SETTLEMENT AGREEMENT OF THE PARTIES WHEN CONSIDERING LAND DISPUTES IN THE CIVIL JUDICIARY OF UKRAINE: CURRENT ASPECTS OF LEGAL REGULATION

Abstract

The study is devoted to current problems of both civil and land law, as well as civil justice of Ukraine. The purpose of the article is to analyze the legal regulation regarding the resolution of land disputes in the civil court procedure with the help of a settlement agreement. The scientific article defines the legal nature of both the land dispute and the settlement agreement concluded in the course of civil proceedings. The author considers the land dispute as a complex legal relationship based on the conflict (disagreements) of the subjects of land relations, which arise in the process of the emergence, change, use (realization) and termination of the land rights and interests of the specified subjects, in connection with their non-recognition, contestation and violation, as well as land-related property and registration disputes that violate the rights and legitimate interests of owners and land users of land plots. The importance of concluding a settlement agreement can be seen in the fact that such an agreement can be concluded by the parties to the conflict both at the pre-trial stage and during the trial. It has been proven that one of the effective and short-term ways of settling land disputes in civil proceedings is the conclusion and signing of a settlement agreement by the parties, with the subsequent improvement of Ukrainian legislation in terms of granting the right to conclude settlement agreements in electronic form. The proposed author's definition of a settlement agreement in the consideration of land disputes is a written document voluntarily entered into by the parties to a land dispute (conflict) with the aim of its settlement, through mutual concessions, on mutually beneficial terms, in accordance with current legislation (in particular, land and civil) and is subject to approval in court. The parties to a land dispute have the right to go beyond the boundaries of the land dispute in a settlement agreement in civil proceedings, however, without violating the rights and interests of third parties.