In recent years, statistics record a significant increase in the judicial workload.On the one hand, this fact can be considered as evidence of improving the legal culture of the population: the citizens is subject to legal protection of their legitimate interests by appealing to the relevant authorities.On the other hand, it leads to a substantial increase in the volume of cases to be heard.
So, according to the Judicial Department VSRF in 2006 were considered 7.564 million civil cases, and by 2010 their number has already reached 12,914,000.Currently, the number of legal disputes, the decision on which render the judges, continues to grow.
This trend is not only a predictable and fully consistent with the policy of the state to improve the legal culture and the elimination of nihilism, the statistics directly reflect the goal - justice of citizens every year increases.Therefore, the fact of unavailability of the state to expand commensurate with the increasing load state courts remains unexplained.
result of increasing the number of cases for each judge gets deterioration consideration of each of the legal dispute.The desire to make a decision as quickly as possible is more than understandable, given the desire to meet in the designated legal deadlines and pressure from the load-distributing chairmen.
Increased state judges, however, also is not an effective solution to the problem, since it does not affect the trend of annual increase in the volume of civil cases.Load reduction can contribute pre-trial settlement of disputes.
Improving the mechanism of peaceful conflict resolution and voluntary duties have a positive impact on economic activity and the civil turnover in general.
For example, pre-trial settlement of tax disputes contributes to solving most of the problems in this area.But in practice, there are cases of improper performance of the competent authorities of their obligations.Pre-trial settlement of conflicts through the fault of individual officials can turn into additional and often burdensome for the party whose rights have been violated procedure.But this problem can be solved by strengthening the responsibility of supervising bodies.
Pre-trial settlement will not allow, for example, an unscrupulous insurance companies to violate the rights of their clients, forcing them to go to court to get the insurance amount specified size.In addition, it seems reasonable to introduce additional penalties for abusing their human enterprises.Payments arising from the proceedings costs are not material waste for unfair insurance company.
Pre-trial settlement of disputes as a legal institution has a huge potential.It can act as a means of unloading of ships and is a method to support the formation of civil society.Thus, pre-trial settlement - a mechanism to facilitate the establishment of the rule of law.
