Conciliation Procedures in the Activities of the FAS Russia: Present and Future

The article discusses current problems of the theory and practice of applying conciliation and conciliation procedures in the activities of the Federal Antimonopoly Service.
A conclusion is made about the current absence of clearly defined incentives for public authorities to participate in pre-trial settlement of disputes between economic entities, and a sufficient level of trust between them.
To solve this problem, it is proposed to use the experience of the FAS Russia in developing mechanisms for out-of-court resolution of disputes or conflicts, including the implementation of the RF Government Resolution of April 26, 2023 No. 662 adopted at the initiative of the antimonopoly regulator.
The author substantiates the need to introduce various models of conciliation and conciliation procedures into the practice of public administration, including mediation (adjudication) procedures with government bodies, judicial conciliation, post-tort agreements.

1. Gushcheva Yu.V. Conciliation procedure in law (doctrine, practice, technique). Autoref. diss. cand. jurid. sciences. Nizhny Novgorod, 2013. P. 10-11. (In Russ.)]

2. Chekmareva A.V. Legislative regulation of conciliation procedures in the Russian Federation: law enforcement experience and a new stage of development // Proceedings of Voronezh State University. Series: Pravo. 2019;(1):96-102. (In Russ.)]

3. Gorshkova K., Zhelonkin S. Conciliation procedures in Russia: novelties of procedural reform // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019;(3):10-19. (In Russ.). https://doi.org/10.35750/2071-8284-2019-3-10-19]

4. Dyachuk M.I. Conciliating procedures in civil proceedings // Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan. 2019;(2):141-147. (In Russ.)]

5. Zdrok O.N. Conciliatory procedures in the civil process). Autoref. diss. doc. jurid. sciences (specialties 12.00.15). Minsk, 2019. 52 p. (In Russ.)]

6. Kniazev D.V. United states magistrate judges: legal status, duties and settlement activities in civil cases // Statute. 2017;(3):161-172. (In Russ.)]

7. Boretskaya L.R., Potapova L.V. The essence and legal nature of conciliation procedures in the civilprocess // Scientific Notes of V.I. Vernadsky Crimean Federal University. Juridical science. 2020;6(4):349-353. (In Russ.)]

8. Sukhova N.V., Sukhov I.V. Current trends in the conciliation procedures development: the russian and comparative contexts // Scientific Bulletin of the Omsk Academy of the MIA of Russia. 2019;(1):28-34. (In Russ.)]

9. Kiper N.G. Comparative analysis of the legal regulation of non-judicial procedures for resolving administrative disputes // Bulletin of the Academy of Economic Security of the Ministry of Internal Affairs of Russia. 2010;(1):28-32. (In Russ.)]

10. Butenko R.N. Adjudication procedures and enforcement of decisions made // Economy and Law. 2017;(5):116-128. (In Russ.)]