Kohutych Y. Administrative and Legal Framework for the Control over the Activities of Private Bailiffs in Ukraine

In the thesis, the theoretic legal analysis and study of implementation of control procedures regarding the activities of private bailiffs in Ukraine are carried out; the criteria for a distinction between the legal status of a private bailiff and the legal status of a public bailiff are determined; the three-tiered system of legal regulations of the control over the activity of private bailiffs in Ukraine is identified. The general concept of the state control over the private bailiffs’ activities is defined, as well as the concept of the scheduled inspection of the private bailiffs’ activities, unscheduled inspection of a private bailiff’s activities, the self-regulatory control over the activities of private bailiffs are defined. The consideration of main classifications of the principles of law and control principles are the basis for the author’s original system of principles of the control over the activities of private bailiffs with its division into general and special principles. The author states that the forms and methods are not identical, therefore, the forms of the control over private bailiffs’ activities are considered as the external manifestations of actions, provided for by law, exercised by the subject, authorized to control, aimed at achieving the objective of control that involve detection and disclosure of the content of the private bailiff’s activity as an object under control; while the methods are considered as a set of ways and means provided by law that are used by the subject, authorized to control, during the performance of control actions implemented in certain forms. The areas of improvement of the administrative and legal regulation of the control over private bailiffs’ activities in Ukraine are determined, as well as the necessity of introducing a range of changes and amendments to the current legal and regulatory framework providing for a procedure of implementing the control over private bailiffs’ activities in Ukraine is proved.