Review of judicial practices of the civil court of cassation as part of the supreme court regarding the consideration of complaints on the actions or inactions of a private/government executive during the execution of court decisions in civil cases

Abstract

The paper is devoted to the study of the judicial practice of cassation appeals of court decisions, namely the analysis of the judicial practice of the civil court of cassation as part of the Supreme Court regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions in civil cases. The main grounds for canceling or changing court decisions in the process of consideration of the specified category of cases have been determined. The analysis makes it possible to single out procedural errors, which form the basis for the cancellation of decisions of previous instances. A person who did not take part in the case, if the court decided the issue of his rights, freedoms, interests and (or) obligations, has the right to file a cassation appeal against the court decision only after it has been reviewed in the appellate procedure according to his appeal. After the opening of cassation proceedings based on the cassation complaint of a person who did not participate in the case, but the court decided the issue of his rights, freedoms, interests and (or) duties, such a person enjoys the procedural rights and bears the procedural obligations of a participant in the case. The cassation appeal concerns a question of law that is of fundamental importance for the formation of a unified law enforcement practice. The study of the practice of cassation appeals of court decisions in civil cases regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions makes it possible to single out typical violations that occur, taking them into account in practical activities, which allows to avoid violations of rights, freedoms and legitimate interests persons participating in the proceedings, and also contributes to the adoption of a legal, substantiated and reasoned court decision.