Принуждение к миру: есть ли стимулы к примирению в исполнительном производстве?

Вестник гражданского процесса. 2026. Т. 16. № 1. С. 45–60.

Galperin M.

The article analyzes the economic and legal factors influencing the willingness of the parties to enforcement proceedings to conclude amicable agreements in practice. The author states that the efforts of the legislator to expand the forms of reconciliation in legal proceedings, including at the stage of enforcement, have not yet been successful due to the continuing narrow understanding of the subject boundaries of settlement agreements, the existing regulation of enforcement fees, costs in enforcement proceedings, as well as the lack of tax incentives for the recovery of debt by the claimant part of the settlement agreement with the debtor. In fact, the main incentive to reach an agreement in enforcement proceedings remains the risk of transferring the claim to bankruptcy proceedings. Despite the government’s declared policy of encouraging procedural reconciliation and the growing number of scientific studies on this topic, in the current economic conditions, the creation of real monetary incentives for the parties to the dispute to conclude amicable agreements often clashes with the interests of replenishing the state budget. In conclusion, the author concludes that there are practically no economic incentives for the parties to enter into a settlement agreement in enforcement proceedings. With this in mind, it is difficult to expect a drastic increase in the interest of the parties to the enforcement proceedings in reconciliation in the foreseeable future.

Keywords: судебные расходы, мировое соглашение, исполнительное производство, settlement agreement, enforcement proceedings, экономический анализ права, law and economics, исполнительский сбор, court costs, enforcement fee