Enforcement Of Court Decisions Research Articles

Legal framework for the development of an effective system of enforcement in Ukraine

The aim of the work is a study of the legal framework for the development of an effective system of enforcement in Ukraine.
 The methodological basis of the study is international and national legal acts, court decisions, statistical and analytical materials, and scientific works of scholars in the field of constitutional law, administrative law, criminal law, theory of state and law, and other branches of legal science on the constitutional and legal framework for ensuring the binding nature of court decisions in Ukraine.
 The article examines the legal aspects for the further development of an effective system of judgment enforcement in Ukraine. The author analyzes the existing legal context for improving legislation and practical mechanisms to ensure greater efficiency and transparency in the enforcement of court decisions. The key aspects of the enforcement system aimed at strengthening the rule of law, ensuring compliance with court decisions and implementing justice sector reforms to ensure a higher level of public confidence in the judicial system are revealed. The author examines the measures of enforcement of judgments and proves that they are regulated by the rules of executive procedural law. Particular attention is paid to the analysis of the current legislation governing the enforcement of court decisions in Ukraine. The author analyzes the performance of private bailiffs in comparison with public bailiffs and demonstrates that private bailiffs are effective. It is proved that the introduction of the institute of private bailiffs has generally had a positive impact on the enforcement of court decisions. The author analyzes the problems of organizing cooperation between private and public bailiffs in the course of enforcement of judgments against one debtor.
 In summary, it is proved that Ukraine still has a systemic problem of non-enforcement of court decisions. The introduction of a mixed public-private model of judgment enforcement has brought some positive results, but has not solved the overall problem.

Enforcement of court decisions: analysis of the legal positions of the Constitutional Court of Ukraine

Constitutional law is concerned with the fact that the executive branch is responsible for the implementation of laws. The latter is also slightly different from a related concept, which is the application of laws, as evidenced by judicial practice. The concept of execution of a court decision is also understood from the point of view of the ECtHR, since the unreasonableness of the delay in rendering the decision entails the responsibility of the state in national legislation on the basis of Articles 6, §§ 1 and 13, ECHR, as the Court reminds "that the right to the execution of a court decision is one from the aspects of the right of access to a court... and that enforcement must be complete, perfect, and not partial.”
 Effective execution of court decisions is an integral part of the requirements of Article 6 of the European Convention on Human Rights. Given the volume of cases pending before the Court and the instruments recently adopted by the Council of Europe in the field of law enforcement. There can be no reasonable doubt that the execution of the decision is an integral part of the right to effective judicial protection, as it is a logical consequence of the court's consideration of citizens' legal claims. The right to effective judicial protection and due legal procedure, as the timely implementation of decisions of the Constitutional Court is an imperative of the principle of legal certainty. It is a fundamental element of the requirement of efficiency, which is part of the process and guarantees compliance with the principles of supremacy and constitutional inviolability by all branches of government and citizens.
 The enforcement of judgments issued by constitutional courts or tribunals is adjusted to the right of the party in whose favor the judicial authority rules, so that those who issue them or those who are responsible for their execution are obliged to take the necessary and timely measures measures for their strict compliance, in accordance with current rules and procedures.

Genesis of national legislation and scientific thought development regarding criminal liability for perjury

