Code of Civil Procedure of Russia in article 34 provided such a thing as a global agreement.The essence thereof is to achieve well-defined agreement between the parties (plaintiff and defendant).
The settlement agreement in civil proceedings may be at any stage of conducting the proceedings, but only until the announcement of the court decision.The refusal of the claimant from its claim and the subsequent signing of the agreement between the two parties is possible and Appeals Commission and the executive proceedings.
The main requirement is that the conflict was over, and both sides were willing to negotiate 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, the settlement agreement in civil proceedings may be submitted to the court as a single document signed by both parties, and by means of certain statements made by the plaintiff and the defendant.These statements are made in the trial protocol and filed the case.Chairman of the court session prior to the approval of this agreement brings to side effects of its signing.Further, the settlement in the civil proceedings, which contains a sample set information shall be submitted to the court.As indicated in this document?
sample of a settlement agreement in civil proceedings must contain information about the voluntary signing itself, the essence of the conflict, the reason for which the warring parties are ready to conclude a mutually beneficial agreement, including all kinds of concessions that is ready to make each of the parties with respect to the other, sharing with all receivedcosts and expenses of any equally or proportionately.
is very important that a settlement agreement approved by the court only shall be strictly complied with by both parties.If you violate it, the conditions prescribed therein, will be executed by force.The settlement agreement in civil proceedings be approved by the court and signed only between the conflicting parties, if it is not contrary to the law and does not infringe upon the rights of other (third) persons claiming individual independent claims on the disputed issue.In the case of failure in approving this agreement, the court shall give its ruling on the refusal, said the reasons for such a decision, and then carries out the proceedings on the merits.
In the case of the approval of this agreement is not allowed re-application to the court between the same parties and on the same grounds.But despite the legal importance of concluding mutual agreement of the parties, and it may not always it leads to the end of legal proceedings.
should also be noted that the settlement agreement may be made parties to the conflict and during the execution of the decision of the court where the plaintiff has been in the hands of the judicial act on the basis of which the writ is issued.The essence of the settlement agreement at this stage is voluntary execution of a court order without coercion from the state.
As an instrument of settlement of any conflict settlement agreement to serve and help the further development of relations between the two sides.And most importantly - this agreement is an expression of self-will of the parties and their bilateral initiatives.The parties themselves determine the terms of settlement of the conflict, and the size of possible concessions on the set requirements.
parties themselves determine the conditions of the conflict resolution and size of possible concessions on the set requirements.Therefore, as well as other expenses, court costs are paid off in the amount stipulated in the agreement.If this is not provided for in the Agreement, then these costs are distributed according to the standard rules for civil proceedings.
