme Arbitration Commission under the Council of Labor and Defense (SRT) and local arbitration commissions". This resolution establishes that the refusal, recognition and settlement transaction will be valid if they do not contradict the law and do not harm the state interests and will be recognized by the arbitration commission.

Further conciliation measures in the framework of the arbitration process were carried out in accordance with the "Rules for the Consideration of Economic Conflicts by State Arbitrations" adopted on June 5, 1980. These new rules approved a new method of resolving economic conflicts based on the participation of representatives of the parties in the composition of the body considering the case.

The Civil Procedure Code of the RSFSR (hereinafter referred to as the CPC of the RSFSR), which entered into force on October 1, 1964, regulated reconciliation procedures in more detail. Article 34 of the 1964 CPC established certain criteria that the court used to approve the settlement agreement. The settlement agreement should not contradict the law or infringe on the rights and legitimate interests of others. Article 165 of the Civil Procedure Code of the RSFSR regulated the procedure for formalizing a settlement agreement. For the first time in the Rules of Civil Procedure, the proceedings could be terminated on the basis of a settlement agreement concluded by the parties and approved by the court (paragraph 5 of Article 219 of the Civil Procedure Code of the RSFSR) [8].

The legislation provided an opportunity to conclude a settlement agreement at various stages of the civil process. However, at that time, the courts were not obliged to encourage the parties to conclude a settlement agreement. They only needed to inform the parties about the right to conclude an agreement and ensure control over its legality.

The 1964 CPC was in force until the adoption of the current Civil Procedure Code of the Russian Federation, which entered into force on February 1, 2003.

Since 1991, after the collapse of the Soviet Union, the system of conciliation procedures in Russia began to develop in new conditions. The legislation on this issue has become more complicated and the number of legal consultants, lawyers and arbitration managers has increased, who have become actively involved in dispute resolution. Today in Russia there is a variety of institutions and organizations that are engaged in conciliation procedures. Currently, the current article 39 of the Civil Procedure Code of the Russian Federation emphasizes that "the case can be completed by the parties by concluding a settlement agreement" [1].

On July 24, 2002, the APC of the Russian Federation was signed, which significantly improved and regulated arbitration proceedings in detail. As part of our research, we drew attention to chapter 15 "Conciliation procedures. Settlement agreement", which describes in detail the institution of a settlement agreement [2].

The adoption of Federal Law No. 102-FZ "On Arbitration Courts in the Russian Federation" on July 24, 2002 was important for the development of conciliation procedures. The Law revealed the concept of arbitration courts, established the procedure for their creation and operation, regulated the conclusion of an arbitration agreement and other issues related to arbitration courts.

With the development of conciliation procedures in Russia, many organizations have appeared that are engaged in mediation and other forms of conciliation procedures. Currently, there are many mediation centers, as well as law firms and law firms that provide services for conducting conciliation procedures. In addition, mediation services can be provided by organizations involved in resolving disputes and conflicts in various fields, for example, in the field of labor relations, family law, intellectual property, etc. [13].

There are also international and national organizations involved in the development and dissemination of the practice of conciliation procedures. One of these organizations is the International Institute for Consensus Dispute Resolution (ICARs), which conducts trainings, seminars and conferences to develop skills and knowledge in the field of mediation and other forms of conciliation procedures. National associations of mediators and conciliators also provide support to their members and coordinate work on the development and improvement of the practice of conciliation procedures. In general, the development of conciliation procedures is becoming increasingly important in the modern world, as it allows for faster and more effective conflict resolution, as well as maintaining relations between the parties [11].

There is also a special trade union center in Russia that provides mediation services in the framework of labor disputes. Today, conciliation procedures are also used to resolve conflicts between citizens and government agencies, as well as in the field of commerce and business.

However, the development of conciliation procedures in Russia is not homogeneous. Despite significant progress, there are problems in this area. For example, in Russia there are still contradictions in legislation that make it difficult to conduct conciliation procedures in some areas of life. There are also frequent cases of unprofessional behavior of mediators, which can harm the reconciliation process. Therefore, much attention is paid to improving the level of professional training of mediators and creating a legal framework that would regulate the conduct of conciliation procedures in Russia [7].

In addition, an important problem of the development of conciliation procedures is the low culture of conflict resolution in society and the limited awareness of the population about the possibilities of using conciliation procedures to resolve various disputes. To solve this problem, it is necessary to carry out extensive work to inform the population about conciliation procedures, their advantages and possibilities of use in specific situations. It is also important to involve broader segments of the population in reconciliation procedures so that it becomes a more popular and widespread method of conflict resolution. Finally, it is necessary to pay attention to the effectiveness of quality control mechanisms for conducting conciliation procedures in order to guarantee their high professional qualifications and serviceability [9].

Thus, the practice of using the institute of conciliation procedures differs significantly in different countries of the world. However, regardless of where these procedures are used, they often offer quick and cheap dispute resolution, which significantly saves time and resources for all parties. At the same time, each jurisdiction has its own peculiarities of using conciliation procedures, and before using them, it is necessary to refer to the relevant laws and regulations to make sure that they are suitable for a particular case.

It should be noted that the use of conciliation procedures has additional advantages, such as maintaining the relationship between the parties and a more satisfactory result in dispute resolution. Mediation and other forms of conciliation procedures can also be useful in cases where litigation can cause serious damage to reputation or business. Due to these advantages, the use of conciliation procedures is becoming increasingly popular in various legal fields, such as family, commercial and civil law.

It is also important to note that the effectiveness of conciliation procedures depends on the qualifications of mediators and compliance with the basic principles of these procedures. These principles include the neutrality and impar-tiality of the mediator, confidentiality of the process, voluntary participation and freedom of choice by the parties of the best way to resolve the conflict. It is also important to determine the rights and obligations of each of the parties in the process of conciliation procedures in order to achieve the best result [12].

In general, the use of conciliation procedures is an effective and reliable conflict resolution tool that can be used in various areas of life. The key success factors are the correct choice of the conflict resolution method and the qualification of mediators.

The use of the institute of conciliation procedures in Russia and abroad is a widespread practice in various fields, from business to personal conflicts. Conciliation procedures are an effective way to resolve disputes and contribute to saving time and resources for all parties.

However, the implementation of conciliation procedures may have special features in different countries of the world. Therefore, it is necessary to refer to the relevant laws and regulations of the jurisdiction to make sure that they are suitable for solving a particular case.

In this regard, the development of the use of conciliation procedures in Russia and abroad should be aimed at improving legislation, creating an appropriate infrastructure for mediation and arbitration procedures, as well as raising awareness and education among the population and representatives
business communities.

References
1. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (ed. of 29.07.2017) // Collection of Legislation of the Russian Federation. 2002. No. 46. St. 4532.
2. Arbitration Procedural Code of the Russian Federation of 24.07.2002 No. 95-FZ (ed. of 29.07.2017) // Collection of Legislation of the Russian Federation. 2002. No. 30. Article 3012.
3. Civil Code of the Russian Federation (Part one) of 11/30/1994 No. 51-FZ (as amended on 07/29/2017) // Collection of Legislation of the Russian Federation. 1994. No. 32. Article 3301.
4. Civil Code of the Russian Federation (Part Two) of 01/26/1996 No. 14-FZ (as amended on 03/28/2017) // Collection of Legislation of the Russian Federation. 1996. No.St. 410.
5. Family Code of the Russian Federation dated 29.12.1995 No. 223-FZ (ed. dated 01.05.2017) // Collection of Legislation of the Russian Federation. 1996. No. 1. St. 16.
6. Baranova, M.K. (2019). Introduction of the institute of mediation in criminal proceedings / M.K. Baranova, A.A. Podoprigora. In Alley of Science. (Vol. 1. 3 (30). pp. 444-447).
7. Bespalov, Yu. F., & Bespalov, A. Yu., & Gordeyuk, D. V., & Kasatkina, A. Yu. (2018). Conciliation procedures in civil, criminal and administrative proceedings of the Russian Federation: textbook / Edited by Bespalov, Yu. F.-Moscow: Prospect. In Lan: electronic library system. Retrieved from https://e.lanbook.com/book/150680
8. Bushmeleva, M.A. (2020). Legal regulation of mediation in the Russian Federation: problems and prospects / M.A. Bushmeleva, V.Yu. Strepetova. In Academic journalism.-No. 4.-pp. 365-370.
9. Knyazev, D.V. (2004). The history of the development of the institute of settlement agreement in Russian civil law. In Modern problems of civil law and process. Collection of articles. Novosibirsk: Publishing House of the Institute of Philosophy and Law SB RAS. Issue 2.
10. Potapov, D.V., & Potapova, L.V. (2022). THE CONCEPT OF DEVELOPMENT OF CONCILIATION PROCEDURES IN RUSSIAN LEGISLATION. In MNIZH. No.3-2 (117). URL: https://cyberleninka.ru/article/n/kontseptsiya-razvitiya-primiritelnyh-protsedur-v-rossiyskom-zakonodatelstve (date of appeal: 17.05.2023).
11. Gorshkova, K.N., & Zhelonkin, S.S. (2019). Conciliation procedures in Russia: novelties of procedural reform in Russia: novelties of procedural reform. In Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. No.3 (83). URL: https://cyberleninka.ru/article/n/primiritelnye-protsedury-v-rossii-novelly protsessualnoy-reformy-v-rossii-novelly-protsessualnoy-reformy (accessed 17.05.2023).
12. Gomula, I. (2016). LEGAL CONSEQUENCES OF DECISIONS OF THE APPELLATE BODY IN THE WTO DISPUTE RESOLUTION SYSTEM. In International Justice. No.3 (19). Retrieved from https://cyberleninka.ru/article/n/pravovye-posledstviya-resheniy-apellyatsionnogo-organa-v-sisteme-razresheniya-sporov-vto (date of appeal: 05/17/2023).
13. Sheremetyeva, N.V. CONCILIATION PROCEDURES: HISTORICAL, LEGAL AND THEORETICAL ASPECTS IN MODERN LAW. In Law and Practice. 2020. No. 1. Retrieved from https://cyberleninka.ru/article/n/primiritelnye-protsedury-istoriko-pravovye-i-teoreticheskie-aspekty-v-sovremennom-prave (accessed: 05/17/2023)

