Tkachenko M. Settlement agreement and conciliation in tsivilistic process.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100451

Applicant for

Specialization

  • 081 - Право. Право

19-02-2021

Specialized Academic Board

ДФ 26.001.098

Taras Shevchenko National University of Kyiv

Essay

The presented work is one of the first comprehensive scientific studies of legal relations on the conclusion and approval of an settlement agreement and analysis of other conciliation procedures in the updated civil proceedings and enforcement proceedings. The dissertation presents a new solution to the existing problems of protection and restoration of rights of persons in civil proceedings and enforcement proceedings by providing reconciliation of optimized and specific features and by improving the conditions of concluding, recognizing and approving the settlement agreement, which allowed a broader understanding of how to suggest ways to improve domestic legislation, as well as improve the quality of judges and executors work. The settlement agreement is analyzed through the prism of the preconditions for concluding an settlement agreement, the peculiarities of presenting it to the court, as well as the characteristics of its recognition by the court, approval and elimination of identified shortcomings. The subjective composition of the persons who should take part in its conclusion is defined and the circle of interested persons who by virtue of their interests can object to its recognition by court is established and that as a result should provide more reliable protection and protection of the rights and interests of the persons in civil and enforcement proceedings.

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