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Impact of Religion on Civil Procedure and Conciliatory Procedures (brief overview)

A.V. Argunov,
Candidate of Legal Sciences, Junior Researcher of the Department of Civil, 
Commercial and Administrative Procedure of the Russian Academy of Justice

T.V. Yusupov,
Candidate of Legal Sciences, Leading Researcher of the Department of Civil, 
Commercial and Administrative Procedure of the Russian Academy of Justice 


The article provides a brief review of the relationship of religious and philosophical and religious ideas with ideas of truth, justice, reconciliation in their civil procedural interpretations. Obviously, there are other, in addition to legal, factors that affect how probably and applicable law. One such factor is the religious ideas that dominate in society those values and norms that define much of man’s attitude to the world and to itself. Interesting is the fact that the development and diffusion of the light of conciliation procedures (including mediation), despite the lack of a clear processualist community’s understanding of the fact is fully in line with values and attitudes of the world’s major religions. So, in the societies of the Eastern type (Iran, China), is considered shameful, if the conflict is resolved and unresolved by the parties themselves, that is a different kind of conciliation procedures may be particularly effective and perceived by people as the primary tool of conflict resolution (if it is not settled yourself, that is the ideal situation). In Western societies, on the other hand, the main way to resolve legal conflicts is litigation. This is due to two main reasons: a high value for the Western ideas of human justice and even revenge, retribution equal for equal, and secularization of Western societies. But in Western countries in recent decades, conciliation procedures are successfully developing. 

Keywords: correlation of religion and law; conciliation procedures; mediation; the truth in civil proceedings; the principle of the independence and impartiality of the Court.


References 

    Mal’tsev G.V. Kul’turnye traditsii prava [Cultural Traditions of Law] (in Russian). M., 2013. 
  Maleshin D.Ya. General Report // Civil Procedure in Cross-cultural Dialogue: Eurasia Context: IAPL World Conference on Civil Procedure, September 18–21, 2012, Moscow, Russia: Conference Book / Ed. by Dmitry Maleshin; International Association of Procedural Law. M., 2012. P. 235–244. 
   Davydenko D.L. Primiritel’nye protsedury v evropeiskoi pravovoi traditsii [Conciliation in the European Legal Tradition] (in Russian). M., 2013. Silvestri E. Al’ternativnoe razreshenie sporov v stranakh Evropeiskogo Soyuza: obzor [Alternative Dispute Resolution in the European Union: An Overview] (in Russian) // Herald of Civil Procedure. 2012. No. 6. P. 166–179. 
  Gaidaenko Sher N.I. Obyazatel’naya mediatsiya: opyt Italii [Mandatory Mediation: Тhe Italian experience] (in Russian) // Arbitral Tribunal. 2012. No. 1 (79). P. 156–165. 
   Sevast’yanov G.V. Sovremennye tendentsii razvitiya ARS v Rossii [Modern Trends in the Development of ADR in Russia] (in Russian) // Development of Mediation in Russia: Theory, Practice, Education: Collected Papers / Ed. by E.I. Nosyreva, D.G. Fil’chenko. M., 2012. P. 25–37. 

Information about the authors 

  Argunov A.V. (Moscow) – Candidate of Legal Sciences, Junior Researcher of the Department of Civil, Commercial and Administrative Procedure of the Russian Academy of Justice (117418, Moscow, Novocheremushkinskaya st., 69, bldg. «A»; e-mail: raj-priem@mail.ru). 

 Yusupov T.B. (Moscow) – Candidate of Legal Sciences, Leading Researcher of the Department of Civil, Commercial and Administrative Procedure of the Russian Academy of Justice (117418, Moscow, Novocheremushkinskaya st., 69, bldg. «A»; e-mail: raj-priem@mail.ru).

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A.V. Argunov, T.B. Yusupov