Legitimate Interests Of Individuals Research Articles

Complete Prohibition as a Method of Legal Regulation of Confidential Cooperation of Lawyers with Intelligence Bodies, and Intelligence Operations Privileges

Russian legislation that regulates legal relations of confidential cooperation of lawyers with intelligence bodies is characterized by inconsistencies that can be overcome optimally within the framework of law-making activities. The conducted analysis makes it possible to conclude that the most acceptable way of legal regulation of the relations in question is the ban on the establishment of legal relations of confidential cooperation. It is due to the specifics of advocacy and the special status of the legal privilege as an institution of civil society that performs significant functions in protecting the rights and legitimate interests of individuals and legal entities. At the same time, the author believes it is permissible to make an exception as to legal privileges of intelligence character by recognizing the establishment of legal relations of confidential cooperation between the relevant entities when competent authorities are in need of the assistance of persons of the specified category involved in any form in the activities of criminal groups, organizations or communities provided that such confidential cooperation is used to suppress the functioning of these destructive associations.

On Some Issues of Modeling the Economic Efficiency of Measures Implemented by Subjects of Public Control as a Criterion for Evaluating the Effectiveness of Their Activities

Annotation. This article is devoted to the analysis of the need to model a system for assessing the economic efficiency of activities implemented by subjects of public control. In the modern world, the existence and development of individual independent and sovereign states is determined by the level of democracy in the organization and functioning of the apparatus of public power, which in its activities must take into account the interests and needs of the entire population of a particular country, or its overwhelming majority. In this regard, the role and importance of the entire set of civil society institutions in ensuring democratic regimes in individual national states is increasing. In the Russian Federation, the most important institution of civil society at the present stage is the institution of public control. The work substantiates the place and role of this institution of civil society as a legal guarantee of the system of constitutional rights, freedoms and legitimate interests of individuals and legal entities, the rights and legitimate interests of certain categories of legal entities. The authors formalized and analyzed the main factors influencing the effectiveness of the processes of organizing and conducting public control events. The work examines the main problems and prospects for increasing the performance of subjects of public control in the Russian Federation. It is substantiated that one of the main conditions for increasing the effectiveness of the functioning of the institution of public control is the need to assess the effectiveness of the activities of the entire system of subjects of public control in Russia. The work has developed and substantiated the author’s definition of the concepts "effectiveness of activities of subjects of public control", "model for assessing the economic efficiency of activities implemented by subjects of public control". The main features of these concepts, their essence and content are investigated and analyzed. The article formulates and substantiates a model for assessing the economic efficiency of activities implemented by subjects of public control (since it is the most important criterion for assessing the performance of subjects of public control in particular, as well as the institution of public control itself in general), which is a systemic set of quantitative and qualitative criteria.

Organization and Implementation of Public Tax Control in Russia: Modern Problems and Ways to Solve Them

Annotation. This scientific research addresses the issues of the functioning and development of public tax control, which is the most important component in the system of guarantees of both the system of constitutional principles (especially democracy and the participation of Russian citizens in the functioning of the public administration system), and the system of rights, freedoms, legitimate interests of individuals and legal entities in Russia. The necessity of incorporating the institution of public tax control into the Russian legal system is substantiated. The article examines various approaches to defining the concept of public tax control and substantiates its author's definition. The work analyzes modern problems that hinder the development of public tax control in Russia, including: the lack of enshrinement of this institution of civil society in the Constitution; not developing specific forms, methods and types of public tax control measures in the Russian scientific legal doctrine; the lack of real powers among subjects of public control to exercise effective public tax control; lack of specialized subjects of public control in this area; poor use of modern information and communication technologies by these entities in their activities; insufficient funding for their activities from state and municipal budgets; weak use of foreign positive experience in organizing and functioning of control of civil society in this area; the absence of specific measures of responsibility for counteracting the legitimate activities of representatives of subjects of public control in criminal and administrative legislation. The article develops and substantiates a system of measures to resolve these problems by: incorporating public tax control into the Constitution of Russia; its details in Russian legislation; expanding the powers of subjects of public control; creation of special entities in the field of public tax control, independent of tax authorities; using in their activities positive foreign experience in exercising public control in the field of tax legal relations; developing a system of federal programs to develop the organizational, technical and financial base of subjects of public control, increasing their use of modern digital technologies; tightening measures of criminal and administrative liability for opposing the legitimate activities of subjects of public tax control.

