Separate conflict problems of ancipal judicial decision

Abstract

The article examines the problems arising in law enforcement practice associated with one of the stages of civil proceedings - the execution of a court decision in absentia. Collisions arising at the stage of the execution of a court decision in absentia, and the negative consequences associated with this fact, are characterized not only by the violation of the rights and legitimate interests of the plaintiff, but also mediate a decrease in the image of the judicial system, and state institutions in general due to the presence of this negative phenomenon. The decision in absentia is not a novelty of civil proceedings, however, despite this, its detailed study reveals the presence of «dark spots» that force the law enforcement officer to look for effective ways to exclude them, which would not contradict the norms of other branches of law: executive, labor and some others. The article provides the norms of the current civil procedure legislation governing the institution of extramural proceedings, examples of cases from current judicial practice. In addition, the study, along with the legal one, provides an etymological analysis of the phenomenon of collision. In the conclusion of the article, it is emphasized that legal collisions have a negative effect on the effectiveness of legal regulation, the state of law and order. They contradict the existing legal institutions, come into conflict with the legal system and, thereby, hinder the development of the state. Along with the indicated negative aspects, the authors of the article analyze the existing «recipes» for eliminating collisions and propose new ways to overcome them.