Settlement agreement in civil and economic proceedings: a comparative aspect of research

Abstract

The article is devoted to a comparative legal study of the institution of a settlement agreement in the fields of civil procedural and economic procedural law.
 The significance of the settlement agreement in civil and economic processes is highlighted. It is stated that when concluding and approving a settlement agreement, the parties independently choose a way out of the conflict situation, and the court is freed from the obligation to consider the merits of the case for which proceedings have already been opened. The settlement agreement encourages the parties to voluntarily fulfill their obligations, reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in civil and commercial proceedings is an important procedural tool that contributes to the successful protection of the rights and interests of the parties to the dispute, as well as relieves the court's work in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is carried out. The purpose of the settlement agreement, the entities that have the right to conclude it, the procedure for approving the settlement agreement by the court, the caveats regarding the impossibility of concluding a settlement agreement and the procedural consequences generated by the settlement agreement are studied. The uniformity of the regulation of the specified issues by both procedural codes is noted.
 The changes related to the implementation of peace agreements are analyzed and the position of the legislator to equally solve the existing problems in this area is approved, since enforcement proceedings act as a common procedure for court cases of many court jurisdictions.
 On the other hand, the peculiarity of the regulation of the settlement agreement in economic proceedings, compared to civil proceedings, is noted. Attention is paid to the settlement agreement concluded in the bankruptcy case, which, although it is considered according to the rules of legal proceedings, nevertheless differs in its uniqueness, which affects the possibilities of closing the proceedings according to the concluded settlement agreement.
 It is concluded that the norms regulating the settlement agreement in the civil and economic process, despite minor differences, are included in the institute, which has an interdisciplinary nature. The similar nature of its legal norms requires unified management through the coordinated application of changes to the legal system by the legislator.