Профессиональные риски в адвокатской деятельности

Advocates in their activities face numerous risks that cannot but affect the effectiveness of protecting the rights, freedoms and legitimate interests of individuals and organization. The purpose of the article is to identify these risks and explore ways to minimize them both within the framework of legislative activity, and in theory and practice. Increasing the level of legal awareness and legal culture of society is also inextricably linked with overcoming by representatives of the legal profession, including advocates, those challenges that pose professional risks to them.

Генезис правовых основ коллекторской деятельности в контексте судебной реформы: этапы эволюции и современное состояние

The article traces the main stages of the formation and development of the legal foundations of collection activities in the Russian Federation. It is noted that at the first stage – until 2016 – the collectors, who began their activities in the Russian financial services market in the early 2000s, carried out their work within the frame-work of general civil legislation, based on their own ideas about legality. The adoption on July 3, 2016 of two Federal Laws No. 230-FZ «On the Protection of the Rights and Legitimate Interests of Individuals in the Implementation of Activities for the Repay-ment of Overdue Debts and on Amendments to the Federal Law «On Microfinance Activities and Microfinance Organizations» and No. 231-FZ «On Amendments to Certain Legislative Acts of the Russian Federation in in connection with the adoption of the Federal Law «On the Protection of the Rights and Legitimate Interests of Individuals in the Implementation of Activities for the Re-payment of Overdue Debts and on Amendments to the Federal Law «On microfinance activities and microfinance organizations», marked the beginning of the second stage of the development of legal regulation of this segment of Russian legislation. The current (third) stage in the evolution of the legal foundations of collection activities is associated with the entry into force of Federal Law No. 467-FZ dated August 4, 2023 «On Amendments to the Federal Law «On the Protection of the Rights and Legitimate Interests of In-dividuals in the Implementation of Activities for the Repayment of Overdue Debts and on Amendments to the Federal Law «On Microfinance Activities and microfinance organizations». It is stated that at this stage, the improvement of the legal regulation of this segment of Rus-sian legislation is carried out simultaneously in several directions with the priority of developing a digital model of interaction between the state, business and the debtor.

Виды гражданских прав, законных интересов физических и юридических лиц, реализуемых при участии нотариуса

As part of the study, examples of notarial actions were selected that demonstrate the legal role of a notary in the implementation and protection of civil rights and legitimate interests of individuals and legal entities, and a definition of legitimate interest was given. It is established that the notary is one of the forms of realization of the system of legitimate private interests, which are the basis of the subjective civil rights of individuals and legal entities. The author presents a classification of civil rights and legitimate interests of individuals and legal entities, depending on the need for a notary to participate in their implementation.

On the question of recognition of the decision of the subject of authorities as unlawful

