FEATURES OF THE INITIATION OF REALIZING EXECUTIVE PROCEEDINGS IN REGARD TO COMPULSORY EXECUTION OF COURT DECISIONS

Abstract

On the basis of the analysis of the norms of the current legislation of Ukraine, the author has studied the features and has defined the shortcomings of the procedure of the initiation of realizing the executive proceedings concerning compulsory execution of court decisions. It has been emphasized that the initiation of executive proceedings is an extremely important stage, which ensures the further lawfulness of the enforcement of measures of compulsory execution of court decisions. It has been established that an important condition at the specified stage is observance of the norms of the current legislation during the execution of all necessary documents, since any error may become an obstacle for the initiation of the respective proceedings.

It has been noted that the beginning of compulsory execution of court decisions is closely linked with the implementation of the principle of discretion, because at this stage, the active behavior (participation) of a judgment creditor is mandatory. It has been proved that compliance with the principle of discretion, especially at the studied stage, is extremely a necessary and important condition, since in any case, a judgment creditor is the most interested party in compulsory execution of court decisions.

It has been substantiated that the creation of executive groups (if necessary) is an important precondition for the qualitative implementation of measures for compulsory execution of court decisions, since the cooperation between the executive services, first, allows to effectively and expeditiously implement measures of compulsory execution of court decisions throughout the territory of Ukraine, secondly, it allows the performers to share experience that is positively reflected in their professional qualities.