ЗАХОДИ ПРИМУСОВОГО ВИКОНАННЯ РІШЕНЬ ЯК ПРОЯВ ДИФЕРЕНЦІАЦІЇ ВИКОНАВЧОЇ ПРОЦЕСУАЛЬНОЇ ФОРМИ

Abstract

The article deals with the analysis of the concept of the enforcement of judgments as the manifestation of differentiation of the executive procedural form. It is stipulated that the executive procedural form in the execution of court decisions and decisions of other authorities is not the same for all enforcement proceedings. The executor and other participants of the enforcement proceeding perform different functions in the enforcement proceeding. It is suggested that in the enforcement process the measures for the enforcement of judgment, stipulated by the legislation on enforcement proceedings are the most striking manifestation of the executive procedural form. In legal studies the concept of the measures for the enforcement of judgments remains controversial. The author distinguishes three approaches to understanding of this concept, he calls them substantive-legal, substantive-procedural and procedural. According to the substantive-legal approach, measures for enforcement of judgments are a sanction for non-compliance. Under the substantive-procedural approach, measures for the enforcement of judgments are the means of implementation of sanctions. Based on the procedural approach, measures for enforcement of judgments are considered as a set of procedural actions to enforce the decision. It is concluded that each of these approaches is justified and all of them together characterize the measures for enforcement of judgments as a multifaceted phenomenon. The article focuses on more detailed analysis on the enforcement of judgments in procedural sense. It is proved that the measures for the enforcement of judgments are a category that differentiates the executive procedural form. These measures are a certain procedural pattern of enforcement, a distinct set of procedural actions, connected with the enforcement of different decisions. Every writ of execution should be performed within the frames of a certain measure for the enforcement of judgments. As the result of the research the author formulates his own definitions of the measures for the enforcement of judgments.