FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 26, 2019 No. 197-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 17, 2019

Approved by the Federation Council on July 23, 2019

Article 1

Article 3 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1792; Russian Federation Code, 1995, No. 26, Art. 2399; 1999, No. 29, Art. 3690; 2001, No. 51, Art. 4834; 2007, No. 10, Art. 1151; 2008, No. 52, Art. 6229; 2009, No. 39, Art. 4533; 2013, No. 19, Art. 2329; No. 27, Art. 3477; 2014, No. 11, Art. 1094; No. 23, Art. 2928; 2016, No. 1, Art. 29; 2017, No. 1, Art. 46; No. 24, the Art. 3400) to add 2018, with Item 5 of the following content:

"5. The judge staying in resignation has the right to be mediator, the judicial conciliator.".

Article 2

Bases of the legislation of the Russian Federation on notariate of February 11, 1993 No. 4462-1 (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; Russian Federation Code, 2007, No. 1, Art. 21; No. 27, Art. 3213; 2009, No. 29, Art. 3642; 2013, No. 51, Art. 6699; 2015, No. 1, Art. 10; 2016, No. 1, Art. 11; No. 27, Art. 4293; No. 32, the Art. 5131) to add 2018, with Article 59.1 of the following content:

"Article 59.1. Certificate of the mediativny agreement

The notary certifies the mediativny agreement reached by the parties according to the agreement on holding procedure of mediation provided by the Federal Law of July 27, 2010 No. 193-FZ "About the alternative procedure of dispute settlement with participation of the intermediary (the procedure of mediation)".

The Mediativny agreement makes sure with obligatory participation of mediator, mediators, mediator - the representative of the organization performing activities for ensuring holding procedure of mediation according to the agreement of the parties on holding procedure of mediation.

If the agreement of the parties on holding procedure of mediation provides participation of several mediators, the mediativny agreement makes sure with obligatory participation at least than one mediator, the holding procedure of mediation performing activities for providing.

In the cases provided by parts two and third this Article, the mediativny agreement shall contain data on participation of specified persons in case of its certificate and its signature (signatures).".

Article 3

Item 4 of article 10 of the Federal Law of March 14, 2002 No. 30-FZ "About bodies of judicial community in the Russian Federation" (The Russian Federation Code, 2002, No. 11, Art. 1022; 2011, No. 49, Art. 7066; 2018, No. 17, Art. 2425; 31, the Art. 4832) to add No. with the subitem 6 of the following content:

"6) is conducted by lists of the judges who are staying in resignation and showed willingness to perform activities of mediators on professional basis.".

Article 4

Bring in the Arbitral Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 30, Art. 3012; 2008, No. 49, Art. 5727; 2009, No. 29, Art. 3642; 2010, No. 18, Art. 2145; No. 31, Art. 4163, 4197; 2011, No. 29, Art. 4291; No. 50, Art. 7364; 2012, No. 26, Art. 3439; 2013, No. 27, Art. 3458; 2014, No. 26, Art. 3392; 2016, No. 1, Art. 29; No. 10, Art. 1321; No. 26, Art. 3889; 2017, No. 27, Art. 3944; 2018, No. 49, Art. 7523) following changes:

1) Item 6 of article 2 after words of "business relations" to add with words "to peaceful settlement of disputes,";

Article 4 to add 2) with part 8 of the following content:

"8. The parties after the appeal to Arbitration Court have the right to use conciliatory procedures for dispute settlement.";

Part 1 of Article 21 to add 3) with Item 3.1 of the following content:

"3. 1) was judicial conciliator on this case;";

Part 2 of Article 51 to add 4) with the offer of the following content: "At the same time such persons have the right to act as participants of the voluntary settlement in cases if they acquire the rights or to them the obligation under the terms of this agreement is assigned.";

Part 5.1 of Article 56 to state 5) in the following edition:

"5.1. Representatives of persons participating in holding conciliatory procedure, intermediaries including mediators, judicial conciliators, about circumstances which became known to them in connection with participation in the conciliatory procedure are not subject to interrogation as witnesses.";

Part 1 of Article 90 to add 6) with words ", including in case of adjournment of legal proceedings for the purpose of dispute settlement";

Part 2 of Article 125 to add 7) with Item 8.1 of the following content:

"8. 1) data on the actions taken by the party (parties) directed to conciliation if such actions were taken;";

To add part 1 of Article 126 with Item 7.1 of the following content:

"7. 1) the documents confirming making by the party (parties) of the actions directed to conciliation if such actions were taken and the relevant documents are available;";

Part 4 of article 127 after words to "persons participating in case" to add 9) with the words "including for conciliation";

10) in part 5 of Article 131:

a) add with Items 3.1 and 3.2 of the following content:

"3. 1) data on the actions taken by the defendant directed to conciliation if such actions were taken;

3. 2) opinion of the defendant on possibility of conciliation of the parties;";

b) add item 4 with words ", including the actions confirming making by the defendant directed to conciliation if such actions were taken and the relevant documents are available";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info