One of the ways to mislead a court or other authorised body is to provide deliberately false testimony by a witness or victim, for which the legislator provides for criminal liability in Article 384 of the Criminal Code of Ukraine. Based on the social danger of this criminal offence, which is an encroachment on the lawful procedure for the administration of justice, in particular, ensuring the rule of law, legality in the procedural activities of courts, law enforcement agencies, and other institutions entrusted with the enforcement of court decisions, the importance of ensuring a high-quality investigation of these criminal offences has been emphasised. The purpose of the study is defined as clarification and generalisation of theoretical concepts of the emergence and historical development of the peculiarities of criminal liability for knowingly false testimony of a witness and a victim, and outlining the areas for improvement of modern scientific knowledge on this issue.
 The article analyses certain aspects of the development of national legislation on criminal liability for perjury of a witness and a victim. The author summarises the theoretical developments of scholars whose research focused on the issues of criminal liability for committing criminal offences of this type, as well as the procedural features of obtaining witness and victim testimony, and the specifics of their verification and evaluation. Given the above, the article assesses the development of scientific thought in this regard, and outlines the prospects for further research in the context of determining the grounds and specific features of criminal prosecution of persons who have induced or forced a witness and a victim to give false testimony. The author describes the current state of scientific support for the organisational and tactical principles of investigation of criminal offences of this type, as well as the procedural aspects of obtaining testimony, its verification and evaluation.

Некоторые проблемные аспекты исполнения судебных актов в современной России

The issues of making a court decision, as well as its execution, are related to such institutions as the imposition of punishment, and the execution of judicial acts. To date, the issues of execution of the court decision are assigned to various executive authorities. Within the framework of the conducted research, the author analyzes the state of execution of adopted judicial acts in Russia. The study showed that there are problems in the activities of executive authorities, indicating the inef􀏐iciency of the system of execution of judicial acts. This provision explains the relevance of the issue under study and indicates the insuf􀏐iciency of the executive discipline of individual state authorities. The author analyzes the existing problems regarding the execution of court decisions, identi􀏐ies the possibility of legislative evasion from such execution. In this connection, the author suggests measures to improve this direction of state policy in order to stabilize public relations in the 􀏐ield of execution of court decisions, since timely and proper execution of court decisions testi􀏐ies to the protection of the rights of citizens and legal entities, maintains the image of the judicial system and ensures the normal state of the economic and legal situation in the state. Аlso proposes speci􀏐ic changes to the current legislation aimed at stabilizing and ef􀏐iciency of the activities of executive authorities for the implementation and enforcement of court decisions.

Enforcement of court decisions in Ukraine: efficiency, legal liability and international influence

Enforcement of court decisions in Ukraine: efficiency, legal liability and international influence

‘Enforcement of Custody and Contact Orders: Considerations in the Framework of Comparative Law and the Changes Brought by Law No. 7343'

Çocuk teslimi ve çocukla kişisel ilişki kurulmasına dair mahkeme kararlarının yerine getirilmesi, Türk yasa koyucusunun getirmiş olduğu yeni değişiklikler nedeniyle oldukça güncel bir konudur. Çocuk teslimi ve çocukla kişisel ilişki kurulmasına ilişkin mahkeme kararlarının yerine getirilmesine ilişkin sistem 7343 sayılı Kanunla değişmiştir. İcra İflas Kanunu hükümleri çerçevesindeki, uzun zamandır yoğun eleştirilere uğrayan uygulama sona ermiş; Çocuk Koruma Kanunu’na ve Türk Medeni Kanunu’na eklenen yeni hükümler uyarınca çocuğun üstün yararını daha iyi gözetmesi hedeflenen yeni bir sistem geliştirilmiştir. Çalışmamızda mevzuat değişikliğine duyulan ihtiyacın gerekçesi ve yeni sistemin ortaya çıkış süreci ele alınmıştır. Türk hukukunda geliştirilen sisteme ışık tutması amacıyla, yabancı hukuklarda konunun yasal düzenlemeler ve uygulama bağlamında nasıl ele alındığına; ülkeden ülkeye çeşitlilik arz etmekle birlikte, öngörülen tedbir ve yaptırım mekanizmalarına yer verilmiştir. Son olarak 7343 sayılı Kanunun getirdiği değişiklikler ele alınmıştır. Yeni sistemin genel itibarıyla olumlu yönleri olmakla birlikte, sistemin çocuğun üstün yararının korunmasında ne derece etkin olabileceğinin ancak gelişen uygulamayla sağlıklı değerlendirilebileceği düşünülmektedir.

