Serhiienko N. Administrative and legal mechanism of executive proceedings: theory and practice

The dissertation presents the author's concept regarding the content and features of the administrative-legal mechanism of the organization and implementation of executive proceedings, on this basis proposals are offered for improving the legislation in this area. The concept of executive proceedings, its structure, features and its tasks are defined. The sectoral affiliation of legal norms regulating the organization and enforcement of decisions has been clarified. The concept and essence of the administrative-legal mechanism of the organization and execution of executive proceedings are defined. The content is characterized and the object of legal relations regarding the organization of enforcement of court decisions, decisions of other bodies and officials is outlined. The content and object of the legal relationship between the participants of the enforcement proceedings is revealed. The content and object of legal relations contributing to the forced execution of the decision among themselves and with the participants of the enforcement proceedings are determined. The concept and circle of subjects of legal relations in the sphere of organization of enforcement of decisions are outlined. The concept of the administrative and legal status of the participants in executive proceedings is defined and characterized. The peculiarities of the administrative legal personality of persons who contribute to the implementation of executive proceedings have been clarified. The inter-branch connections of executive proceedings with material branches of Ukrainian law are characterized. The content of inter-branch connections of executive proceedings with procedural branches of Ukrainian law is disclosed. Ways to improve the administrative and legal mechanism of enforcement proceedings are proposed.