CLASSIFICATION OF SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT OF ENFORCEMENT PROCEEDINGS IN UKRAINE

Abstract

The scientific article examines the classification of subjects of administrative and legal support of enforcement proceedings in Ukraine. The author reveals the concepts of "subjects of enforcement proceedings", "subjects of enforcement proceedings", "participants in enforcement proceedings" and their relationship. It is determined that the subjects of the executive process are all possible participants in the executive procedural legal relations involved in the process of enforcement of court decisions and other jurisdictions. They occupy different procedural positions, are endowed with different procedural rights and responsibilities and are divided into appropriate groups depending on the classification criteria. The subjects of enforcement proceedings are individuals, legal entities, business entities that have executive procedural rights and are able to bear executive procedural responsibilities in the process of enforcement of a specific enforcement document adopted or issued by a court or other jurisdiction. A narrower concept is "participants in enforcement proceedings", which in section 3 of the Law of Ukraine "On Enforcement Proceedings" operates the legislator. Participants in enforcement proceedings should be only those persons (individuals, legal entities, citizens – entrepreneurs) who have an interest in the results of enforcement proceedings (personal, state, official) and whose role is active in the implementation of decisions, ie they can influence the process executive actions. All other persons are not participants, but subjects of enforcement proceedings, because they are not interested in its outcome, but only contribute to the implementation of enforcement actions. Their role in enforcement proceedings is not active, but passive". The most successful is the following classification of subjects of administrative and legal support of enforcement proceedings: the degree of mandatory participation in the process; on the grounds of involvement in the process; by the number of persons who carry out enforcement proceedings; by procedural position and nature of procedural activity. These criteria of classification in the study are of significant theoretical importance, as they allow a more detailed study of the specifics of the subjects of the executive process and their legal status in the executive process, taking into account the latest trends in the theory of the executive process.