Enforcement of court decisions in civil cases: today's problems

The paper is devoted to the main aspects of the execution of court decisions as the final stage of the civil process, special attention is focused on the problems of today. The meaning of the last stage of the civil process was analyzed and its place among other procedural actions was clarified. The reasons for the actual non-execution of court decisions are determined, which are related to the violation of the systematic organization of their implementation both procedurally and organizationally, and which are also related to the full-scale war in Ukraine. Regulatory legal acts at the national level are singled out, which guarantee every person the right to judicial protection and the mandatory execution of court decisions. The process of execution of court decisions in civil cases is characterized in accordance with national legislation, which begins with the opening of executive proceedings. The main task of civil justice is emphasized, which is aimed at protecting the rights, freedoms or interests of natural persons, the rights and interests of legal entities, and the interests of the state. It is emphasized that the implemented court decision serves as the only indicator of the effectiveness of justice in the country, because if the court decision is not implemented, it means that the institute for the protection of the rights, freedoms and legitimate interests of individuals and legal entities does not work in the country. It is noted that the execution of court decisions has always been a significant problem for domestic justice, in particular, it is associated with long terms, excessively formal requirements, limitation of opportunities for the debt collector and the debtor to influence the enforcement proceedings, etc. It is noted that the institute of private executors, which has existed for only a few years, has already demonstrated its effectiveness, however, the percentage of execution of court decisions has decreased over the past six months, which is connected with military actions on our territory. Therefore, equalizing the mandates of private and state executors can be a possible step on the way to improving the execution of court decisions. It is concluded that ensuring the execution of the court decision is the duty of the state, the authority of the judiciary, trust in the court and faith in justice depend on its execution.

Problematic Issues of Liability for Crimes against Justice in the Criminal Law Doctrine

The study of problematic issues of responsibility for crimes and misdemeanours against justice becomes particularly relevant, considering the reform of judicial proceedings, and the discussion in the scientific community of the draft Criminal Code of Ukraine. The study applied a dialectical approach and the corresponding method, a systematic approach, methods of system analysis, technical and legal analysis, formal and logical, and sociological approaches. The purpose of this study is to formulate proposals on the structure of the division on responsibility for crimes, misdemeanours that encroach on the established procedure of legal proceedings, execution of court decisions, initial provisions on the regulation of the material basis of criminal liability for certain groups of encroachments on the established procedure of legal proceedings, execution of court decisions, approaches to criminal law protection of professional advocacy in the draft Criminal Code of Ukraine. As a result of the study, it was concluded that the criterion for systematisation of norms within the structural division of the draft Criminal Code of Ukraine on responsibility for encroachment on the established procedure for legal proceedings and enforcement of court decisions should be taken as a specific object of relevant crimes and misdemeanours. It is proposed to provide in the draft Criminal Code of Ukraine responsibility for interference in the activities of special victims – participants in relations on the implementation of legal proceedings and the execution of court decisions with differentiation of forms of such influence on the relevant victims depending on its intensity, which, accordingly, have different degrees of public danger. The expediency of placing in the structural unit of the draft Criminal Code of Ukraine on liability for crimes and misdemeanours against justice, the rules protecting social relations that ensure the activities of the defender, the representative of the person has been substantiated. At the same time, it is proposed to provide for a separate provision in the structural subdivision of the special part of the Criminal Code of Ukraine, where the object is social relations to ensure the socio-economic rights of a person, which would establish liability for intentional obstruction of a lawyer in the exercise of their lawful professional activity, in the absence of signs of criminal offences providing for liability for unlawful influence on a defender or representative. The provisions and proposals formulated by this study may be useful when developing the draft Criminal Code of Ukraine.

