Abstract

The article is devoted to the search for a criterion for the applicability of a settlement agreement in matters of a public law nature. The dual nature of the settlement agreement is shown, combining both substantive and procedural features. The properties of a settlement agreement as an act of public, procedural law arise at the time of its approval by the court — however, at present, the legislation does not contain an answer to the question of which cases are subject to settlement and which are not. The author’s criterion for determining the admissibility of a settlement agreement in public law cases is proposed: the criterion of abstract or specific public law enforcement. The issues of concluding a settlement agreement on certain categories of cases of a public law nature, as well as on cases that combine both imperative and dispositive legal regulation, are considered.

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