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Bulletin of Abai KazNPU. Series of Jurisprudence

LEGAL SIGNIFICANCE OF THE CONCILIATION AGREEMENT IN THE ENFORCEMENT PROCEEDINGS

Published March 2023
Abai Kazakh National Pedagogical University
Abstract

In the article, enforcement proceedings are the last stage of a specific civil process, first of all, the features of the legislation regulating the conciliation agreement between the recoverer and the debtor are taken into account, as well as the main directions for increasing the effectiveness of their application in practice. Today, the development of enforcement proceedings for the regulation of conciliation agreements at the executive stage and their protection are the main tasks of state policy. To restore the rights of citizens and ensure their protection, various legal instruments are used: mediation with the help of pre-trial mediators. the conclusion of a settlement agreement out of court, a settlement agreement in court and the stage of execution are discussed.

However, the conciliation agreement is closely related to the essence of the civil process, which is aimed at its creation. “A distinctive feature of civil proceedings is the full powers of its parties. So, if the parties to a certain civil process can come to a conciliation agreement both before and outside the enforcement proceedings, or can refuse it altogether, then there is no reason to deprive them of the same free exercise of their rights during the process.

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