PRINCIPLES OF ENFORCEMENT PROCEEDINGS
Abstract
The purpose of the work is to analyze the legislative regulation of the list of principles of enforcement proceedings in Art. 2 of the Law of Ukraine “On Enforcement Proceedings” and Art. 4 Law of Ukraine “On Bodies and Persons Engaged in the Enforcement of Judgments and Decisions of Other Bodies” as a dynamic legal regulations, which are aimed at quality organization of enforcement of decisions of courts, other bodies and persons, disclosure of their content.
The reseach methodological basis is a set of general methodological principles and modern methods of scientific knowledge, the use of which is based on a systemic approach, the basis of which is the consideration of the principles of enforcement proceedings as a system that is constantly evolving and filled with new principles and substantive elements. We have
used the general scientific dialectical method, classification and clustering, functional method, descriptive method as well as the following search principles like truth, fairness, concrete and logical methods, analysis, synthesis and comparison.
We have found that most of the principles are as multifaceted and regulate enforcement proceeding and determine the legal status of officials responsible for enforcement. Proved feasibility of unification and consolidation in a normative act by analogy with Recommendation Rec (2003) 17 “On compulsory implementation”, which is also offered in the article. 2 authors of the Draft Law “On Enforcement Proceedings”, submitted for discussion on April 29, 2020 on the initiative and with the financial support of the EU Pravo-Justice Project. It has been found that the principles of the enforcement proceedings are divided on general and specific but the lack of law articles that specify their media art according to the specific implementation of the enforcement proceedings is not conducive to a proper understanding and enforcement of these standards as fundamental.
Special principles are designed to reflect the specifics of this particular area of activity. It is proposed to supplement Art. 2 of the Law Ukraine “On Enforcement Proceedings”. Special principles of enforcement proceedings “predictability”, “predictability”, “efficiency”, “cooperation between the parties”, “ban procedural abuse”, “expertise (professional) artists”, which are defined in the Recommendation Rec (2003) 17 as mandatory, and the new principle of “the right to professional legal assistance”. It is not
recognized perfect for the principles of enforcement procedure proposed by the authors of the law; a proposal to introduce a new principle of “state language of enforcement proceedings” has been received; subjected to criticism of the principle of “confidentiality of information that has a place in the enforcement proceedings” as such that is not related to the protection
of confidential information in enforcement proceedings.
The study has been conducted to promote understanding of the principles of enforcement proceedings and provide suggestions of changes and additions to legislation on issues of enforcement proceedings will serve as a guideline for the development of high-quality legislation.
URI
http://www.baltijapublishing.lv/omp/index.php/bp/catalog/book/32https://archer.chnu.edu.ua/xmlui/handle/123456789/1496