Yurash I. Settlement Agreement in Civil Proceedings

In the thesis, for the first time since the thorough renewal of civil justice in 2017, a systematic and comprehensive theoretical-applied study of the settlement agreement in the civil proceedings of Ukraine was conducted. The legal nature of the settlement agreement in the civil process was studied using three concepts: material, procedural and complex (dualistic). The essence of the settlement agreement in civil process is expressed with the help of signs that characterize the studied legal phenomenon: a) the settlement agreement is aimed at settling a dispute about the right or at changing the method of the violated right’s protection, freedom or interest determined by the court; b) the achievement of the goal of the settlement agreement takes place in the form of mutual concessions (which may or may not be proportionate) in disputed (defined) material relations or without such a form in procedural relations; c) the settlement agreement depends on the material (contractual and non-contractual) legal relationship that is the subject of court proceedings, and the procedural legal relationship that arises as a result of the consideration and resolution of a civil case; d) the settlement agreement has a civil procedural form, without which it is devoid of legal effect.