The article examines the problems of recognition of illegal decisions of subjects of power. The author draws attention to the fact that the decision of the subjects of power is a consequence of the implementation of the public-authority management function by the subjects of power. The legality of the decisions of the subjects of power is a necessary condition for the legality of activities to ensure citizens’ realization of their rights, freedoms and interests. The article states that the legality of the decisions of the subjects of power ensures the legality of administrative and regulatory activities, the proper level of law and order in the state, and the protection of the rights of participants in public-law relations. The author draws attention to the fact that administrative courts play a significant role in matters of legality verification, protecting rights, freedoms and interests by recognizing the decisions of subjects of authority as illegal. It is justified that the cancellation or invalidation of the decision of the subject of power can be considered one of the ways to ensure its legality and the extent of responsibility of the body or official who made the relevant decision. It is concluded that the annulment or invalidation of the decisions of the subjects of power, recognized by the court as illegal, is of undoubted importance for ensuring law and order by eliminating illegal regulatory and individual acts from the law enforcement mechanism, and restoring the violated rights, freedoms and legitimate interests of individuals in the field of public and legal relations. The article substantiates that recognition of an act as illegal is a separate way of protecting the violated rights, freedoms or interests of a person. If the act is recognized as illegal, the court, depending on the type of act, applies other methods of protection, annulment of the individual act, or invalidation of the normative legal act.

Use of special knowledge in the investigation of crimes committed by employees of collection agencies

The article discusses some issues of the organization of proceedings in criminal cases committed by employees of collection agencies against debtors in debt collection. The introduction of a new rule of Article 172.4 of Criminal Code of Russian Federation into the criminal law is positively assessed, which, according to the authors, will strengthen the level of protection of the rights and legitimate interests of individuals with overdue debts in the credit sphere, especially in the field of microloans. It is noted that this is a new type of crime, for the effective investigation of which law enforcement agencies are not quite ready to a certain extent due to insufficient development of practical recommendations for conducting investigative and other procedural actions. Attention is paid to such an aspect as the use of special knowledge when conducting procedural actions on this category of crimes, which is due to the specifics of their commission. The methodology of the study consists in the use of an integrated and information-analytical method of processing forensic information, forensic investigative practice, as well as an objective assessment of the recommendations available in the legal literature on the production of procedural actions with the involvement of special knowledge. Recommendations on the use of specialist assistance in the production of verbal and non-verbal procedural actions are presented. Attention is drawn to the large volume of examinations conducted in cases of this category, the choice of which is influenced by the nature of the criminal activity considered in the article. It is concluded that the specifics of the implementation of criminal activities of employees of collection agencies in the collection of overdue debts affects a significant area of public relations, the knowledge of which is often difficult or impossible without the use of special knowledge.

The purpose of administrative ensuring the balance of interests in the field of environmental regulation

The article examines the purpose of administrative maintenance of the balance of interests in the field of environmental regulation. Systemic, structural-functional methods and the method of comparison were used for the research. The topicality of the topic is due to the need to increase the effectiveness of the legal regulation of environmental protection, environmental safety, and nature management. In the context of current environmental legislation, the purpose and tasks of legal regulation are considered. It is noted that the subject-objective basis of administrative-legal regulation, which is expressed with the help of the concept of the idea of law. The latter acts as a legal idea of administrative and legal regulation in the field of ecology and forms the subject- objective basis of content and research. It is noted that the specification of the concept is manifested in the understanding of the balance of interests as a planned result of the coordination of the public interest of protecting the natural environment with basic public interests (economic well-being of citizens, security, and others), even with private interests. Protection of the public interest should have the ultimate goal of protecting the rights and freedoms of a specific person and citizen of the state. The purpose and planned result of the reconciliation of interests is to ensure basic public interests, ensure the subjective environmental rights and legitimate interests of citizens, and protect them from the misconduct of powerful subjects of administrative law in the field of legal regulation of environmental protection. The administrative-legal maintenance of the balance of interests in the field of environmental regulation is defined as a system of organizational, material and procedural administrative-legal means, with the help of which, in the process of realizing the public interest of environmental protection, basic public interests are ensured, the rights and legitimate interests of individuals and legal entities are ensured and protected.

