EXECUTIVE PROCEEDINGS AS LOGICAL COMPLETION OF JUDICIAL PROCEEDINGS

Abstract

The article deals with problems, arising or potentially arising, in enforcement proceeding during the enforcement of court decisions in Ukraine. The author analyses provisions of Law of Ukraine “On enforcement proceedings”, dated June 2, 2016 (with amendments and additions) and of Law of Ukraine “On state bodies and persons who carry out enforcement of court decisions and decisions of other state bodies”, dated June 2, 2016 (with amendments and additions), and detects the main problems, arising or potentially arising, that can be faced by the recoverers during advancement of expenses of enforcement proceedings. Disadvantages, which are contained in the Law of Ukraine “On enforcement proceedings”, dated June 2, 2016, and may lead to breach of recoverer’s property rights and cause significant damages to the recoverer are considered in the article. Based on the research results the author suggests substantiated amendments to the enforcement legislation that protects recoverer’s property rights but do not breach rights of other participants of enforcement proceeding.