Lyashenko R. Enforcement of judgments in civil matters

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U002804

Applicant for

Specialization

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

15-04-2013

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis analyzes the problems of inter-sectoral institution of enforcement of judgments, unfold its theoretical subject matter, the grounds and the stages of such procedure, its correlation with such a stage of civil process as an appeal court decision to enforce. The subjects with which the state enforcement officer cooperates in the process of execution of judgment and peculiarities of the enforcement of some categories of court decisions are analyzed. The theoretical content of a comprehensive institution of civil and enforcement proceedings were discovered. Such complexity is caused by the fact that the enforcement embraces application for recognition and enforcement within the civil process and is regulated by the Civil Procedure Code of Ukraine, but direct enforcement enacts within the enforcement process and regulated by the provisions of the Law "On Enforcement Proceedings". Enforcement of judgments should be considered as the period from the date of entry of court decision into full force and effect, as a general rule, till the enforcement of an executive title and levying of execution of a judgments (Articles 25 and 27 of the Law "On Enforcement Proceedings"). The stages of this procedure and its correlation with such step of the civil process as an enforcement of court decisions are investigated. The subjects with which the bailiff interacts in the process of the enforcement of court decisions and the peculiarities of the execution of certain categories of court rulings were researched.

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