An amicable agreement is an agreement between the plaintiff and the defendant to terminate the litigation, approved by the court. The essence of the settlement agreement is reduced to a mutually beneficial compromise. However, in practice, there are cases when one of the parties remains dissatisfied with the terms of the agreement or, due to some circumstances, both parties would like to change its terms. How can this be done in practice?
It is necessary
- - a complaint to the appropriate court;
- - the text of the settlement agreement with the amended terms;
- - a petition for the approval of a revised settlement agreement;
- - a receipt for payment of the state duty.
If an amicable settlement is signed, but you do not agree with its terms, notify the judge who is considering the case. It is necessary to make such a statement before the court decides on the approval of the settlement agreement. Think in advance and decide on what conditions you are ready to conclude a settlement agreement with the opposite party, and petition the court for time to finalize the settlement agreement.
After the approval of the settlement agreement by the court, it becomes binding on the signatory parties. On the approval of the settlement agreement, as mentioned above, the court makes an appropriate ruling. It is through the appeal of such a determination that it is possible to achieve a change in the conditions established by the amicable agreement. Depending on which court considered the case - a court of general jurisdiction or an arbitration court - follow the recommendations set out in steps 3 or 4. In all these cases, submit for approval to the court to which you are filing a complaint a new version of the settlement agreement agreed with the opposite party litigation, as well as a petition for the approval of a revised settlement agreement.
If the case was considered by a court of general jurisdiction (district court, magistrate), use the following opportunities to appeal: - from January 1, 2012, a new version of Article 331 of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation) begins to operate, according to which the court ruling on the approval of the agreement, an ancillary complaint may be filed within 15 days from the date of such determination. The rulings of the magistrate are appealed to the district court, rulings of the district court - to the regional or other equivalent to the regional courts; - a court ruling on the approval of the settlement agreement that has entered into legal force, you have the right to appeal by way of revision due to newly discovered circumstances. The circumstances that may serve as the basis for such an appeal are defined in Article 392 of the Code of Civil Procedure of the Russian Federation. The complaint is considered by the same court that issued the ruling. The deadline for filing a complaint is 3 months from the date on which the grounds for reconsideration of the case are established.
If the case was considered by an arbitration court, appeal against the ruling on the approval of the amicable agreement as follows: - The Arbitration Procedure Code (APC RF), part 8 of Art. 141, establishes that the ruling on the approval of an amicable agreement can be appealed by way of cassation within a month from the date of its adoption. A cassation appeal is filed through the court that considered the case in the first instance; - a court ruling on the approval of the settlement agreement that has entered into legal force, you also have the right to appeal in the procedure of revision due to newly discovered circumstances. The circumstances that may serve as the basis for such an appeal are defined in Article 311 of the Arbitration Procedure Code of the Russian Federation. As in the case of the courts of general jurisdiction, the court that issued the ruling is empowered to consider the complaint.