Legal framework for the development of an effective system of enforcement in Ukraine
DOI:
https://doi.org/10.61345/1339-7915.2023.5.8Keywords:
enforcement proceedings, system, state enforcement officer, private enforcement officer, enforcement of decisions, recovery of fundsAbstract
The aim of the work is a study of the legal framework for the development of an effective system of enforcement in Ukraine.
The methodological basis of the study is international and national legal acts, court decisions, statistical and analytical materials, and scientific works of scholars in the field of constitutional law, administrative law, criminal law, theory of state and law, and other branches of legal science on the constitutional and legal framework for ensuring the binding nature of court decisions in Ukraine.
The article examines the legal aspects for the further development of an effective system of judgment enforcement in Ukraine. The author analyzes the existing legal context for improving legislation and practical mechanisms to ensure greater efficiency and transparency in the enforcement of court decisions. The key aspects of the enforcement system aimed at strengthening the rule of law, ensuring compliance with court decisions and implementing justice sector reforms to ensure a higher level of public confidence in the judicial system are revealed. The author examines the measures of enforcement of judgments and proves that they are regulated by the rules of executive procedural law. Particular attention is paid to the analysis of the current legislation governing the enforcement of court decisions in Ukraine. The author analyzes the performance of private bailiffs in comparison with public bailiffs and demonstrates that private bailiffs are effective. It is proved that the introduction of the institute of private bailiffs has generally had a positive impact on the enforcement of court decisions. The author analyzes the problems of organizing cooperation between private and public bailiffs in the course of enforcement of judgments against one debtor.
In summary, it is proved that Ukraine still has a systemic problem of non-enforcement of court decisions. The introduction of a mixed public-private model of judgment enforcement has brought some positive results, but has not solved the overall problem.
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