REGARDING THE POWERS OF THE COURT IN ENFORCEMENT PROCEEDINGS: CERTAIN ASPECTS

Abstract

The article, based on the analysis of scientific views of scientists, judicial practice and norms of current legislation of Ukraine, researches and analyzes certain powers of the court in enforcement proceedings. It is found that the court in enforcement proceedings performs two main functions: security and control, which are provided for in the norms of the Code of Civil Procedure of Ukraine, the Code of Civil Procedure of Ukraine, and the Code of Administrative Offenses. The powers of the court regarding the resolution of procedural issues related to the execution of the decision are determined. The Law of Ukraine “On Enforcement Proceedings” provides for a general procedure for considering complaints against decisions, actions or inaction of a state bailiff during the execution of a court decision. It is noted that judicial control can be divided into preliminary and subsequent control. The position of scientists is supported that preliminary control consists in the fact that the most important, main actions of the bailiff in the course of enforcement proceedings are carried out only on the basis of court decisions. Further judicial control over the actions of the bailiff consists, for the most part, in the possibility of appealing them to the court. It is also noted that the court does not exercise control on its own initiative regarding appeals of decisions, actions or inaction of executors and officials of state enforcement agencies. It exercises such control only upon application. parties, other participants and persons to the court that issued the enforcement document regarding the appeal of the decision, actions or inaction of the executor and officials of the state enforcement service bodies regarding the execution of the court decision. It is concluded that the effectiveness of justice directly depends on the execution of court decisions, accordingly, the tasks of the court are not limited to their adoption, because after the court decision enters into legal force, the court is entrusted with the authority to resolve procedural issues related to its execution, as well as to exercise judicial control over the execution of court decisions. Thus, despite the fact that the court is not a subject of enforcement proceedings, in accordance with the legislation the court is endowed with a wide range of powers in enforcement proceedings.