Restrictions on the right to conclude a peaceful agreement in the civil procedure of post-state states: comparative legal aspect of research.
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Анотація
In this article, the authors analyze the legislative restrictions of
post-Soviet countries on the impossibility of exercising the right to conclude an amicable agreement in civil proceedings. An analysis of the normative enshrinement
of these legislative restrictions and concluded that the legal institution of amicable
settlement should be enshrined in the first sections of procedural codes with a
detailed description of the amicable settlement procedure and reservations about
the impossibility of this, as it belongs to the general part of civil procedural law.
Such an approach will help to save the normative material in the codified act and
adequately apply the institution of amicable settlement by all courts. Restrictions
on the right to conclude an amicable agreement in civil proceedings by the authors
are divided into three groups. These groups of restrictions on the right to conclude
an amicable agreement are analyzed in terms of substantive and procedural law
of post-Soviet countries, the practice of its application by the judiciary and the
legal doctrine prevailing in the state. As a result of comparative legal research, it
was concluded which restrictions on the right to conclude an amicable agreement
should be left, and which should be abandoned or not allowed such wording.
Опис
Thus, a review of post-Soviet legislation on the enshrinement of
restrictions on the right to conclude an amicable agreement shows that the vast
majority of countries address this issue in the same way, especially with regard
to the scope of these restrictions. To some extent, this is due to the common Soviet past, where all-Union legislation was first developed, which was in fact later
duplicated by the union republics (at present, this practice has been partially duplicated by some post-Soviet Central Asian republics, including Kazakhstan), and
as well as unification processes taking place in the post-Soviet space. However,
each post-Soviet country has its own national differences on the proviso that it
is impossible to conclude an amicable agreement in a certain category of civil
matters, showing the limits of dispositive freedom.
It should be noted that a number of post-Soviet countries that are members of the European Union (Moldova, Estonia) have a fairly smooth system of
grounds that do not allow the court to approve an amicable settlement in civil
proceedings. Such a situation allows for a more balanced and transparent entry
into the sphere of autonomy of the parties to a civil case, without abusing the
judiciary. Ukraine should take this legislative practice into account, taking into account its European integration processes. However, given the relatively high level
of corruption that persists in Ukrainian courts, there are no grounds to limit the
right to conclude an amicable agreement through the use of valuation concepts.
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ISSN
2734-8873
Ключові слова
civil process, post-Soviet countries, peace agreement, restrictions.
Бібліографічний опис
Buletsa Sibilla, Fennych Vasyl, Yurash Ivan. Restrictions on the right to conclude a peaceful agreement in the civil procedure of post-state states: comparative legal aspect of research. European socio-legal and humanitarian studies. № 2, 2022. Pp. 30-47.