Мирова угода як спосіб примирення сторін у цивільному судочинстві: порівняльно-правовий аспект

The article examines the settlement agreement as one of the most effective ways of reconciling the parties and is the result of their mutual agreement. It involves voluntary agreement on conditions that satisfy the interests of both parties. The essence and legal nature of the settlement agreement are determined, its main elements, form, content and procedure for conclusion are determined. The procedural procedure for concluding and approving settlement agreements in civil proceedings is analyzed. Civil procedural legislation provides for the mandatory approval of settlement agreements by the court, but does not provide sufficient detailing of the procedures for concluding and amending them. Special attention is paid to the legal consequences of concluding a settlement agreement and its role in ensuring the rights of the participants in the process. The features of the settlement agreement in enforcement proceedings are considered, in particular its significance as a way of resolving conflicts at the stage of enforcing court decisions. The regulatory and legal regulation of this institution in Ukraine and practical aspects of application are analyzed. The role of a settlement agreement as a way to optimize enforcement proceedings is determined, in particular by minimizing costs, reducing the terms of execution of decisions and reducing confrontation between the parties. It is noted that the CPC of the Republic of Poland provides for a procedural procedure for concluding settlement agreements, which is more flexible and detailed, which contributes to increasing the efficiency of its application. The study identified the main problems that hinder the effective use of settlement agreements in Ukraine. The need to harmonize national legislation with European standards and adapt experience to improve procedural regulation is substantiated. Problems that arise during the conclusion and implementation of a settlement agreement are considered, including failure of the parties to comply with the principles of good faith, violation of the rights of third parties and gaps in the legislation. A number of recommendations are formulated, in particular regarding the establishment of clear requirements for the form of settlement agreements. Improving the procedural procedure will ensure a balance of interests of the parties and increase the efficiency of judicial proceedings.