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, the history and development of the institute of conciliation procedures. The author should indicate in the title that the article is mainly about the Russian Institute of conciliation procedures - it is he who is in the focus of the researcher's attention. The methodology of the research is not disclosed in the text of the article, but it is obvious that the scientists used universal dialectical, logical, historical, historical-legal, formal-legal and comparative-legal research methods. The relevance of the research topic chosen by the author is justified by him as follows: "Conciliation procedures are one of the most effective and popular tools for conflict resolution in modern society. Their role is to help the parties to the conflict find a common understanding, reach mutual understanding and agree on a mutually beneficial solution to the problem. Conciliation procedures are a more peaceful and humane way of resolving conflicts than litigation, and can be used in various fields ranging from family and labor conflicts to business and politics." Additionally, the author is recommended to list the names of the leading experts involved in the study of the problems raised in the article, as well as to reveal the degree of their study. What the scientific novelty of the research is manifested in is not explicitly stated in the work. In fact, it is missing. The work is descriptive, overview in nature, written on the basis of only three theoretical sources and does not introduce anything new into the development of domestic procedural sciences. The scientific style of the research is fully sustained by the author. The structure of the work is quite logical. In the introductory part of the article, the author substantiates the relevance of his chosen research topic; in the main part of the work, he reviews the evolution of the institute of conciliation procedures in Russia on the basis of an analysis of relevant regulatory legal acts. The final part of the article contains general conclusions based on the results of the study. The content of the work, as already noted, does not fully correspond to its title. It is also not without some other disadvantages. Thus, the author often does not indicate the sources of the information used (this is especially typical for the first half of the main part of the study). There are semantic repetitions in the introductory and final parts of the work. The scientist does not define the key concepts that are used in the article ("conciliation procedures, mediation, arbitration court"). The work lacks a clear identification of the stages of the evolution of conciliation procedures and their types. The author writes with reference to the relevant source: "However, the development of conciliation procedures in Russia is not homogeneous. Despite significant progress, there are problems in this area. For example, in Russia there are still contradictions in legislation that make it difficult to conduct conciliation procedures in some areas of life. There are also frequent cases of unprofessional behavior of mediators, which can harm the reconciliation process. Therefore, much attention is paid to improving the level of professional training of mediators and creating a legal framework that would regulate the conduct of conciliation procedures in Russia [7]." The scientist does not say what specific contradictions exist in Russian legislation regulating conciliation procedures. He also does not give examples of unprofessional behavior of mediators. Despite a review of the institutions of conciliation procedures in Western countries, the author does not say what could be borrowed from the legislation of these countries and relevant foreign practice. The bibliography of the study is presented by 8 sources (normative legal acts and scientific articles). From a formal point of view, this is enough; from the actual point of view, the theoretical basis of the work is represented by only three scientific papers, which is not enough for in-depth disclosure of the research topic, formulation of new scientific ideas and recommendations for improving the current legislation regulating the implementation of conciliation procedures. There is no appeal to opponents, which is unacceptable for a scientific article. The author does not enter into a scientific discussion. The provisions of the article are not sufficiently substantiated. There are conclusions based on the results of the study ("Thus, the practice of using the institute of conciliation procedures varies significantly in different countries of the world. However, no matter where these procedures are used, they often offer quick and cheap dispute resolution, which significantly saves time and resources for all parties. At the same time, each jurisdiction has its own peculiarities of using conciliation procedures, and before using them it is necessary to refer to the relevant laws and regulations to make sure that they are suitable for a particular case"etc."), but they are well-known. There are also repetitions in the author's conclusions (we are talking about the importance of the institution of conciliation procedures). The scientist notes: "In this regard, the development of the use of conciliation procedures in Russia and abroad should be aimed at improving legislation, creating an appropriate infrastructure for mediation and arbitration procedures, as well as raising awareness and education among the population and representatives of the business community." In what part is it necessary to improve Russian legislation, what specific infrastructure is needed for conducting conciliation procedures, etc. - the author does not talk about this, i.e. the conclusions are unclassified and do not have the property of scientific novelty. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of civil procedure law, arbitration procedural law, criminal procedural law, provided that it is substantially improved: additional justification of the relevance of the research topic, disclosure of its methodology, expansion of the theoretical base of the work, introduction of elements of scientific novelty and discussion, formulation of clear and specific conclusions based on the results of the study, the elimination of violations in the design of the work.