Yakymchuk S. Execution of judicial decisions as part of the trial.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002020

Applicant for

Specialization

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

09-04-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is a special scientific research of enforcement proceedings as a part of civil process and part of the trial. Author's approach is based on a study of enforcement proceedings in its historical and legal development on different stages of formation under the influence of the ECHR and ECHR practice on application of p. 1, Art. 6 of the ECHR in the context of realization of principle of the rule of law and the right to enforce the judicial decision within a reasonable time. Justiciary (procedural) concept of enforcement proceedings is developed as a part of the trial on the basis of a new methodological approach to understanding of the enforcement proceedings in the aspect of realization of the right to a fair trial (p. 1, Art. 6 of the European Convention on Human Rights and Fundamental Freedoms) and the European Court of Human Rights practice, which consists of understanding of the unity of international legal acts on human rights, substantiation of the right to a fair trial and expanding the scope of jucticiary understanding of protection of civil rights and duties as a subject of conventional regulation outside the formal trial, objective formation of independent segment justiciary order in national systems of judicial protection - enforcement proceedings. The research of legal regulation of execution of judicial decisions in terms of the genesis of the enforcement proceedings is made in this paper, relevant patterns of institutionalization were identified, models of execution of judicial decisions were analyzed, principle of the rule of law in the scope of application of p. 1, Art. 6 of the European Convention on Human Rights and Fundamental Freedoms is studied, other applied aspects of problem of execution of judicial decisions were examined - procedural form of effective execution of judicial decisions, the issue of protection the interests of the plaintiff, the debtor and the state in the enforcement proceedings, the problem of protection of right to execution of judicial decisions within reasonable time. Conclusions and suggestions that have theoretical and practical importance were made.

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