Судебный контроль за мировыми соглашениями: пределы и ограничения

Abstract

Issues of judicial control over the result of conciliatory activities of the parties are analysed. The limits of the court’s control activities are determined when it approves the settlement agreement. The legal nature of reconciliation outcomes is explored in the context of specific types of conciliatory procedures: mediation, negotiation, judicial mediation. As a result of an analysis of doctrine and judicial practice, the author concludes that it is advisable to transfer the authority to certify and examine the results of any conciliatory procedures to a notary.