SETTLEMENT AGREEMENT: PROBLEMS AND PROSPECTS

SETTLEMENT AGREEMENT: PROBLEMS AND PROSPECTS

Authors

  • Lidia TUMANOVA Tver State University

Keywords:

reconciliation, settlement agreement, conflict, pre-trial agreement, principles, task of the court to reconcile the parties

Abstract

The object of the study is the settlement agreement as the essence, purpose and result of reconciliation. The purpose of the article is to show the significance of the settlement agreement, the need for further scientific research and additional procedural regulation of the conduct of conciliation procedures and the approval of settlement agreements. The task was to remember the scientific heritage of R.E. Ghukasyan on the issue of amicable agreement and, on the basis of this, to identify ways to expand the use of amicable agreements to resolve conflict situations. One of the methodological methods of the study was the use of the content of the story by N.V. Gogol "How Ivan Ivanovich quarreled with Ivan Nikiforovich". The necessity of expanding the list and clarifying the content of the main procedural principles in order to provide real conditions for the judge to perform the task of reconciling the parties is substantiated. The special importance of confidentiality during conciliation procedures was noted. As a prospect for the development of amicable agreements, the development of pre-trial agreements and, accordingly, the consolidation of a new type of legal proceedings, in the order of which the court will give pre-trial agreements the force of a judicial act, is highlighted

Author Biography

Lidia TUMANOVA, Tver State University

Honored Lawyer of the Russian Federation, the doctor of the Legal Sciences, Professor professor of the department of judiciary and Law Enforcement Affairs

Published

2023-10-12

Issue

Section

Актуальные вопросы науки и правоприменительной практики
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