PRINCIPLES OF ENFORCEMENT PROCEEDINGS UNDER THE NEW BILLS № 2507а AND 2506а
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article is devoted to the principles of enforcement proceedings analysis, established under the Law of Ukraine «On Execution Procedure» on 14.08.2015 № 2507а and «On Bodies and Persons Engaged in the Execution of Judgments and The Other Jurisdictional Bodies Decisions» № 2506a on 14.08.2015. An excursion of the researches in the field of general theory of law positions concerning the notion, value, classification of the principles of law has been carried out and these developments has been extrapolated on the system of enforcement proceedings principles and the organization and practice of executors principles. From the analysis of bills’ articles texts, which lists enforcement proceedings principles and the organization and practice of the State executive service and private executors principles, it follows that the legislature mainly duplicates general (constitutional), interbranch principles of law, failing to formulate principles inherent exactly the institution of jurisdictional bodies decisions enforcement. It has been concluded that there is no necessity in such duplication, because these principles have already been objectified in other legal acts in the form of separate articles (directly) or follow from logical, lexical analysis and so from their contents (indirectly). Based on the main purpose for legislative confirmation of law principles list, which is to facilitate filling the gaps in the legal regulation by applying the analogy of law, the authors consider that the legislative confirmation of only the principles of integrated interdisciplinary institute of enforcement proceedings would be more effective.
Authors and Affiliations
О. Б. Верба-Сидор, С. Є. Федик
Keywords
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