Нотариально удостоверенное медиативное соглашение: вопросы правовой природы и исполнения

Abstract

The article discusses the nature of a notarized mediation agreement and the features of its execution. It is shown that the mediation agreement has the status of a civil law transaction, contract, and does not have public law properties, including enforceability. The properties of a mediation agreement are analyzed in terms of its notarization. It has been established that indisputable, out-of-court execution is possible only in relation to those notarized mediation agreements that regulate property relations. The absence of an alternative nature of a notarized mediation agreement was stated, which does not prevent its parties from applying to the court with identical requirements. The procedure for considering disputes arising from notarized transactions, in the order of writ proceedings, has been criticized due to its inefficiency. It is proposed to establish the indisputable execution of all types of notarized mediation agreements, and to fix the presence of a notarized mediation agreement as a basis for refusing to accept a statement of claim containing identical requirements. It is recommended to review the status of notarized agreements as evidence in the civil process.