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MEDIATION AGREEMENTS IN THE NOTARY’S ACTIVITIES AND IN ENFORCEMENT PROCEEDINGS (BASED ON THE MATERIALS OF THE REGIONAL SCIENTIFIC-PRACTICAL ROUND TABLE IN VORONEZH)

MEDIATION AGREEMENTS IN THE NOTARY’S ACTIVITIES

AND IN ENFORCEMENT PROCEEDINGS

(BASED ON THE MATERIALS OF THE REGIONAL SCIENTIFIC-PRACTICAL

ROUND TABLE IN VORONEZH)

D.G. FILCHENKO,

Candidate of Legal Sciences, Associate Professor,

Department of Civil Law and Procedure, Voronezh State University

I.G. FILCHENKO,

Candidate of Legal Sciences, Associate Professor,

Department of Civil Law and Procedure, Voronezh State University

O.N. SHEMENEVA,

Doctor of Legal Sciences, Professor, Department of Civil Law and Procedure,

Voronezh State University

E.A. EVTUKHOVICH,

Lecturer, Department of Civil Law and Procedure,

Voronezh State University

DOI: 10.24031/2226-0781-2020-10-3-281-299

The article analyses the problems associated with the recognition of notarized mediation

agreements as an executive document. The procedure for certification of a mediation

agreement by a notary, the grounds for refusing to certify it, the possibility of changing

a notarized mediation agreement and the requirements for a mediation agreement as an

executive document are considered separately. The authors focus on the fact that the parties

to a mediation agreement to a notary to certify the agreement is their right. A comparative

analysis of mediation agreements, agreements on the payment of alimony and executive

inscriptions is given. Special attention is paid to the powers of a notary, allowing to refuse

to certify a mediation agreement for various reasons. The paper contains an analysis of

the provisions of the law on mediators, the requirements for them and their status in the

procedure of notarization of mediation agreements. A special place in the work is occupied

by the question of the requirements to which the mediation agreement must comply as an

executive document. Attention is drawn to the powers of the bailiff in the execution of the

mediation agreement. It is noted that in order to eliminate the revealed contradictions,

changes and additions to the current procedural legislation and legislation on enforcement

proceedings are necessary.

Keywords: mediation; mediator; reconciliation; mediation agreement; notary; writ of

execution; enforcement proceedings; bailiff.

Information about the author

D.G. Filchenko (Voronezh, Russia) – Candidate of Legal Sciences, Associate Professor,

Department of Civil Law and Procedure, Voronezh State University (1 Universitetskaia

Sq., Voronezh, 394036, Russia; e-mail: [email protected]).

I.G. Filchenko (Voronezh, Russia) – Candidate of Legal Sciences, Associate Professor,

Department of Civil Law and Procedure, Voronezh State University (1 Universitetskaia

Sq., Voronezh, 394036, Russia; e-mail: [email protected]).

O.N. Shemeneva (Voronezh, Russia) – Doctor of Legal Sciences, Professor, Department

of Civil Law and Procedure, Voronezh State University (1 Universitetskaia Sq.,

Voronezh, 394036, Russia; e-mail: [email protected]).

E.A. Evtukhovich (Voronezh, Russia) – Lecturer, Department of Civil Law and

Procedure, Voronezh State University (1 Universitetskaia Sq., Voronezh, 394036, Russia;

e-mail: [email protected]).

Recommended citation

Filchenko D.G., Filchenko I.G., Shemeneva O.N., Evtukhovich E.A. Mediativnye

soglasheniia v notarial’noi deiatel’nosti i v ispolnitel’nom proizvodstve (po materialam

regional’nogo nauchno-prakticheskogo kruglogo stola v Voronezhe) [Mediation Agreements

in the Notary’s Activities and in Enforcement Proceedings (Based on the Materials

of the Regional Scientific-Practical Round Table in Voronezh)]. Vestnik grazhdanskogo

protsessa – Herald of Civil Procedure, 2020, vol. 10, no. 3, pp. 281–299. (In Russ.)

https://doi.org/10.24031/2226-0781-2020-10-3-281-299

D.G. FILCHENKO, I.G. FILCHENKO, O.N. SHEMENEVA, E.A. EVTUKHOVICH