The characteristics of consideration, adoption and enforcing of binding court decisions
Keywords:
real estate, right to housing , marriage contract, deprivation of parental rights, alimony, legal protection of children, establishment of parentage, parents, child, family, civil justice, adults, adoption, dismissal, discrimination, judicial control, seizure of property and/or funds, court judgment, enforcement of a claim, court decision, inter-branch relations, executive process, civil process, martial lawAbstract
In his article, the author, by conducting an analysis of legislation and the practice of its application, as well as court practice, comes to the conclusion that the existing mechanisms for implementing the right to enforce a binding court decision are insufficiently effective.
In his opinion, the judicial review of cases of an obligatory nature does not have any specific features. Problematic issues arise, as a rule, precisely during the enforcement of such court decisions.
At the same time, implementation problems exist regardless of who is the debtor – a state authority or a natural or legal entity, which allows us to conclude that they are deep and systemic in nature.
Courts, when exercising judicial control, should direct the control to the enforcing of the court decision, and to the formal evaluation of the actions of the enforcement officer of the letter of the law, and not its spirit. It is necessary to change the very ideology of judicial control and participation of the court in the enforcing of its decisions.
It is considered more expedient to introduce the concept of asrent in non-property disputes into domestic legislation. The application of an asrent must lead to situations where non- enforcing of the decision must become financially disadvantageous for the debtor.
Thus, the introduction of legislative changes regarding the alternative presentation of binding court decisions, their «monetization» in the case of impossibility of enforcing, improvement of judicial control over the enforcing of the decision, introduction of a stay order, strengthening of responsibility for non- enforcing of the decision should contribute to the principle of mandatory enforcing of court decisions. of a procedural nature and will give the enforcement officer more procedural levers for their actual implementation.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
