Проблеми Законності (Nov 2018)
Reform of enforcement system: preconditions and perspectives of development
Abstract
This article deals with problems of enforcement effectiveness and searches of optimal models of enforcement proceedings developing. The author analyzes the present state of enforcement proceedings developing in Ukraine, studies the main stories of legislation in enforcement of judgments in civil justice of Ukraine, changes in the organization of the work of the state executive service bodies, introduction of foreign access and adaptation of the procedure of enforcement of judgments to European standards that affect on the interaction between judicial authorities and authorities of enforcement of judgments. The stories of the civil procedural legislation in the enforcement proceedings are considered in connection with the entry into force of anew Criminal Code of Ukraine, the Law of Ukraine "On Enforcement Proceedings", "On the bodies and persons engaged in the enforcement of judgments and decisions of other bodies" and other legislative documents in the framework of judicial reform. The positive assessment of the introduction of the private performers’ institution and recommendations on the effectiveness of the new legislation realization in enforcement of judgments in civil justice are given. The purpose and objectives of the study is an analysis of the application effectiveness of normative principles in enforcement proceedings; study of stories, advantages and disadvantages of the institute functioning of enforcement proceedings in Ukraine; justification of theoretical-methodological models of enforcement proceedings as a procedure of the civilization process; improvement of civil legal regulation mechanism in enforcement of judgments. The object of the study is the novations of the enforcement of judgments institute in Ukraine, their features and ways of improvement. The subject of the study is certain aspects of the mechanism of the enforcement of judgments, ensuring proper protection of the rights, freedoms and legitimate interests of the enforcement proceedings participants, stories of enforcement proceedings and their implementation in practice.
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