INFLUENCE VOLUNTARY SATISFACTION OF THE CLAIMS 

OF THE DEFENDANT ON THE DYNAMICS AND RESULTS 

OF CIVIL PROCEDURE 

S.F. AFANASIEV, 

Doctor of Legal Sciences, Professor, Head of the Chair of the Arbitration Procedure 

of the Saratov State Law Academy, the Judge in retirement 

M.V. FILIMONOVА, 

Candidate of Legal Sciences, Associate Professor of the Department of Civil Procedure 

of the Saratov State Law Academy 

The article based on historical retrospective analyzes link the disposition behavior of the defendant and the development of civil procedural legal relationships. In particular, the impact of voluntary satisfaction of the defendant claims (beyond recognition of the claim, or settlement agreement) on the dynamics of development and the end of the domestic civil procedure. Some examples of everyday legal practice, reflecting a mixed approach of courts of general jurisdiction to the above correlation: the voluntary satisfaction defendant claims some courts cease production in a civil case; others – render the final decision on the merits with the blocking of its executive powers; third – state the dismissal of a claim. It is proved that from the point of view of the existing procedural doctrine, as well as provisions of current national legislation, the last position is the most appropriate and acceptable, because the subject is lost, subject to further protection and the protection of the state in the face of judicial authority. 

Keywords: civil procedure; legal proceedings; roman law; the plaintiff; the defendant; voluntary satisfaction of the claim; the termination of the proceedings; the court decision.