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "The history and development of the Institute of conciliation procedures". The subject of the study. The article proposed for review is devoted to topical issues of the genesis of the institute of conciliation procedures in Russia and abroad. The author examines various acts and the practice of their application in our country. The subject of the study was the norms of the legislation of a number of countries, legal acts that were in force earlier, and the opinions of scientists. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the question of the genesis of the institute of conciliation procedures in Russia and abroad. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the practice of applying legislation in various countries. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of Russian legislation in force during various periods of legal development). For example, the following conclusion of the author: "The institution of a settlement agreement was first mentioned in Russian legislation in the Novgorod birch bark charter, which dates back to the period between 1281 and 1313. This document probably reflected the settlement deal concluded between the sender of the letter and its recipient, as well as the requirement for its mandatory compliance by the addressee. The content of the article contains the concepts of "dress up" and "smallness", which, according to the Pskov court charter of the end of the XV century, mean an agreement between the parties by concluding a settlement agreement with the participation of witnesses." The possibilities of a comparative legal research method related to the study and generalization of the experience of foreign countries should be positively assessed. Thus, it is noted that "In Western countries, including the United States and Europe, conciliation procedures are widely used to resolve a wide range of conflicts from family and labor to business and commercial. In many Western countries, conciliation procedures are gaining more and more popularity due to their effectiveness and humanity, as well as the ability to avoid long and expensive lawsuits." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of the development of the institute of conciliation procedures is complex and ambiguous. Taking into account the prospects of this institution, clear mechanisms are needed for the subjects of disputes, especially private law ones, which could be used by participants in legal relations in order to reconcile and prevent judicial review of disputes. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that ideas for improving Russian legislation may be important, which can be helped, among other things, by the experience of the development of the institution in question in its development and genesis. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. It seems that the scientific novelty of the proposed article is available. However, it should be clarified through a clear separation of the author's opinion and the opinions of other researchers. At the moment, given the small number of scientific sources used (only three), it is difficult to say what the specific differences between the opinions of the author and other researchers are. At the same time, there are certain points that can be considered as scientific novelty. Firstly, scientific novelty is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "the practice of using the institute of conciliation procedures varies significantly in different countries of the world. However, no matter where these procedures are used, they often offer quick and cheap dispute resolution, which significantly saves time and resources for all parties. At the same time, each jurisdiction has its own peculiarities of using conciliation procedures, and before using them, it is necessary to refer to the relevant laws and regulations to make sure that they are suitable for a particular case. The use of the institute of conciliation procedures in Russia and abroad is a widespread practice in various fields, from business to personal conflicts. Conciliation procedures are an effective way to resolve disputes and help save time and resources for all parties." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "the development of the use of conciliation procedures in Russia and abroad should be aimed at improving legislation, creating an appropriate infrastructure for mediation and arbitration procedures, as well as raising awareness and education among the population and representatives of the business community." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Genesis: Historical Research", as it is devoted to legal problems related to the genesis of the Institute of conciliation procedures. The title of the article may be clarified, as it appears. The title does not indicate a restriction by Russian law, although in fact the content of the article is devoted to the history and development of the institute of conciliation procedures in Russia. Only some comments related to the comparison of the institute of conciliation procedures in Russia and other countries do not change the general focus of the study on identifying the features of the genesis of the procedures in question in Russia. This is evidenced by the conclusions drawn from the results of the study. Thus, the author is invited to think about clarifying the topic of the article by pointing to the history of the development of the institute of conciliation procedures in Russia. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated, but its quantity and elaboration are low. The author uses only three sources (authors: M.K. Baranova, A.A. Podoprigora, M.A. Bushmeleva, V.Yu. Strepetova, D.V. Knyazev). However, in our country, the subject of the institute of conciliation procedures is quite popular in science. At the same time, there are no references to the most famous authors who have written monographs and dissertations on conciliation procedures. The author is strongly recommended to expand the theoretical base of the study. Thus, the works of the above authors correspond to the research topic, but do not have a sign of sufficiency, do not contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The theoretical basis of the study should be expanded. Conclusions, the interest of the readership.
The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership, but only after expanding the theoretical base of the study and clarifying the scientific novelty after that. You should also think about clarifying the topic of the article. Based on the above, summarizing all the positive and negative sides of the article, "I recommend sending it for revision"

