A settlement is a plaintiff and defendant agreement to terminate litigation, approved by the court. The essence of the settlement agreement comes down to a mutually beneficial compromise. However, in practice, there are cases when one of the parties is unsatisfied with the terms of the agreement or, due to some circumstances, both parties would like to change its terms. How to put this into practice?
You will need
- - a complaint to the relevant court;
- - text of a settlement agreement with amended conditions;
- - petition for approval of a new settlement agreement;
- - receipt of state duty.
Instruction manual
1
If a 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 makes a decision on the approval of the settlement agreement. Think in advance and decide on the conditions under which you are ready to conclude a settlement agreement with the opposite side, and petition the court to allow time to finalize the settlement agreement.
2
After the settlement is approved by the court, it becomes binding on the signatories. As stated above, the court makes an appropriate determination on the approval of a settlement agreement. It is through appeal of such a determination that a change in the conditions established by an amicable agreement can be achieved. Depending on whether the court examined the case - a court of general jurisdiction or an arbitration court - be guided by the recommendations set out in steps 3 or 4. In all these cases, submit for approval the court in which you file a complaint, a new version of the settlement agreement, agreed with the opposite party court dispute, as well as a petition for approval of a settlement agreement in a new edition.
3
If the case was examined by a court of general jurisdiction (district court, justice of the peace), use the following appeal options: - from January 1, 2012, the new version of Article 331 of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation) begins to apply, in accordance with which the court ruling on the approval of the peace agreement may be filed a private complaint within 15 days from the date of the determination. The decisions of the justice of the peace are appealed to the district court, the decisions of the district court are appealed to the regional or other courts equivalent to the regional ones; - you have the right to appeal the court ruling on the approval of the settlement agreement by way of review due to newly discovered circumstances. The circumstances that may serve as the basis for such treatment are defined in article 392 of the Code of Civil Procedure of the Russian Federation. The complaint is reviewed by the same court that issued the determination. The deadline for filing a complaint is 3 months from the date of establishing the grounds for reviewing the case.
4
If the case was considered by the arbitration court, appeal the decision on the approval of the settlement agreement as follows: - Arbitration Procedure Code (APC of the Russian Federation), part 8 of article 141, establishes that the decision on the approval of a settlement agreement may be appealed on an appeal basis within one month from the date of its adoption. A cassation appeal is filed through a court that has examined the case in the first instance; - a court ruling on the approval of a settlement agreement that has entered into legal force is also entitled to appeal in a review procedure for newly discovered circumstances. The circumstances that may serve as the basis for such treatment are defined in article 311 of the APC of the Russian Federation. As in the case of courts of general jurisdiction, the court that issued the determination is authorized to consider the complaint.
Useful advice
Carefully study the requirements of the Code of Civil Procedure of the Russian Federation or the agro-industrial complex of the Russian Federation regarding the processing of the corresponding complaint. Do not forget to pay the state fee.
