The Peace Agreement in the Civil Process is an Important Instrument for the Resolution of Any Conflict
In the Civil Procedure Code ofArticle 34 provides for such a notion as a peace agreement. The essence of this is to achieve a strictly defined agreement between the conflicting parties (the plaintiff and the respondent).
An amicable agreement in the civil process maybe at any stage of the proceedings, but only until the announcement of the court decision. Also, the plaintiff's refusal from his claim and the subsequent signing of an agreement between the two parties is possible both in the appeal commission and in the executive court proceedings.
The main thing is that the conflict is exhausted andboth sides were ready for negotiations for a joint decision that would suit everyone. If the court announced its decision, the settlement agreement will not be taken into account.
In practice, the settlement in civilthe process can be submitted to the court as a single document signed by both parties, and with the help of separate statements by the plaintiff and the defendant. These statements are entered in the court record and filed. The chairman of the court session before the approval of this agreement brings to the parties the consequences of its signing. Further, the settlement agreement in the civil process, the sample of which contains the established information, is submitted to the court for consideration. What is stated in this document?
A model agreement in civil lawthe process necessarily contains information on the voluntariness of signing such an agreement, the essence of the conflict, the reason why the warring parties are ready to conclude a mutually beneficial agreement, including all kinds of concessions that each of the parties is ready to commit to the other, sharing all the costs and expenses either equally or proportionally.
It is very important that an amicable agreement, onlyapproved by the court, shall be strictly enforced by both parties. If it is violated, the conditions prescribed in it will be enforced compulsorily. The settlement in the civil processcan be approved by the court and concluded onlybetween conflicting parties, if it does not contradict the law and does not infringe upon the rights of other (third) persons who claim separate independent claims on the disputed issue. In the case of refusal to approve this agreement, the court issues its definition of the refusal, while indicating the reasons for such a decision, and then conducts the case on the merits of the matter.
In the case of approval of this agreement,repeated appeals to the court between the same parties and for the same reasons are permitted. But, despite the legal importance of concluding a mutual agreement of the parties and its possibilities, it does not always lead to the end of the proceedings.
It should also be noted that the settlement agreementcan be accepted by the conflicting parties and in the course of execution of the court decision, when the plaintiff already has a judicial act on hand, on the basis of which the writ of execution is written out. The essence of the settlement agreement at this stage is the voluntary execution of the judicial order without coercion by the state.
As a tool to resolve any conflictthe amicable agreement serves and helps the further development of mutual relations between both parties. And most importantly, this agreement is an expression of the parties' own will and their bilateral initiative. At the same time, the parties themselves determine the conditions for the resolution of the conflict and the extent of the possible concession on the nominated requirements.
Parties themselves determine the conditions for authorizationThis conflict and the size of a possible assignment on the requirements put forward. Therefore, just like other costs, court costs are repaid in the amounts provided by the agreement. If this is not provided for in the agreement, then these costs are distributed according to generally accepted rules for civil proceedings.