Legal Challenges for Ukraine under Martial Law: Protection of Civil, Property and Labour Rights, Right to a Fair Trial, and Enforcement of Decisions

Background: On 24 February, Russia launched a military attack on the entire territory of Ukraine, in connection with which the President of Ukraine declared martial law. According to the Law of Ukraine ‘On Martial Law’, martial law is a special legal regime introduced in the event of armed aggression, danger to the state independence of Ukraine, or its territorial integrity and arranges for the provision of appropriate state authorities, military command, military administrations, and local authorities self-governance of the powers necessary to avert the threat, repel armed aggression and ensure national security, and eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as the temporary restriction of the constitutional rights and freedoms of persons and citizens and the rights and legitimate interests of legal entities within the validity period of these restrictions. This study is designed to analyse the consequences of armed aggression against Ukraine and the introduction of the appropriate legal regime in such areas as the realisation of property rights, the administration of justice, the enforcement of court decisions, and labour relations. Methods: To achieve the goals of the research, general scientific and special methods of scientific research were applied, such as comparative-legal and semantic-structural methods and the method of grouping, analysis, synthesis, and generalization. Results and Conclusions: The introduction of the martial law regime throughout the territory of Ukraine affected all spheres of life and, as a result, requires adaptation to modern realities. In particular, this consists of changes to the current legislation because the martial law regime involves the restriction of certain constitutional rights and freedoms of persons and the introduction of new mechanisms – for example, the suspension of labour relations, changes in the jurisdiction of courts for the possibility of justice, expanding the competence of private executors, and even making changes to the regulations of ICAC due to the impossibility of sending documents by mail, as well as allowing process participants to personally participate in meetings.

Direct Effect of the Constitution of Ukraine in Focus: Access to the Justice and Judicial Control of the Enforcement of Judgment

Proper enforcement of court decisions is part of the general concept of access to justice, as it involves the restoration of violated rights by third parties or public authorities. From the point of view of the supremacy of the constitution and their direct effect, the article analyzes the enforcement of court decisions in relation to access to justice. The first part reveals the relationship between constitutional and international standards of access to justice. The second part highlights the main components of access to administrative justice. The third part of the paper analyzes the standards of due process and judicial control over the execution of court decisions. Since we are talking about judicial control over the execution of a court decision and the execution of such a decision as ways of achieving results for persons who have applied for protection of their rights with a lawsuit, it is worth focusing on the applicants. Such in the enforcement proceedings will be the parties to the enforcement proceedings, or rather one of the parties - the claimant.
 Access to justice in the context of the principles of constitutional and international law is interpreted on the grounds that the right to judicial protection is not absolute and may be limited on the basis of proportionality, in particular for reasons of procedural economy, efficiency and effectiveness of legal protection. The concept of access to justice follows from the understanding of the rule of law and Rechtsstaat in their relationship. The components of access to justice are the following: 1) pre-trial settlement procedures, in particular mediation; 2) access to legal aid and court fees; 3) terms of consideration of the case; 4) the procedure for appealing court decisions; 5) efficiency and effectiveness of execution of court decisions. Together, they form the notion of access to justice, which is complete provided that court decisions are effectively enforced within a reasonable time. This is influenced by a number of institutional and procedural factors that depend on the degree of development of the legal culture of society.

Legal Mechanism for Countering Illegal Activities in the Provision of Consumer Credit: Current State and Prospects for Improvement

