ОКРЕМІ ПИТАННЯ ЗВЕРНЕННЯ ДО ВИКОНАННЯ СУДОВИХ РІШЕНЬ В УМОВАХ "ДЕФІЦИТУ" СУДДІВСЬКИХ КАДРІВ

Abstract

The article envisages a system and sequential analysis of one of the aspects referring to the issue of shortage of judges in courts, inherent in the current stage of development of the judicial system of Ukraine. The authors set a goal to answer the question of resolving the situation of judgment enforcement, in the event that a judge who took the judgement had no powers to administer justice. To achieve this goal, the general dialectical method of scientific cognition, as well as the special methods, namely, the logical framework method, the systems analysis method and modelling method, were used. Thus, due to application of the latter, various modifications of the situation, being important for solving the problem, have been proposed. Particularly, this refers to: (a) absence of the judge's powers (due to temporary suspension for a certain period or expiry of the term, for which he/she was appointed) to administer justice; (b) if justice has not been administered in court due to absence of judges. Achieving the mentioned goal necessitated clarification of the legal nature of judgement enforcement. Such necessity is also associated with the defined assumption of the possibility of issuing and signing enforcement documents by court officials, which was further refuted by justifying the procedural, but not the administrative nature of legal relations arising from the process of resolving the issues related to execution of judgements. Based on the system analysis of the provisions of the current legislation, it was concluded that: 1) if the judge who considered the case in the court of first instance was temporarily suspended from administering justice or if his/her term of office expired and the relevant court has judges having the right to administer justice, such cases of resolving the issue of enforcement of their judgements shall be transferred for automated case reallocation by a reasoned order of the court administrator in accordance with Part 7 of Article 33 of the Civil Procedure Code. In this case, the writ of execution shall be signed by the judge who was determined as a result of such allocation; 2) if there are no judges in the court authorized to administer justice (irrespective of the fact whether there are judges in the court who hold administrative positions), or if there are no judges in the court and justice has not been administered, the case of resolving the issue of judgement enforcement shall be transferred for consideration to another court on the basis of clause 2 of Part 1 of Article 31 of the Civil Procedure Code in accordance with Part 4 of Article 31 of the Civil Procedure Code. Keywords: court, execution of a judgement, judgement enforcement, composition of the court, powers of the judge, issue of the enforcement document, termination of the court's work