Malskyy M. Theoretical Basis of International Enforcement Process

The dissertation is devoted to particular questions of theory and practice of international enforcement process, international acts and national legislation, which regulate the coercive enforcement of decisions of courts and other bodies (official persons), which include a foreign element. The place of international enforcement process in the system of law is analyzed together with its interconnection with the other branches of law, in particular with international private law, international civil process and enforcement process. The notions and sense, functions, forms, institutes and principles of international enforcement process were cleared up. The sources of international enforcement process were characterized, in particular the Global Enforcement Code, bilateral and multilateral international legal agreements, ECHR practice, experience of leading states in the sphere of coercive enforcement, Ukrainian court practice etc. Classification of subjects of international enforcement process according to different criteria has been carried out. The legal status of the enforcer as a special subject of international enforcement process, parties as main subjects and other participants of international enforcement process have been analysed. Peculiarities of representation and jurisdictional court powers in international enforcement process were studied.