Глава 3.14. Особливості судового розгляду цивільних справ про вселення та примусове виконання судових рішень за ними

Abstract

The article highlights the peculiarities of judicial review of civil cases on occupancy, as well as the enforcement of court decisions on them, and the issue of judicial control over the execution of court decisions on occupancy. An analysis of the current judicial and executive practice of recent years was carried out, and conclusions and proposals aimed at improving the current branch legislation on executive proceedings were made.A comprehensive analysis of material (civil, housing) and procedural (civil procedural and branch executive procedural) legislation was carried out in the context of the specifics of consideration of a civil case on occupancy, debatable issues regarding the method of protecting the violated right when filing lawsuits to the court to eliminate obstacles to the use of residential premises and occupancy, outline of the subject of proof in occupancy cases, the issue of securing a claim in occupancy cases.When elucidating the methodology of execution of executive letters of occupancy by the state executor, executive practice was investigated and examples of implementation of executive proceedings on occupancy were given, each successive stage of execution of executive actions by the state executor was revealed.When studying the issue of judicial control, an analysis of existing draft laws on judicial control over the execution of a court decision on occupancy was carried out.