The Peace Agreement in the Civil Process is an Important Instrument for the Resolution of Any Conflict

In the civil procedural code of Russia, article 34 provides for such a concept 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 settlement in a civil proceeding may be concluded at any stage of the proceedings, but only until the court decision is announced. Also, the plaintiff's refusal from his claim and the subsequent signing of an agreement between both parties is possible both in the appeal commission and in the executive court proceedings.

The main thing is that the conflict is exhausted and both sides are ready for negotiations for a joint decision that will suit everyone. If the court announced its decision, the settlement agreement will not be taken into account.

In practice, an amicable agreement in the civil process can be brought to court as a single document signed by both parties, and with the help of separate statements from 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. Then 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?

The model of the settlement agreement in the civil 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 side is willing to commit to each other, sharing all the costs and Costs either equally or proportionally.

It is very important that the settlement agreement, only approved by the court, is subject to strict implementation by both parties. If it is violated, the conditions prescribed in it will be enforced. The settlement in the civil process Can be approved by the court and concluded only between the conflicting parties, if it does not contradict the law and does not infringe on the rights of other (third) persons claiming separate independent claims on the disputable issue. In the case of refusal to approve this agreement, the court issues its definition of 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, a repeated appeal to the court between the same parties and for the same reasons is not allowed. 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 agreement can 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 amicable agreement at this stage is the voluntary execution of the judicial order without coercion by the state.

As an instrument for the settlement of any conflict, an amicable agreement serves and helps further development of the relationship between the two sides. And most importantly, this agreement is an expression of the parties' own will and their bilateral initiative. In this case, the parties themselves determine the conditions for the resolution of the conflict and the extent of the possible concession on the requirements put forward.

The parties themselves determine the conditions for the resolution of this conflict and the extent of the possible concession on the nominated requirements. Therefore, just like other expenses, court expenses 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.