ADMINISTRATIVE AND LEGAL PROVISION OF FORCED EXECUTION OF COURT DECISIONS IN UKRAINE

Abstract

The article highlights the issues of increasing the effectiveness of enforcement of a court decision, which ends court proceedings. The main problems of administrative and legal enforcement of court decisions, which reduce the effectiveness of judicial proceedings, are considered. The reasons for the unsatisfactory state of execution of court decisions in Ukraine have been established. The main principles of the proper practice of execution of court decisions, formulated by the European Commission on the efficiency of justice, have been clarified. It is noted that these principles should be laid down in the basis of law-making and law-enforcement activities in the state, promote compliance with the rights of citizens, ensure the proper functioning of the legal system. The consequences of the reform of the State Executive Service of Ukraine and the establishment of the institution of a private bailiff are analyzed. It was concluded that with the introduction of the institute of private executors, an alternative system of enforcement of court decisions began to function in the country. The general characteristics of the modern system of enforcement of court decisions in Ukraine are given, and a comparison of its individual components with similar structural elements of the corresponding systems in France is made. Attention is drawn to the fact that the systems of enforcement proceedings in European countries are not unified, for example, they differ significantly from each other, as, for example, in France and Germany, where different models of enforcement proceedings are implemented: public-private and public-legal. It is noted that at this stage of functioning in Ukraine, only the private system cannot be implemented due to the lack of a proper system of state control. Measures to improve the effectiveness of enforcement of court decisions are proposed. In particular, the strengthening of state control over the execution of court decisions, ensuring the access of executors to the necessary information, strengthening responsibility for non-execution of court decisions. It is also important to ensure digitalization of executive proceedings and to establish electronic interaction with state authorities and banks. There is a need to grant equal powers to public and private bailiffs.