Talan L. Realization of judicial decisions in enforcement proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U000135

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

28-11-2012

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to investigation of realization of judicial decisions in civil cases as acts of judicial power and justice. Judicial nature of the court decision in the context of its feasibility concerning interests of persons, who applied for judicial protection, approved by the court, is researched in the work, forms and procedural guarantees of their feasibility are defined. The nature of enforcement proceedings as a part of trial is researched on the basis of analysis of scientific works and judicial practice, practice of the state executive service, international-legal acts and also legal positions of the European Court of Human Rights. Attention is paid to separate problems of application of enforcement of judicial decisions. While revealing the nature of enforcement proceedings in modern conditions of application of the law as a final stage of law protection, based on requirements of the principle of proportionality, the role of the court in provision of realization of judicial decisions and forms of judicial control while executing judicial decisions are defined. Theoretical grounds and practical conclusions, which are directed at improvement of civil procedural legislation, Law of Ukraine "On Enforcement Proceedings" and judicial practice are formulated in the work.

Files

Similar theses