The high profitability of consumer credit activities, supported by growing demand, has determined the formation of an illegal sector of financial services provided by entrepreneurs on behalf of an individual. Not being among the entities authorized to provide consumer credit services, these persons are not only not burdened with the Bank of Russia control, but are also invulnerable to the law. In order to protect the rights of consumers of financial services, in 2021 the legislator criminalized illegal activities for the provision of consumer loans (loans) (Article 171.5 of the Criminal Code of the Russian Federation) and changed the content of the related Article 14.56 of the Administrative Code of the Russian Federation. Having deviated from the rules of legal writing when formulating Article 171.5 of the Criminal Code of the Russian Federation and burdening the composition with administrative prejudice, without eliminating the reasons for the low effectiveness of the application of Article 14.56 of the Administrative Code of the Russian Federation, the legislator blocked the implementation of Article 171.5 of the Criminal Code in practice. According to the author, the inevitability of administrative liability of illegal creditors can be ensured by excluding restrictions on the subject from Part 1 of Article 14.56 of the Administrative Code of the Russian Federation, as well as changing the approach to determining the end of the specified offense, linking it not with the date of conclusion of the contract, but with the date of presentation by the creditor of documents for the organization of enforcement of court decisions on debt collection. The implementation of administrative responsibility, as well as a change in the judicial practice of debt collection in favor of the pawnbroker, which excludes the «interests» of the illegal creditor from the sphere of state protection, will prevent illegal actions in the financial market, and eliminate the need for a criminal ban. The preservation of the criminal act will require changes in Article 171.5 of the Criminal Code of the Russian Federation, the author’s version of which is proposed in the paper.

Relations Developing in Enforcement Proceedings and the Subject of Civil Procedural Law

The article considers the issue whether the relations developing in enforcement proceedings are included in the subject of civil procedural law. The important practical importance of the correct definition of the subject of the industry is indicated. The views of Professor A. K. Sergun on the nature of relations arising in connection with the enforcement of acts of jurisdictional bodies are considered. The author agrees with the position that the enforcement of court decisions is the final stage of civil proceedings, and the relations arising in enforcement proceedings are regulated by the branch of civil procedural law. A critical assessment is given to the arguments of supporters of the separation of relations arising from the compulsory execution of acts of jurisdictional bodies from the subject of civil procedural law. It is concluded that heterogeneous social relations can be united in the subject of the industry if it is practically justified by the need existing in society for their qualitatively peculiar, built on uniform principles of regulatory regulation.

Electronic Court Case

Formulation of the problem. The subject of the article is the concept, the legal nature of an electronic court case. All judicial activities (both organizational and procedural) are continuously documented, including through the formation of court cases by creating and maintaining them. Correct organization of judicial activity at all levels is an important condition for the implementation of high-quality and effective justice, compliance with procedural norms, timely consideration of court cases and enforcement of court decisions. Purpose of the Work: to reveal the theoretical and methodological foundations of building a modern rational innovative electronic document management, mediated by an automated information system in the courts of the Russian Federation. Results, Brief Conclusions. An electronic court case is understood as a set of documents, information about documents (metadata of documents), information about a case (metadata of a case), documented legally significant actions, mediated by information systems, characterized by a single semantic orientation. Each electronic litigation case has its own life cycle: from the moment of creation to deposit (destruction). All legally significant actions within the framework of an electronic court case are drawn up (documented) in the information systems of the court. Electronic court case is a new communication environment for the subjects of the relevant legal relations to exercise their powers, rights and obligations, which largely determines the mode of action of their carriers.

АНАЛІЗ ЗМІН ДО ЗАКОНІВ УКРАЇНИ В УМОВАХ ВОЄННОГО СТАНУ У СФЕРІ ВИКОНАННЯ СУДОВИХ РІШЕНЬ. ПРОГНОЗОВАНІ НАСЛІДКИ ЦИХ ЗМІН ДЛЯ ЕКОНОМІЧНОГО ВІДНОВЛЕННЯ ДЕРЖАВИ

