Review article

https://doi.org/10.32914/i.55.1-2.14

MODERN SYSTEMS OF ORGANIZATION OF DECISIONS ENFORCEMENT AND LEGAL STATUS OF EXECUTORS

Nataliia A. Sergiienko ; Department of Public and Private Law, Faculty of Law and International Relations, Borys Grinchenko Kyiv University, Kyiv, Ukraine
Solomiia B. Tsebenko ; Department of Theory and Philosophy of Law, Constitutional and International Law, Institute of Law, Psychology and Innova-tive Education, Lviv Polytechnic National University, Lviv, Ukraine
Maryna I. Saienko ; Department of Theory and History of State and Law, Faculty of Training Specialists for Units of Preventive Activity, Dnipropetrovsk State University of Internal Affairs, Dnipro, Ukraine
Mykola M. Potip ; Department of Law, Faculty of Law and Psychology, Dnipro Humanities University, Dnipro, Ukraine
Olena V. Dragan ; Department of Theory, History of Law and State and Constitutional Law, University of the State Fiscal Service of Ukraine, Irpin, Ukraine

Abstract

The relevance of the study is as follows: if the substantive decision of a court or other jurisdiction (offi-cial) is subject to enforcement, the state must provide an effective mechanism for such kind of enforce-ment (otherwise, in case of non-compliance with the decision by the obligated person, protection of rights, freedoms, interests of the person will remain only on paper). An important component of such a mechanism is the system of enforcement of decisions. Therefore, each state faces the question of which system of enforcement of decisions to choose, and here we need the experience of other states that have already passed this path and can already clearly understand the results. The purpose of the article is to consider the experience of foreign states in reforming the system of enforcement of decisions and the legal status of executors in order to implement it in Ukraine. Methodological basis of the scientific arti-cle is general and special methods of scientific research (deductive, analytical, synthesis method, hermeneutic method, comparative, statistical, historical, dialectical and other methods), which were used to cover the topic of the scientific article. The results of the study contain a generalization of the experience of foreign countries in reforming the system of enforcement of decisions and the legal status of executors. The practical significance of the study is that the scientific article analyzes the application of different systems of organization of enforcement of court decisions, other bodies (officials), different approaches to the legal regulation of the legal status of executors. This can be useful for both legal scholars and legal practitioners, as well as anyone interested in reforming executive legislation.

Keywords

enforcement; enforcement system; organization of enforcement system; executor; enforcement proceedings

Hrčak ID:

269971

URI

https://hrcak.srce.hr/269971

Publication date:

1.1.2022.

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