Prytuliak V. The powers of court in enforcement of court decisions in civil cases.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U004478

Applicant for

Specialization

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

13-10-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first in the science of civil procedural law of Ukraine special complex research of the court’s authority in enforcement of court desicions in civil cases. The formation and development of the system of enforcement of court decisions in civil cases is researched. The legal nature of enforcement of court desisions in civil cases is defined. Peculiarities of interaction of the court with the bodies of the state executive service in the process of enforcement of desisions in civil cases is researched. The powers of the court while referring court’s decisions in civil cases for execution are examined. The powers of the court in considering and deciding on the application of coercive measures against the debtor in the implementation of court’s decisions, procedural actions of the court, aimed at facilitation of proper execution of court decisions, and powers of court in resolving procedural issues related to restitution were analyzed. The power of court to exercise preliminary and subsequent control at the stage of implementation of decisions in civil cases is characterized. Theoretically justified proposals on improvement of civil procedural legislation in the sphere of enforcement of court decisions in civil cases were formulated.

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