ADVANTAGES AND DISADVANTAGES OF ENFORCEMENT PROCEEDINGS UNDER NEW LAW. SCIENTIFIC AND PRACTICAL ASPECTS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
This article analyzes the current legislation of Ukraine in the sphere of enforcement of judgments and decisions of other jurisdictions, features coverage of enforcement proceedings under the new law. Particular attention is paid to the advantages and disadvantages of the enforcement proceedings and, accordingly, its procedural matters. 5 October 2016 came into force a new Law Ukraine «On Enforcement Proceedings» and the Law of Ukraine «On the bodies and persons engaged in the enforcement of judgments and decisions of other bodies». These regulations significantly alter the current system of enforcement of court decisions and decisions of other authorities. Analysis of the implementation of enforcement proceedings after the entry into force of these laws is the subject of little research. Enforcement system no longer meets the needs of society and needed radical change. At present, we are at the beginning of reform directly Enforcement system and the system of organs and persons engaged in the enforcement of it. In connection with specified must clearly understand the possible ways this reform and its advantages and disadvantages, as their study and understanding is the key to correct mistakes and improve the system. One of the most significant innovations was the introduction of a new law in January 2107 institution of private executors. If we look at the European experience, we can say that in many European countries, enforcement of judgments is entrusted to individuals who have appropriate license for such activity. Under the previous law of Ukraine «On Enforcement Proceedings» in 1999, the enforcement of decisions relied only on the state executive service, which is included in the system of the Ministry of Justice of Ukraine. The new same Law «On enforcement proceedings» of 02.06.2016. introduced a mixed system of enforcement decisions. Thus, according to Art. 5 of the Law of Ukraine «On Enforcement Proceedings» from 02.06.2016, the enforcement of decisions rests with the state executive service (public performers) and stipulated in this law on private enforcement, legal status and organization of which are set by the Law of Ukraine «About bodies and individuals engaged in the enforcement of judgments and decisions of other bodies». Also, according to p. 5 of the same article, according to the plaintiff executive document can be transferred from one particular artist or other relevant state executive service, or from the state executive service – private enforcement. Thus, private enforcement activity clearly limited list of enforcement documents on which they can carry out the enforcement proceedings.
Authors and Affiliations
О. В. Забродіна
Keywords
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