Educational Activity Licensing Procedure: Administrative and Legal Nature

The relevance of the study of the licensing procedure of educational activity is determined primarily by the need to improve the legislation on higher education within the scope of the Law of Ukraine "On Administrative Procedures". Normative acts regulating the licensing of educational activities are classified depending on the subject of regulation and are distinguished: 1) those regulating the static characteristics of licensing of educational activities; 2) those regulating the dynamic characteristics of educational activity licensing. It is substantiated that the procedure for licensing educational activity is a public procedure related to the exercise of the right to educational activity. The features characteristic of the educational activity licensing procedure as a type of administrative procedure are singled out, namely: it is carried out in the manner determined by the legislation on higher education; concerns public-legal relations regarding the provision of rights, freedoms or legitimate interests of individuals in the field of educational activity; is decided with the participation of an administrative body - an executive body, or rather the Ministry of Education and Science; as a result of the administrative procedure, the license is accepted as an administrative act, etc. It was concluded that according to the classification criteria, the licensing procedure of educational activity is a type of: 1) special partial; 2) law enforcement; 3) non-jurisdictional; 4) external; 5) declaratory administrative procedure. It has been established that a license is a decision of an individual nature, which is taken by an executive body authorized to perform the functions of public administration to resolve a specific case for the acquisition, change, termination or realization of rights and/or obligations in the field of education.

Peculiarities of the application of measures of procedural coercion in administrative proceedings

The article is devoted to the study of the peculiarities of the application of measures of procedural coercion in administrative proceedings.
 It is noted that the application of measures of procedural coercion is related to the restriction of personal freedom and will of citizens. Therefore, measures of procedural coercion should be applied only in accordance with their purpose, in the presence of grounds established by law and in the manner established by law.
 It is indicated that a warning is a written remark addressed to a person about violation of order in a court session or failure to comply with the instructions of the court chairman. For example, offensive accusations of participants in the court process, remarks, failure to observe silence in the courtroom, etc. The application of a warning is formalized by a court decision and recorded in the minutes of the court session.
 It is emphasized that the temporary seizure of evidence for examination by the court is the requisition by the court of written and material evidence that was not presented for examination by the court without valid reasons. For example, non­submission of a regulatory act by a government body in order to avoid checking the presence of norms that contradict the Constitution and laws of Ukraine violates the rights and legitimate interests of individuals or legal entities.
 It is indicated that the pretext applies to properly notified persons whose personal participation is recognized by the court as mandatory, witnesses who did not appear at the court session without a valid reason or did not report the reason for non­appearance through the National Police of Ukraine, with compensation to the state treasury costs for its implementation.
 It is emphasized that the application of procedural coercion measures is of great importance, as it provides the head of the administrative court with real tools of influence on persons who violate the rules established by the court, creating obstacles to a proper trial.
 It is noted that the court may cancel its decision on the imposition of a fine if the person against whom it was issued has eliminated the committed violation or provided evidence of the seriousness of the reasons for not fulfilling the relevant requirements of the court or its procedural obligations.

On the concept and subjects of the official interpretation of the rules of law

The article is devoted to one of the most important problems of the general theory of law. The issues of official interpretation of law, despite the relatively greater development in the soviet and modern legal literature of the Republic of Kazakhstan and other states of the post-soviet space, nevertheless, remain relevant. The legislation of our country rather ambiguously and controversially defines the concept and subjects of the official interpretation of laws and other regulatory legal acts, giving rise to some contradictions in the laws themselves and thereby causing an arbitrary interpretation of legislative norms by law enforcement agencies, organizations and citizens. And this is a direct path to arbitrariness, violation of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the state itself and society as a whole. In this regard, the author of this work made an attempt to comprehend this problem from scientific positions and give his own vision of its solution.

