NOT JUDICIAL RESOLUTION OF DISPUTES IN PRE-TRIAL ORDER IN RA CIVIL PROCEEDINGS
DOI:
https://doi.org/10.53614/18294952-2019.2-67Keywords:
not judicial, pre-trial procedure, civil proceedings, judicial protection, restriction of right, legislative proposal, dispute resolution, commission, industry dispute.Abstract
This article touches upon the pre-trial procedures for resolving civil disputes. The study of this issue in the light of the new out-of-court settlement of disputes set out in the current Civil Procedure Code of the Republic of Armenia is becoming more than relevant. When establishing a non-judicial dispute resolution procedure for individuals, the issue of unjustified restriction of the human right to judicial protection becomes quite important. The purpose of the study is the effective and targeted application of the pre-trial procedure prescribed by law, which should not lead to unreasonable restriction of judicial protection. The approaches presented as a result of our research increase the effectiveness of pre- trial dispute resolution and reduce the risk of unjustified restriction of the right to judicial protection. And in some cases, the correct and targeted use of the pre-trial order is more conducive to the effective protection of human rights.