The article is a study of such levers of influence and balancing of the state budget as a sphere of execution of court decisions, which belongs to the direction of the sphere of justice. Legal protection occupies a leading place in modern society. In Ukraine, the European model of full-fledged enforcement of court decisions is constantly developing. Today, when the eight-year war with the Russian aggressor continues, Ukraine is on the path of major changes and reforms, which are aimed at increasing the effective operation of all state authorities under martial law, including the judicial branch, which carries out its activities by resolving legal conflicts between citizens, authorities and organizations. The experience of the European Court of Human Rights, which introduced a special pilot decision procedure to speed up the consideration of similar cases, is mentioned. Despite the emergence of many problematic issues of the functioning of the judicial system and the execution of court decisions in the conditions of a full-scale invasion of Russia, the law-making process in Ukraine continues, the leading task of which is to improve, increase efficiency and expand opportunities for the implementation of judicial proceedings. In this regard, quite a large number of draft laws have been proposed and already implemented, the purpose of which is to simplify and improve the conditions of activity of pre-trial investigation bodies, judicial spectrum of actions and executive bodies and services. The article also analyzes the Law of Ukraine "On Executive Proceedings", the Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding the Activity of Private Executors and Enforcement of Court Decisions, Decisions of Other Bodies (Officials) During the Period of Martial Law", the Law of Ukraine "On Bodies and Persons Carrying Out Enforcement of Court Decisions and Decisions of Other Bodies", the draft Law of Ukraine "On Amendments to Certain Legislative Acts on Improving the Mechanism of Judicial Control over the Execution of Court Decisions and the Procedure for Establishing or Changing the Method of Execution of Court Decisions". At the same time, approaches to judicial control really need changes, so that it becomes one of the effective means of full and timely execution of court decisions, which is a certain step towards the economic recovery of Ukraine after the introduction of martial law and Russian aggressive activity towards our country.

On some issues of cross-border class actions

At present, globalization imposes the conditions under which legal conflicts are no longer confined to the territory of one state and involve hundreds and thousands of people, both in Russia and abroad. Class actions are becoming global procedural means for collective protection of rights and interests, while the effectiveness of national models of class actions and their adaptation to cross-border conditions are questioned. According to the author, the greatest difficulties in cross-border class actions may arise in determination of amenability and jurisdiction, proper notification of foreign group members and joining the submitted claim, validity of court decisions in the cross-border class action and its recognition and execution, and the exclusion of adjudication of individual accusations in a foreign country after the court decision rendered in the cross-border class action. Based on the analysis of certain aspects, the author suggests that the resolution of issues of recognition and enforcement of court decisions in cross-border class actions can be affected by the models of class actions according to the rules for involving group members in group proceedings (opt-in and opt-out models). The paper provides recommendations for improving the current Russian procedural legislation in the context of development of the institution of class actions in the cross-border aspect, which concern the detailing of the legal regulation of the procedure for notification of foreign group members about the possibility of joining the class action.

Interim measures in the system of guaranteeing the right to a fair trial

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process.
 To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice.
 Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.

Claiming for recovery of funds and (or) property of others: search for legislative compromise and review of law enforcement practice

In the light of extremely low level of enforcement of court decisions in Ukraine, the formation of effective legal instruments of coercive judgment enforcement measures is getting particularly important. One of the most effective ways to protect the interests of the claimant, which increases the effectiveness of execution of a court decision of a property nature and expands the possibilities of enforcement proceedings, is to claim for recovery of money and (or) property of others. This legal institution allows the enforcement of money and (or) property of another person who is not a party to the enforcement proceedings, but either holds the property or has a debt to the debtor. The article describes the issue of legislative uncertainty of the procedural status of another person whose property and (or) funds are being recovered and formulates ways to resolve it. A number of collisions between the Civil and Commercial Procedural Codes and the Law of Ukraine “On Enforcement Proceedings” were revealed in terms of legal regulation of the institution of claim for recovery of property of others, in particular in terms of seizure of funds of a person in debt to the debtor. It is proposed to resolve the identified collisions in favor of procedural codes. The legal nature of the arrest, which is imposed on the money of another person in the recovery procedure, is determined. On the example of case law, the discretionary power of the court in considering claims for recovery of funds of a person who owes money to the debtor are analyzed, and the incompleteness of the legislative list of grounds for refusal to satisfy the application for recovery is stated. Attention is drawn to the imperfection of the procedural codes in terms of regulating the possibility to appeal to Court of Appeal and Court of Cassation judgements issued as a result of consideration of claims for recovery of funds of a person who has debts to the debtor. Through the prism of law enforcement practice, the subject of proof in the consideration of applications for recovery of funds of persons who have debts to the debtor and clarifies the distribution of the burden of proof in this category of cases.

