Regarding the application of the terms «peace agreement», «аgreement on conciliation», «conciliation statement» in national procedural legislation

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement.