FEATURES OF ENFORCEMENT PROCEEDINGS IN UKRAINE

Abstract

This scientific article reveals the features of enforcement proceedings as the final stage of the trial. It is noted that enforcement of decisions in Ukraine is entrusted to the state executive service. The main provisions of enforcement proceedings are enshrined in the Law of Ukraine "On Enforcement Proceedings" of June 2, 2016, which provides an exhaustive list of enforcement documents to be executed by the state enforcement service, sets certain requirements for execution of enforcement documents and provides a procedure for adopting enforcement documents, opening of enforcement proceedings and proper and timely execution of decisions of courts or other bodies authorized by law. It has been proved that enforcement proceedings are one of the main stages of litigation because every citizen who appeals to the court or other bodies seeks to establish violated rights and legitimate interests and only through enforcement proceedings, if the debtor is not a law-abiding citizen these rights can be enforced. It is established that the main features of enforcement proceedings are: 1) by its nature is the final stage of the trial; 2) mostly occurs exclusively on the basis of "final" judicial acts (writs of execution, court orders, court rulings, etc.) that have entered into force in law; 3) has a coercive nature of actions that occur only after the expiration of the term for independent execution of the decision by the debtor; 4) enforcement of court decisions and decisions of other bodies (officials) is entrusted to the bodies of the state executive service and in cases specified by the Law of Ukraine "On Enforcement Proceedings" – to private executors. It is investigated that the process of enforcement proceedings consists of a set of successive organizational stages and actions, which are regulated by legal norms established by the legislation of Ukraine. However, in the current legislation the stages of enforcement proceedings are not sufficiently clear, so the legal literature is not unanimous in defining and outlining their system.