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Legal Regulation of the Settlement Agreement

ФИО студента: Evgeny Kuznetsov

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2016

The present thesis paper is dedicated to researching of problems connected with conclusion of the settlement agreement in the arbitration procedure. The purpose of the work is to define the most acute problems connected with application of the concept of the settlement agreement, as well as to propose the most relevant options of resolving of such issues. Thus, Chapter 1 of the thesis paper is dedicated to conduction of comparative legal research on how the concept of the settlement agreement is regulated by different Russian procedural laws – the Commercial Procedure Code, Civil Procedural Code and Administrative Procedural Code. As a result of the conducted research, the author has identified a number of legal rules to be implemented to the Commercial Procedural Code. The possibility of such implementation is analyzed in Chapter 2 and 4. Chapter 2 is dedicated to the issues connected with the form of approval of the settlement agreement. The author makes a conclusion of the proper form of such an approval, given that the procedural implications of existing forms of approval differ. Then, the author analyses the problem of procedural perspective of previous court decisions in case the settlement agreement is concluded in the next court instance. Chapter 3 is dedicated to legal analysis of the limits of the settlement agreement. The author proposes a conclusion that no respective amendments shall be introduced to the Commercial Procedure Code at this time. Chapter 4 is dedicated to the issues connected with possibility and legal limits of conclusion of the settlement agreement with public authorities within action and public proceedings. The respective amendments to the Commercial Procedure Code are proposed, too. The methodological basis of the paper is the complete legal research of the wide court practice on the conclusion of the settlement agreement, inter alia, from the perspectives not covered by current theoretical knowledge.

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