Mayka M. Execution of court orders in civil process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003504

Applicant for

Specialization

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

02-07-2019

Specialized Academic Board

Д 35.051.27

Ivan Franko National University of Lviv

Essay

The dissertation is devoted to a comprehensive study of the procedure for the execution of court rulings in the civil process. In this work the general theoretical aspects of execution of court decisions in the civil process are investigated, the peculiarities of execution of certain types of court decisions in civil cases are determined, the description of the legal status of the subjects of execution of court decisions in the civil process has been carried out. Based on the analysis of legal theory, law enforcement and jurisprudence, practices of state and private performers, international legal acts, as well as legal positions of the European Court of Human Rights, the legal nature of legal relations at the stage of execution of court decisions in the civil process has been clarified, author's classification of decisions has been proposed. the court in the civil process according to the criteria of the procedure and manner of execution, the subjects of execution of court decisions in the civil process and the legal relations that arise at the stage of execution of court decisions in civil cases affairs The author has analyzed the powers of state authorities and defined legal gaps in the legislative regulation of legal relations in the field of supervision and control over the execution of court rulings in civil cases. The paper defines doctrinal provisions and practical conclusions regarding the improvement of the current legislation of Ukraine in the field of regulating the procedure for the execution of court rulings in the civil process, and proposes ways of unification of judicial practice.

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