Peculiarities of consideration of applications for securing the claim and enforcement of court decisions (rulings) on securing the claim
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
This scientific work analyzes the legal essence of the institute of security for claim in civil proceedings, its significance and purpose of application based on case law. The author examines various types of security for claim, particularly seizure of property and funds, as well as types of binding nature, analyzes the grounds and conditions for their implementing, peculiarities of consideration of relevant applications and results and procedural form of solution these issues by court.
Attention is drawn to the problems of legal regulation of enforcement of rulings to secure the claim, namely the lack of clear regulation of the procedure for implementation of measures taken by the court to secure a claim by the subjects of enforcement of decisions. The author compares the methods of enforcement of court rulings on seizure of property and prohibition of alienation of property in the context of efficiency and effectiveness of each of these types of security for claim.
The author establishes that when choosing the type of security for claim, the court should choose the method which is most aimed at securing the subject matter of the dispute and is capable of ensuring actual enforcement of the court decision if the claim will be satisfied. When choosing a measure to secure the claim, it is necessary to take into account the reality of its enforcement, since the effectiveness of this
measure will depend on it.
It is emphasized that executors do not have effective mechanisms of influence on the debtor, and therefore, in many cases, the enforcement of rulings to secure the claim of a binding nature depends on the debtor’s performance of appropriate actions or refraining from performing them.
It is determined that civil procedural law provides for such procedural orders for cancellation of measures to secure the claim taken by the court: 1) revocation of a ruling to secure the claim by the court which issued it or on appeal/cassation; 2) cancellation of measures to secure the claim by the court. The author analyzes the peculiarities of these procedural orders.
While analyzing the peculiarities of enforcement of court rulings on cancellation of measures to secure the claim, the author concludes that the legislation on enforcement proceedings does not specifically regulate the peculiarities of enforcement of court rulings that result into cancellation of measures to secure the claim. It contains only certain provisions defining the grounds for removal the seizure of property imposed to enforce a court ruling to secure a claim.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
