Legal Nature and Content of the Agreement Based on the Results of Pre-Trial Settlement Administrative and Legal Disputes

The article clarifies the essence and reveals the content of the legal nature of an agreement based on the results of the pre-trial settlement of administrative and legal disputes. The content of the agreement based on the results of the pre-trial settlement of public law disputes is investigated. As a result of the study, it is established that scholars often refer an agreement based on the results of pre-trial settlement of a public law dispute to a certain branch of law, namely, they consider it to be a type of civil law or administrative law contract. The author identifies the essential features of an agreement based on the results of the procedure for pre-trial settlement of administrative and legal disputes. The author analyses the main problematic aspects of determining the legal nature of an agreement concluded by the parties to a public law dispute following the pre-trial dispute resolution procedure. The author establishes that if pre-trial settlement of public law disputes is distinguished as an independent procedure, there will be no need for additional procedural mechanisms for certification of the agreement on reconciliation of the parties based on the results of pre-trial settlement of a dispute. The author concludes that an agreement on the results of pre-trial dispute settlement is a favourable pre-trial means of dispute resolution which allows the parties which have entered into such an agreement to achieve satisfactory results, resolve their problems and save time and resources of the court for the administration of justice. It is concluded that an agreement on the results of pre-trial settlement of an administrative legal dispute is concluded in the number of copies in accordance with the number of parties – one for each party and one copy for a judge-mediator (mediator) and comes into force on the day of its approval by a judge of a district administrative court.