In her dissertation work, for the first time in the theory of civil procedural law, the author carried out a comprehensive analysis of the mechanisms for protecting the rights and interests of the defendant in civil proceedings, which made it possible to determine the shortcomings of the legislative regulation of the remedies belonging to him. In her work, the author investigated procedural guarantees for the protection of the rights and interests of the defendant in civil proceedings, established the content of the concept of protection of the rights and interests of the defendant and the means of such protection, and also developed a classification of such means.
In the study, the author identified the peculiarities of the purpose of protecting the rights and interests of the defendant, which may consist in a complete or partial refusal to satisfy the plaintiff's claims, reducing the size of such claims, replacing with another defendant or bringing in a defendant.
The author justified the appropriateness of determining a settlement agreement as a means of protecting the rights and interests of the defendant, which has the following characteristics: the connection of its parties with certain subjective rights and obligations in relation to each other; the precondition for the conclusion of a settlement agreement is to apply to the court with claims; the purpose of settling the dispute in the sense of a settlement agreement is to consolidate the results of the reached compromise in the form of a civil law transaction; the failure of the defendant to apply other remedies in relation to the subject matter of the dispute; reciprocity of concessions of the parties to the settlement agreement; a special form of settlement agreement; enforceability of the definition of approval of a settlement agreement.
The author also proved the need for legislative regulation to establish deadlines for withdrawing to the updated claims, which must be established by the court and cannot be less than fifteen days from the date of the decision to extend the period of the preparatory court hearing.
In the work, the author determined the directions for improving the civil procedural legislation on the regulation of the defendant's protective equipment and formulated specific proposals for amending the settlement of relations in the area under study.
Key words: defendant, litigation, civil procedure, defendant's remedies, counterclaim, denial, objections, amicable agreement, involvement of a third party without independent claims, withdrawal of the claim, counter security, recognition of the claim.
