The Procedure for Concluding a Settlement Agreement in Civil Litigation

Abstract

In article explores the procedure for concluding a settlement agreement in civil proceedings. It is shown that in accordance with the current civil procedure legislation, the issue of approving a settlement agreement is considered at a court hearing with the mandatory participation of all interested parties. The paper critically evaluates the exception to this rule, expressed in the possibility of sending an application for approval of a settlement agreement in the absence of interested parties (Part 3 of Article 153.10 of the Civil Procedure Code of the Russian Federation, Part 3 of Article 141 Arbitration Procedure Code of the Russian Federation). In the course of the conducted research, it was found that in civil and arbitration proceedings, the issue of approving a settlement agreement concluded at the stage of preparing the case for trial is resolved differently. The author makes critical comments on this. It is argued that the approval of the settlement agreement reached at the stage of preparing the case for trial, both in civil and arbitration proceedings, should take place in the preliminary, and not the main court session.