The article discusses the model of a reconciliation of the parties in conflicts of a private and administrative nature. The Concept of the Unified Civil Procedure Code of the Russian Federation contains provisions about a reconciliation of the parties, the legal model of which today takes separate place in a procedural civil law. The results of scientific research, legislative regulation, the analysis of the use of alternative methods of dispute settlement would strengthen the institution of a reconciliation of the parties in the Unified Civil Procedure Code of the Russian Federation. Institution of a reconciliation of the parties has its limits, the criteria for which are given in the article. In its conclusions, the author relies on statistical data of arbitration jurisprudence on the issue. Focuses the reader on a reconciliation of the parties in cases arising from public relations (administrative disputes), which the Concept is proposed to include in the Unified Civil Procedure Code of the Russian Federation. Proposed specific measures to facilitate the solution of the problem on the development and promotion of pre-trial conciliation, through the introduction of a mandatory pre-court administrative dispute settlement procedure. In this regard, proposed measures ensuring the extrajudicial settlement of administrative and private law conflicts. Such measures including identifying the validity and individualization of the conflict, identifying autonomy and rationality of the timing of the preparation of the case for trial are requested to concentrate procedural material in the preparatory phase, all of which help to reflect the objective side of an administrative or private law conflict, especially for the parties themselves, and for the court. 

Keywords: Concept of the Civil Procedure Code of the Russian Federation; reconciliation of the parties; reconciliation in cases arising from public relations; procedural deadlines; state duty. 

References 

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Information about the author 

  Kuzbagarov A.N. (St. Petersburg) – Doctor of Legal Sciences, Professor, Professor of the Department of Civil Law of the North-West Branch of the Russian State University of Justice (197046, St. Petersburg, Alexander Park, 5; e-mail: [email protected]).