Problem Aspects of the Conclusion of the Settlement Agreement and Approval of It by the Court in the Commercial Procedure

The master's thesis is focused on the examination of the institute of the settlement agreement, as one of the methods of termination of litigation. Considerable attention is paid to historical and legal analysis of the institution of a settlement agreement, a comprehensive analysis of literature and legal positions within the framework of the arbitration process, determining the legal nature of the settlement agreement and determining the basic requirements. The paper also covers analysis of the specifics of a settlement agreement conclusion at different stages of the arbitration process. The main focus of the master's thesis is made on the study of problems related to the application of existing procedural rules in practice. The study includes the analysis of the judicial acts of the highest judicial instances, their explanations on the application of procedural legislation, judicial practice relating to the issue under study. The problematic aspects, insufficient regulation of which can lead to abuse of rights, are identified and described in detail. It is noted that the current legislation needs to be amended in the following way: the implementation of an additional procedure for filing an independent complaint if a party fails to comply with the settlement agreement, the establishment of additional criteria and restrictions applicable to the terms of the settlement agreement. The need for additional clarification of higher courts is highlighted.