Reflections on the respect of the rights of citizens during judicial decisions of execution

Abstract

The objective of the article was to analyze the problematic aspects of the judicial executive process, considering its properties and the classification of its stages. The methodological basis of the study are the general and special methods of scientific knowledge (inductive, analytical, hermeneutic, systemic and others). The results of the study include the analysis of scientific approaches to the essence, properties, classification of stages of the executive process and argumentation of theoretical proposals and informed practices. Moreover, the authors' conclusions on certain topics are set out, a new original definition of "stages of the executive process” and their original new classification is based. The practical importance of the results is that the conclusions and proposals made significantly enrich procedural science during the implementation of judicial decisions; it will be useful for the subjects of enforcement proceedings (implementing agents, parties to enforcement proceedings) in the exercise of their procedural rights and the performance of their procedural functions. The conclusions presented based on the analysis can be used to generalize executive practice.

Private Enforcer as a Participant of Legal Relations in the Executive Process

“…Therefore, further reform of this area seems promising in the context of the existence of a mixed model of enforcement system, with a possible further transition to a private model of the enforcement system. The effectiveness of the protection of violated rights, freedoms, interests of persons mediated by the decision of the relevant jurisdiction is directly related to its implementation [41]. We hope that the reform of executive process will lead to real and common protection of violated rights, freedoms and interests through effective remedies of executive process.…”

Private Executor as a Participant in Legal Relations in the Executive Process

“…Therefore, further reform of this area seems promising in the context of the existence of a mixed model of enforcement system, with a possible further transition to a private model of the enforcement system. The effectiveness of the protection of violated rights, freedoms, interests of persons mediated by the decision of the relevant jurisdiction is directly related to its implementation (Sergiienko et al, 2021). We hope that the reform of executive process will lead to real and common protection of violated rights, freedoms and interests through effective remedies of executive process.…”