Form and content of amending agreement in civil procedure

Abstract

The article is devoted to the analysis of the main theoretical and practical problems of concluding an amicable agreement in civil proceedings. The author considers the amicable agreement as a complex tool that has a material and procedural nature, and this, in turn, affects the order of its conclusion. The importance of compliance with the substantive and procedural norms that determine the procedure for concluding an amicable agreement, which would not otherwise be able to affect either the substantive or civil procedural relations, is noted.
 The author notes that the form of amicable settlement in civil proceedings is governed by civil procedural law, which requires the parties to submit to the court a joint written statement signed by both of them, which should set out the terms of the amicable settlement. The position of the legislator on the importance of concluding an amicable agreement in a single document to prevent abuse of the right to conclude an amicable agreement is supported. Taking into account the novelties of the current civil procedural legislation of Ukraine regarding the formation of the e-justice system, a conclusion is made on the possibility of concluding an amicable agreement in electronic form, which must be certified by electronic signatures of both parties.
 It is noted that the issue of the content of the amicable agreement in the legislation of Ukraine is poorly regulated, as in the substantive legislation there is no mention of the amicable agreement, and in the civil procedural terms of the amicable agreement is poorly defined. Due to this, in practice there are many cases when the courts do not approve the amicable agreement and continue to consider the civil case, because the parties thus determine the content of the amicable agreement that it does not comply with applicable law or violates the rights and interests of others. It is argued that in the content of the amicable agreement, the parties may define not only substantive rights and obligations, but also procedural (in particular, the right to reimbursement of court costs).