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The subject of the study. In the peer-reviewed article "The history and development of the Institute of Conciliation procedures in Russia", the subject of the study is the legal norms that make up the institute of reconciliation in Russian law. Research methodology. The methodological apparatus of the article consists of modern methods of scientific cognition: historical, formal-logical, legal-technical, formal-dogmatic, comparative jurisprudence, etc. The author of the article also used such scientific methods and techniques as deduction, modeling, systematization and generalization. The use of modern methods of scientific cognition allowed the author to draw reasoned conclusions on the topic of the study, identify existing problems and make proposals for their resolution. The relevance of research. The relevance of the topic of the article (its significance and importance) is beyond doubt. As the author correctly notes, "conciliation procedures are one of the most effective and popular conflict resolution tools in modern society. Their role is to help the parties to the conflict find a common understanding, reach mutual understanding and agree on a mutually beneficial solution to the problem. Conciliation procedures are a more peaceful and humane way of resolving conflicts than litigation, and can be used in various fields ranging from family and labor conflicts to business and politics." For these reasons, any scientific developments with results of practical significance deserve the attention of specialists (scientists and practitioners). Scientific novelty. The topic of the article is not completely new to Russian legal science. However, the aspect chosen by the author, namely the study of the problems of the institution of reconciliation in the context of its formation in domestic law, contains elements of scientific novelty. It is absolutely true that by studying the history of the issue, it is possible to avoid mistakes in the present and future. Style, structure, and content. The article is written in a scientific style, the author used special scientific terminology when writing it. The article is logically structured, although it is not formally divided into parts. The material is presented consistently, competently and clearly. The topic is revealed. The content of the article corresponds to the stated topic. In the reviewer's opinion, the article would have "won" if the theoretical provisions had been illustrated with examples from law enforcement practice, as well as if the author had provided statistical data, for example, on the use of mediation in Russia (in order to show the effectiveness and efficiency of this conciliation procedure). Bibliography. The author of the article has studied a sufficient number of bibliographic sources, although there are no references to publications of recent years. For example, Golovanov N.M. "Conciliation procedures in the civil procedure of Russia and foreign countries", Mikhailova E.V. "Judicial conciliation procedure in the system of protection of civil rights", etc. Appeal to opponents. The author turns to the authoritative opinions of other scientists to confirm his own position. Appeals to opponents are very correct, all borrowings are decorated with links to the source of the publication. Conclusions, the interest of the readership. The article "The history and development of the Institute of Conciliation Procedures in Russia" can be recommended for publication in the scientific journal Genesis: Historical Research, as it meets the requirements for scientific publications. The topic of the article is relevant, practically significant and has elements of scientific novelty. The article may be of interest to scientists, practitioners, as well as teachers and students of law schools and faculties.