The theory of the executive process and its conceptual apparatus

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings:
 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).

Access to finance for SMEs in post-socialist countries: the Baltic States and the South Caucasus compared

PurposeThis article examines access to finance for SMEs in the Baltic States and the South Caucasus countries following the financial crisis of 2007 and is set within the context of the rule of law for businesses.Design/methodology/approachThe article uses the cross-sectional dataset from the Business Environment and Enterprise Performance Survey (BEEPS) for 2009 to examine access to finance for SMEs and the court system in the Baltic States and the South Caucasus countries. An ordered probit estimation technique is used to model access to finance and the court system in the Baltic States and the South Caucasus countries. The analysis draws upon institutional theory to explain access to finance for SMEs.FindingsThe results show variations from one Baltic State and South Caucasus country to another in relation to fairness, speed of justice and enforcement of court decisions. The analysis suggests that if access to finance is not an obstacle to business operations and the court system is fair, impartial and uncorrupted, it determines the likelihood of strength in entrepreneurship. Additionally, the results show that, within the Baltic region, businesses experiencing constraints in accessing finance are more likely to have females as their top managers. However, for the South Caucasus region, there was no gender difference.Research limitations/implicationsThis research is based on evidence from the Baltic States and the South Caucasus region. However, the findings are relevant to discussions on the importance of the context of entrepreneurship, and more specifically, the rule of law. The institutional theory provides an explanation for coercive, normative and mimetic institutional isomorphism in the context of access to finance for SMEs. Coercive institutional isomorphism exerts a dependence on access to finance for SMEs. In coercive institutional isomorphism, formal and informal pressures are exerted by external organisations such as governments, legal regulatory authorities, banks and other lending institutions. These formal and informal pressures are imposed to ensure compliance as a dependency for successful access to finance goal.Practical implicationsThis research creates awareness among entrepreneurs, potential entrepreneurs, business practitioners and society that reducing obstacles to access finance and a fair court system improve entrepreneurial venture formation. This has the potential to create employment, advance business development and improve economic development.Originality/valueThis paper makes an original contribution by emphasising the significance of access to finance and a fair court system in encouraging stronger entrepreneurship. The institutional framework provides a definition for coercive institutional isomorphism to show how external forces exert a dependence pressure towards access to finance for SMEs.

Denationalization of enforcement proceedings: foreign experience and prospects for Implementation in the Russian Federation

Current state of the world economy and the development of private law institutions implies limited interference of the government in the activity of the actors of social relations based on their equality, autonomy of will, and property autonomy. Foreign experience demonstrates that the transfer of certain public functions from the government to nongovernmental or private entities yields positive results. One of such spheres of activity is the enforcement of court decisions and acts of other branches, which in a number of countries is carried out by private executors. At the same time, the effectiveness of the nongovernmental model of enforcement proceedings first and foremost depends on the quality of legal regulation. This article is dedicated to the analysis of Russian and foreign models of enforcement proceedings. The authors explore the mechanisms of denationalization of the state system of enforcement of executive documents and the prospects for its implementation in the Russian Federation. The scientific novelty of the research consists in the development of the key vectors of reforming the system of enforcement proceedings in the Russian Federation associated with partial transfer of the authority on enforcement of executive documents from bailiffs to private enforcement agents. It is noted that recently the rate of enforcement of executive documents has not been sufficient to indicate the effectiveness of enforcement proceedings, which is primarily substantiated by the increased workload of bailiffs. The conclusion is made on the need to reform the mixed model of enforcement proceedings in the Russian Federation, which includes two links: governmental and nongovernmental. The basic characteristics of such a model are formulated.