The article outlines the understanding of a settlement agreement in enforcement proceedings (i.e. concluded during the enforcement of a decision), distinguishes it from a settlement agreement during court proceedings, substantiates the possibility of using mediation as a prerequisite for concluding a settlement agreement, and analyzes the procedure for its conclusion and the consequences of its approval by the court. The task of the so-called non-criminal judiciary is the fair, impartial and timely consideration and resolution of civil cases, disputes related to the implementation of economic activities, and consideration of other cases referred to the jurisdiction of the commercial court and disputes in the field of public legal relations with the aim of effective protection of violated, unrecognized or contested rights, freedoms or interests of natural persons, rights and interests of legal entities, interests of the state (with features established by the CAP of Ukraine regarding protection against violations by subjects of authority).

The purpose of the article is to outline the understanding of a settlement agreement in enforcement proceedings (i.e. concluded in the process of enforcement a decision), distinguishing it from a settlement agreement during court proceedings, substantiating the possibility of using mediation as a prerequisite for concluding a settlement agreement, as well as analyzing the procedure for its conclusion and the consequences of approval her trial The object of the study is the relationship between the parties to the enforcement proceedings regarding the conclusion of a settlement agreement on the basis of the Law of Ukraine “On Enforcement Proceedings” and in accordance with the procedural legislation.

Enforcement as an element of the binding nature of a court decision should also be characterized by a focus on protecting the rights and interests of a person, which is also accompanied by the active action of the debt collector. The possibility of settling relations at the stage of court proceedings is a manifestation of dispute resolution. It was concluded that despite the imperativeness of the norms of procedural legislation for the parties to the proceedings, even after the adoption of the final decision, there is an opportunity to regulate relations among themselves in a contractual way. Such discretion allows not only to resolve disputes between individuals, but also to limit state interference in private relations.

The analysis of the development of legislation allows us to draw a conclusion about the expansion of alternative ways of resolving disputes, in particular, reaching a settlement agreement in enforcement proceedings through mediation. Judicial control over the content of the settlement agreement is fairly balanced at the stage of court proceedings, however, there are separate norms that are subject to additional scientific and legal evaluation in view of the protection of the rights and interests of the executor, the possibility of his preliminary control over the content of the settlement agreement in enforcement proceedings.

Bibliography

Authored books

1. Bobryk V, Dyferentsiatsiia tsyvilnoho sudochynstva: metodolohiia, stan i perspektyvy (Helvetyka 2020) (in Ukrainian).

2. Kochyn V, Pravove rehuliuvannia tsyvilnykh vidnosyn u nepidpryiemnytskykh tovarystvakh ta ustanovakh v umovakh adaptatsii do pravovoi systemy Yevropeiskoho Soiuzu (Academician F H Burchak Scientific Research Institute of Private Law and Entrepreneurship of NALS of Ukraine 2020) (in Ukrainian).

Edited books

3. Hopt K, Steffek F (eds), Mediation. Principles and Regulation in Comparative Perspective (Oxford University Press 2013) (in English).

4. Dzera O, Luts V, Kuznietsova N (eds), Naukovo-praktychnyi komentar Tsyvilnoho kodeksu Ukrainy, t 1 (3rd edn, Yurinkom Inter 2008) (in Ukrainian).

5. Hetman A, Borysova V (red), Dohovir yak universalna pravova konstruktsiia (Pravo 2012) (in Ukrainian).

6. Verba-Sydor O (red), Alternatyvni sposoby vyrishennia tsyvilnykh sporiv za zakonodavstvom Ukrainy: navchalnyi posibnyk (Lviv State University of Internal Affairs 2021) (in Ukrainian).

Journal articles

7. Sakara N, ‘Zmist ta pravova pryroda yurydychnoho sporu’ (2017) 1 Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia Pravo 63 (in Ukrainian).

8. Tkachenko M, ‘Rol ta interesy vykonavtsiv ta inshykh osib pry ukladenni ta zatverdzhenni myrovoi uhody, yaka maie mistse u vykonavchomu provadzhenni, sudom’ (2019) Chasopys Kyivskoho universytetu prava 160 (in Ukrainian).

9. Verba O, ‘Osoblyvosti vyznannia sudom myrovoi uhody na stadii vykonavchoho provadzhennia’ (2008) Naukovyi visnyk Lvivskoho derzhavnoho universytetu vnutrishnikh sprav. Seriia yurydychna 1 (in Ukrainian).

Theses

10. Khokhlova I, Lohoida K, ‘Myrova uhoda u vykonavchomu provadzhenni: pravova pryroda ta praktyka vykorystannia’ v World science: problems, prospects and innovations. Abstracts of the 3rd International scientific and practical conference (2020) (in Ukrainian).