The interconnection between the procedural form and the lawsuit in administrative proceedings: theoretical and methodological aspect

Introduction. Under such conditions, the administrative lawsuit and the procedural form are the basic and fundamental institutions of administrative justice, performing the function of a human rights instrument, providing judicial protection of the rights, freedoms and legitimate interests of citizens. The purpose of the paper is to carry out further scientific development of the categories «administrative lawsuit», «procedural form of administrative proceedings», their mutual influence, connection and correlation between the claim and the procedural form in administrative proceedings. Results. At the present time, the administrative lawsuit performs the function of a human rights instrument that ensures the initiation of judicial protection of the rights, freedoms, and interests of citizens against illegal decisions, actions, or inaction of subjects of authority, it is also used as a means of exercising the authority of subjects in the field of public law relations mediated by the relevant decision of administrative courts. The procedural form of administrative proceedings and an administrative lawsuit are aimed at protecting the rights, freedoms and legitimate interests of individuals, rights and interests of legal entities in the field of public legal relations. Conclusions. Adherence to the procedural form in administrative judicial activity and the claim procedural form are guarantees of ensuring the rights, freedoms and legitimate interests of the participants in the judicial process, and the validity of all decisions (decisions) made by the court.

CERTAIN PROBLEM ASPECTS OF THE PROTECTION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS IN MODERN CONDITIONS

The article identifies and characterizes certain problematic aspects of the protection of participants in criminal proceedings, which are caused by the introduction of martial law in Ukraine. It was established that with the introduction of martial law in Ukraine, the practice of implementing the norms of criminal procedural legislation received many new problems and challenges that require regulatory regulation or solution by judicial practice. One of such unresolved problems is the restriction of constitutional rights and freedoms and legitimate interests of individuals in the context of the protection of participants in criminal proceedings during martial law. Attention is drawn to the fact that the provisions of the Criminal Code of Ukraine do not provide for any special forms of criminal justice in the languages of martial law, and therefore the subjects of criminal proceedings (investigators, judges and courts) face a difficult task - to ensure the implementation of criminal justice in extraordinary conditions, but according to the rules peace time It has been proven that participants in criminal proceedings can actively move around the territory of the country and beyond its borders in order to minimize threats to their health and life, which complicates both the realization of the procedural rights of the participants in criminal proceedings and their fulfillment of their procedural duties. The opinion is substantiated that changes related to the specifics of criminal proceedings under martial law should be formalized by a separate special law, which will come into force only in emergency conditions or under martial law. The factors that influence the fact that the norms of criminal procedural law, which were effective in peacetime, became ineffective in the conditions of martial law are identified: 1) the presence of a real threat to the health and life of the subjects of criminal proceedings (investigators, judges, prosecutors); 2) the existence of a real threat to the health and life of participants in criminal proceedings; 3) disorder in society, which occurs in extraordinary conditions, is used by individual participants in criminal proceedings to delay criminal proceedings or to avoid criminal justice; 4) lack of evaluation criteria in the conditions of martial law of violations by participants in criminal proceedings of their procedural duties; 5) the use of traditional forms of court proceedings, which in the conditions of martial law and conditions of scientific and technical progress, no longer meet the needs of modern civilized society; 6) the potential of the forms of protection of individual rights in criminal proceedings provided for by criminal procedural legislation is not fully used in practice.

The essence and social purpose of advocacy: a comparative legal discourse

Advocacy comes from the latin word advocare, which means a person who is turned to when help is needed. In the Middle Ages, an advocatus usually acted as a representative of a feudal lord or an institution, such as a local abbey. As societydeveloped, the concept of advocacy also changed. Today, advocacy still has the same meaning - a person called to advocate for another, but instead of being the spokesman or legal representative of a powerful ruler or church, modern advocatesusually advocate or defend specific interests and rights.Article 59 of the Basic Law of the country proclaims a dogmatic idea, which consists in guaranteeing every citizen, excluding anymanifestation of discrimination, the right to professional legal assistance. In turn, the concentration of the social orientation of the legal profession can be traced in Article 131 with note 2, which delegates the exclusive right to represent public interests in court, as well as defense against criminal charges, to the bar. In turn, the functional purpose of the advocacy as a single, independent, professional, human rights institution, which consists in the protection of the rights, freedoms and legitimate interests of individuals, is implemented on the principles of the rule of law, legality, independence enshrined in the Law of Ukraine «On Advocacy and Advocacy», confidentiality and avoidance of conflict of interest.The development of the rule of law is impossible without the proper functioning of legal institutions whose activities are aimed at protecting human rights and freedoms. First of all, the scope of the professional rights of lawyers and their duties, the degree of independence, the guarantees of practicing the legal profession, the provision of legal assistance to citizens, the professionalism and availability of legal tools, and the observance of human rights in the process of carrying out activities testify to the democracy of the legal profession. Therefore, at this stage of the development of the science of constitutional law,it is extremely relevant and expedient to study the essence and social role of a lawyer in the life of civil society, which is important, through the prism of the provisions of the national and foreign concepts.

