1.1. Концепції щодо реформування законодавства України про виконавче провадження

The scientific work is devoted to the author’s concepts on improving the legislation on executive proceedings.
Before proceeding to the analysis of the current Law of Ukraine «On Executive Proceedings» and the existing Draft Laws No. 3627,No. 5660, the authors focused on the prerequisites for reforming the
legislation on executive proceedings. Significant problems with the enforcement of judgments in Ukraine, the presence of a large number of appeals to the European Court of Human Rights, and the status of a private executor was initiated in order to relieve the burden on state executors. But with the appearance of private contractors, there was a need to regulate, at the legislative level, their status, self-governance, powers and responsibilities. Therefore, it is now necessary to amend the Law of Ukraine «On Executive Proceedings» and the Law of Ukraine «On Bodies and Persons Carrying Out Enforcement of Decisions of Courts and Other Bodies (Officials). Several draft laws have appeared, but all of them talk about the need to combine the above-mentioned laws into one regulatory act.

However, at the same time, experts worked on three draft laws, instead of making maximum efforts to thoroughly work on one draft law and gradually eliminate its shortcomings using the «sieve» method.
Valid proposals are taken into account, and «half» are rejected.
Therefore, the very first author’s concept boils down to the fact that when reforming the legislation on executive proceedings, the chaotic creation of several draft laws should be stopped without a broad and
public discussion of ideas and hypotheses, elimination of shortcomings, and only after that, the draft bill should be submitted for consideration by the Verkhovna Rada of Ukraine.
The authors analyzed the remarks of the Main Scientific Expert Department of the Verkhovna Rada of Ukraine on Draft Law No. 5660 and expressed the author’s justified opinion on some of them, in particular, regarding the expediency of adopting Draft Law No. 5660 in this version, which raises significant doubts, even in comparison with the versions of current laws and needs serious revision. But the main thing is to create a balance and establish in advance the conditions under which the state executive service will be able to compete with private contractors, in particular, by creating material conditions for public contractors so that they value their position.
A brief analysis of the main principles of executive proceedings, which were borrowed without changes from the current Law of Ukraine «On Executive Proceedings», is provided.
A conceptual conclusion was made about what should be said about promising directions for improving the relevant legislation in the context of the main principles of executive proceedings. It is quite obvious
that the Draft Law was not created successfully and does not fulfill the tasks that should have been set before the working group that worked on it.
Analyzed the concepts of private executors – co-authors of Draft Law No. 5660 and proposed the author’s vision for the legislative regulation of quite important institutions, in particular, the place of opening
executive proceedings, consolidated executive proceedings, executive sanctions, etc. But now the list of all the problematic issues that take place in Draft Law No. 5660 is not exhausted, because its authors need
to eliminate 1,200 amendments that were submitted to it by the deputies of the Verkhovna Rada of Ukraine.
Therefore, the authors have raised questions for public discussion of this Draft Law No. 5660, because all of us, both scientists and practitioners, are working together to improve the legislation on executive
proceedings for the benefit of our native Ukraine.