Open AccessThe state executor - as a guarantor of the execution of a court decision that has entered into force
Author(s) -
M.I. Logvynenko,
A.I. Vysotskyi
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.04.45
Subject(s) - executor , state (computer science) , law , enforcement , normative , coercion (linguistics) , law and economics , business , political science , computer science , sociology , linguistics , philosophy , algorithm
The article is devoted to the study of the issue of execution of court decisions by the state executor, which is relevant both in Ukraine and abroad. The authors considered and argued the main features of the powers of the state executor as a guarantor of the execution of court decisions. The article analyzes the place and role of the state executor in the system of control and supervision of administrative coercion. The issue of the legal status of the state executor is considered. An analysis of the requirements of current regulations that define the rights and responsibilities of state executors.
The main problems that arise during the performance of public duties by the state executive are summarized. Emphasis is placed on the practice of the state executive service on the execution of court decisions that have entered into force. In addition, the activities of private performers are considered for a more in-depth analysis of the differences between the activities of public and private performers. The main differences and similarities between the activities of these performers are highlighted. The main tasks of the state executive service, state executors and private executors are generalized.
The legal status of the state executor in Ukraine is considered, attention is paid to the legal regulation of the process of execution of a court decision. The bills, laws and other normative-legal acts regulating this sphere are characterized. A study was conducted on the basis of which executive documents are subject to enforcement of decisions by state executors and considered their features.
The conclusion is made about the tasks and issues related to the execution of court decisions, as well as the role of the state executor in this process in comparison with the private executor. Considerable attention is paid to the study of social and legal security of citizens who became participants in enforcement proceedings.
The issue of legal responsibility of a state executor as a civil servant of Ukraine in the field of official activity and professional activity related to the provision of public services is analyzed and researched.