Journal of International Legal Communication (Jan 2024)

RECOVERER-ORIENTED ENFORCEMENT PROCESS: USING TECHNOLOGY TO ITS FULLEST POTENTIAL

  • Svitlana V. Shcherbak,
  • Olena M. Ivanii,
  • Denys M. Sibilyov

DOI
https://doi.org/10.32612/uw.27201643.2023.11.4.pp.44-54
Journal volume & issue
Vol. 11, no. 4
pp. 44 – 54

Abstract

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In-depth analysis of the role technology plays in establishing a recoverer-centric approach to the enforcement process is provided in this academic research study. This paper examines the potential for technological improvements to enable a more effective and efficient enforcement process while taking into account the necessity of prioritising the rights of recoverers and the developing nature of enforcement proceedings. The enforcement process can be brought closer to basic ideas of fairness and equity by adopting a recoverer-centric strategy that emphasises restoring the rights of recoverers rather than only focusing on the debtor. This study uses a thorough, multifaceted methodology that includes legal analysis, case studies, and comparisons of other jurisdictions’ enforcement practises. It also examines the potential of technical advancements like automation, data analytics, and digital platforms to optimise and streamline the enforcement process. The study assesses how technology affects legal frameworks that control enforcement practises and its contribution to harmonising enforcement practises at the national and worldwide levels. This study provides important insights into the benefits and difficulties of incorporating technology into the recoverer-centric enforcement process through a thorough investigation of relevant literature and empirical evidence. It also looks into how technology might affect the standard, effectiveness, and efficiency of the enforcement process, paying special attention to how it might improve the enforceability of judgements made by courts and other competent bodies

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