| Abstrakt: |
The relevance of the declared topic of scientific research is determined by the specifics of the agreement based on the results of mediation and settlement agreement. Land disputes are complex categories of cases that require significant financial costs and long-term consideration. Therefore, the use of conciliation procedures aimed at a quick settlement of the land conflict is relevant. Effective forms of reconciliation in land disputes are mediation and conciliation. The article is aimed at determining the specifics of the agreement based on the results of mediation and its correlation with the settlement agreement. The leading methods of research are dialectical and systemic methods that allow considering the legal nature of contractual forms of reconciliation. The system method makes it possible to determine the specifics of the agreement based on the results of mediation and settlement agreement. In this scientific study, the content of the agreement was determined based on the results of mediation and the procedure for recognizing the settlement agreement was characterized. The necessity of distinguishing these procedures taking place at any stage of court proceedings and reflecting such differences in the court's decision regarding the recognition of agreements between the parties is substantiated. The theoretical significance of this article consists in the analysis and systematization of the main legal aspects of distinguishing between a settlement agreement and an agreement based on the results of mediation, defining the differences between these two legal constructions, and revealing their legal nature. The practical significance of the article lies in the recommendations for legal registration and resolution of conflicts through mediation or the conclusion of a settlement agreement. It can be useful for lawyers, judges, mediators and all interested parties involved in dispute resolution who wish to understand the differences between these two legal remedies. [ABSTRACT FROM AUTHOR] |
