FORMATION AND DEVELOPMENT OF THE INSTITUTION OF EXECUTIVE PROCEEDINGS IN THE PERIOD OF

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FORMATION AND DEVELOPMENT OF THE INSTITUTION OF EXECUTIVE PROCEEDINGS IN THE PERIOD OF – EARLY ХХ CENTURY

Journal Title: Правовий часопис Донбасу - Year 2017, Vol 59, Issue 1

Abstract

The author of the article has studied the historical stages of formation and development of the institution of compulsory execution of decisions in the period of the Х – early ХХ century. Special attention has been paid to the fact that the historiography allows to track the genesis of social purpose of the institution of executive proceedings and its place in the government. Everything indicated is important considering the substantial reform of the institution of executive proceedings, which took place in Ukraine in 2016. The author has analyzed six historical stages of executive proceedings with the individualization of the main approaches to the execution of decisions, determining the situation of the parties of the executive proceedings, as well as the means of legal regulation. It has been concluded that the debtor’s situation at early stages of the development of the institution of executive proceedings was almost powerless, unlike the plaintiff’s situation, which had complete authority over the debtor and could decide his further fate and even the fate of his family. Special attention has been paid to addressing the issue on the constitutionality of the institution of compulsory execution, in particular this problem was studied in the light of the ideological foundations of feudalism. It has been found out that in today’s measurement the institution of executive proceedings in the period of the X – early XX century could be hardly called constitutional from the point of view of understanding human rights and freedoms. However, it was fully consistent with the ideas of the plaintiff’s dominance over the debtor at that time, which were formed under the influence of feudal ideology. It has been found out that there was the formation of the system of compulsory measures within the researched stages and the organizational foundations of special subjects functioning that carry out execution of decisions. Herewith this institution of compulsory execution is going to be positioned as an independent institution of the state apparatus of compulsion. The author has defined the feature that distinguishes the executive proceedings out of other legal institutions, namely consolidation of the interpretation of the historical process at the regulatory level, which determined the formation of the system of compulsory execution of jurisdictional decisions. It has been proved that such a need has arisen in connection with the problems that exist at the correlation of the system of compulsory execution of decisions and the institution of protecting human rights.

Authors and Affiliations

Lubov Krupnova

Keywords

executive proceedings institution of executive proceedings a debtor a creditor historical stages compulsory execution

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EP ID EP284741
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