The work examines the peculiarities of judicial control over enforcement proceedings in civil process and substantiates the feasibility of reforming this institution in order to expand the control powers of judicial bodies in the implementation of civil proceedings, in particular, in decisions of a binding nature.
The scientific approaches to the definition of enforcement proceedings and judicial control in the national science of civil procedural law are summarized, namely: enforcement proceedings are defined as the final stage of the civil process, the exercise of judicial control over the execution of court decisions is an integral part of judicial activity, and the court acts as the subject of legal relations at the stage executive proceedings.
The ratio of the role of the court, enforcement bodies and persons in enforcement proceedings is defined. The need for further reform of the legislative framework on executive proceedings, the development and introduction into practical activity of new elements of enforcement of acts of justice, namely judicial control over the state of execution of decisions in civil cases, aimed at eliminating violations of the rights of participants in executive proceedings, is substantiated.
It was concluded that further reform of the field of enforcement of decisions should be focused on increasing the role of the court in enforcement proceedings by giving the court that passed such a decision the right to independently determine in the enforcement letter the manner, procedure and terms of execution of the decision, to control the process of its implementation, concluding with the protection and restoration of violated (disputed) rights of persons.
The principles of executive proceedings, doctrinal approaches to the definition of the concept of "enforcement of court decisions in civil cases", the historical genesis of enforcement proceedings in civil proceedings, as well as the place of enforcement proceedings and judicial control at the stage of enforcement of acts of justice in civil proceedings are considered.
It has been proven that further reforming of the field of enforcement of decisions should be focused on increasing the role of the court in enforcement proceedings by giving it the opportunity to independently determine the method, order and terms of execution of the decision and control them, thus completing the protection and renewal of the violated (disputed) rights of persons.
It is proposed to make changes to the current legislation, namely: to set out Part 1 of Art. 2 of the Civil Code of Ukraine in the following wording: "The task of the civil judiciary is the fair, impartial and timely consideration, resolution and execution of civil cases with the aim of effective protection of violated, unrecognized or contested rights, freedoms and interests of individuals and legal entities, as well as the interests of the state."
The control powers of judicial authorities in enforcement proceedings are analyzed, their place in the process of protecting the violated rights of participants in legal relations by the court is determined, the conditions for exercising the right to appeal to the court with a complaint about the actions (inaction) of bodies and persons authorized to enforce court decisions are considered.
It was concluded that justice and the control powers of the court on the execution of the court decision have a common goal and the way to achieve it, and therefore the control powers of judicial bodies are one of the forms of justice implementation. The institution of enforcement of decisions and judicial control in enforcement proceedings are mandatory components of justice and judicial proceedings in general.
It is emphasized that judicial control in the context of integration processes and in the context of large-scale changes in Ukraine should become an independent type of state control.
On the basis of a systematic approach as a direction of scientific knowledge, the types and forms of judicial control at the stage of enforcement of court decisions are differentiated, taking into account the rules of judicial jurisdiction and procedures for the enforcement of court decisions updated at the legislative level.
It is noted that judicial control at the stage of enforcement is a special organizational and legal form of exercise of judicial power. Being endowed with specific features, it is carried out within the legally established competence established by the Constitution and laws of Ukraine, in a procedural form taking into account the requirements of jurisdiction and jurisdiction of civil cases.
Separate legal aspects of the legal status of the subjects of enforcement proceedings and various aspects of the criteria for the classification of subjects of enforcement proceedings in the legislation, which are based on approaches to dividing process participants into groups according to certain criteria, are considered.
