Further reform of enforcement proceedings in Ukraine: international standards and a foreign element

Abstract

The article analyzes the problematic situations that occur in the current enforcement practice and which need to be resolved in the new legislation of Ukraine, in particular, the Law of Ukraine "On Enforcement Proceedings", the Civil Procedure Code of Ukraine and other normative acts that need to align and reflect the latest concepts of enforcement of decisions with foreign element. Issues raised regarding the need to introduce into the relevant legislation, court and practice on enforcement of judgments and other bodies of international standards of enforcement proceedings proposed by the Council of Europe.
 This article has for an object to educe only major problem questions in a modern executive production in an order to caution the origin of errors in the new release of this Law and define priorities in the international aspects of a force implementation of decisions. Fully obviously, that it is necessary to work on creation of international principles of executive process and the Ukrainian scientists can not lie up this problem.
 The current state of reform of Ukraine's legal system is characterized by that, what needs the deep rethinking and transformation plenty of normative acts, improvement of activity of practically all law enforcement authorities. It is considered a necessity to undertake substantial steps in direction of approaching of our state to the international standards and complex development of legislation taking into account considerable migration of population, eurointegration course, id est to strengthen regulation of legal relationships with a foreign element. In this connection appears a necessity to spare considerably anymore attention in the new release of Law of Ukraine "On Enforcement Proceedings"" of status of foreign subjects, including, foreign investors and protection of their rights on an investment, to strengthen and develop the question of a force implementation of foreign court decisions, and also represent in international agreements the simplified system of intergovernmental relations in the sphere of a force implementation of decisions and others like that. In the period of reforms these problem questions it more easily to affect, to discuss and represent in a legislation, than in the following to bring in corrections to the formed legislation.