Article title The Court as the Subject of Relations on the Execution of Court Decisions in the Context of the Renewal of Civil Procedural Law
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8/2017
Сторінки [100-108]
Annotation

The analysis of the basic and conceptual provisions of the proposals for amending the procedural legislation in the part of enforcement of judgments in civil cases, aimed at introducing amendments to the Constitution of Ukraine on justice, was conducted. On the basis of the study, some conclusions were drawn regarding the definition of a list of executive documents, issues of judicial jurisdiction, powers of the court at the stage of execution, control over enforcement of judgments in civil cases, exequatur, introduction of electronic justice and the use of information technology in the enforcement of court decisions and decisions of other bodies (officials), etc. The expediency of publishing executive writers in cases of necessity of applying to execution of court decisions, which have features of fulfilment, is substantiated. It is impracticable to apply the rules of enforcement proceedings when executing the decisions on the extraction or reclamation of evidence as protective measures and the application of measures of procedural coercion. Arguments are made regarding the inappropriateness of the use of alternative jurisdiction in appealing the decisions of arbitration courts, the issuance of enforcement orders for the enforcement of arbitration awards, the challenging of international commercial arbitration awards, and the recognition and enforcement of international arbitration, foreign court decisions. The proposals concerning the normative fixing of security measures for execution of a judicial decision in civil cases, as well as a number of other authorities at the stage of implementation are submitted.

Keywords executive proceedings, codification of civil procedural legislation, legal status of the court, court jurisdiction, civil process
References