Приватні виконавці в Україні: правовий статус, проблеми та перспективи розвитку

Abstract

The article is devoted to the establishment of problematic aspects in the activities of private performers in Ukraine and the searching for ways of their improving. First of all, the attention is focused on the learning of basic legal requirements, which regulate the legal status of private executors and the certain aspects of their activities. The article also includes the definitions of the concepts enforcement proceedings, executive document, which are necessary for the correct interpretation of the main ideas of the item. The problem related to the obligatory insurance of civil liability of private perfomers; the problem of imperfection of material and technical base; the problem of joint enforcement proceedings with a heterogeneous subject composition, namely the need of legislational securing the distribution of remuneration; the problem of appealing the notaries' execution writs in a court, which causes the decrease of legal regulation effectiveness, have been established. The possible solutions for each case have been suggested. The impact on the private enforcement activity of changes in the legislation caused by the establishment of quarantine restrictions in Ukraine, namely the problematic aspects of renewal and extension of procedural deadlines in cases in which a private executor is a party, is also considered. The court decisions of various instances which confirm urgency of studying some problematic aspects in private executors' activity for increas the level of their efficiency have been analyzed.