EXECUTION OF COURT DECISIONS IN THE PROCESS OF REPRESENTATION BY THE PROSECUTOR THE INTERESTS OF THE STATE IN COURTS: CONCLUSIONS OF THE SUPREME COURT
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
In the article the author describes the last changes in the Ukrainian legislation, which are in the connection with the enter into force of new procedural codes (from the 15th of December 2017) and the beginning of the work of the new Supreme Court. Also the author analyzed the position of the Supreme Court in questions of realization of the function of representation the interests of the State in courts by the prosecutor in the process of execution of court decisions in the context of these changes. At the same time conclusions of the Supreme Court in prosecutor’s cases more deeply studied. The author draws attention on the conclusions of Grand Chamber of Supreme Court in several categories of judicial decisions. For example, according to the position of the Supreme Court – prosecutor should not prove that he has grounds for representing the interests of the State in court in the process of execution of the court decision. The author analyzed court decision about the jurisdiction of administrative courts when decisions of state executors about the payment of the executive fee are appeal. Also Supreme Court in prosecutor’s case concluded that non-performance of the court decision by the debtor is not the basis for such actions by the state executor.
Authors and Affiliations
О. В. Драган
Keywords
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- EP ID EP592739
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