Justification of Establishment of the Institute of Criminal Responsibility of Legal Entities in the Republic of Armenia

The article is dedicated to the discussion of the mechanisms of combating the criminal acts of legal entities in accordance with the legal norms of the Republic of Armenia and the presentation of the best model of such a combat. Based on the fact that legal entities are full subjects of law, and the fact that at present legal entities operate in almost all areas of our life, affecting the rights and legitimate interests of individuals, the paper emphasizes the importance of protecting society from possible criminal activities of legal entities. Considering the existence of branches of law in our country and their autonomy, the justification of the choice of the criminal method of liability for the criminal activities of legal entities has been discussed in the article. The choice of the criminal method of liability in the article was justified both in the context of the logic of domestic legal regulations and the requirements of international legal documents. The work also touches upon the possibility of a legal entity to be considered the subject of a crime, presents proposals aimed at improving the norms that determine the criminal liability of legal entities, which, in our opinion, will make the fight against criminal activity of legal entities completer and more systemic.

Regarding the issue of legal regulation of administrative procedures in the activities of the National police of Ukraine

In the article, based on the analysis of numerous positions of scientists, the author's approach to defining the concept of "legal regulation of administrative procedures in the activities of the National Police of Ukraine" is proposed. This concept refers to the purposeful influence of the norms of administrative law on social relations with the aim of ensuring the rights, freedoms and legitimate interests of individuals and legal entities, the normal functioning of civil society and the state with the help of administrative and legal means. It was determined that in the course of the National Police's activities, a large number of administrative procedures are implemented, which relate to various areas of public life. At the same time, each of them has a certain normative anchoring. At the same time, most of these procedures have a sub-legal nature and are expressed in departmental regulations.Attention is also drawn to the fact that the legality of normative legal acts does not mean that they are less legally binding, since such acts have the necessary legal validity, which, although it does not have the same generality and supremacy as is characteristic of laws. They occupy an important place in the entire system of regulatory and legal regulation, as they ensure the implementation of the provisions of the Constitution and laws of Ukraine through specific regulatory regulation of the entire complex of social relations.The article states that the system of legal regulation directly depends on many state processes and is constantly undergoing changes. In addition, the presence of extensive departmental sources does not always solve gaps in legislation, and sometimes even has a contradictory nature.At the same time, despite the existence of a significant legal base, it is noted that there are cases of legal gaps that often lead to the violation of citizens' rights. First of all, attention should be paid to the problem of the procedure for applying preventive police measures and measures to ensure proceedings in cases of administrative offenses. As a result, in the article, the author identifies certain problems and ways to solve them in the implementation of proceedings in administrative offense cases, the use by the police of such a preventive measure as checking documents.It was concluded that the legal regulation of the implementation of administrative procedures in the National Police belongs to the complex system objects of research and requires a comprehensive study.

АДМІНІСТРАТИВНІ ПОСЛУГИ У СФЕРІ ОХОРОНИ ЗДОРОВ’Я

One of the directions of administrative reform in Ukraine is the development of the sphere of providing administrative services to individuals and legal entities. The study of the legal basis for the provision of administrative services in the field of health care aims to improve the organizational and legal conditions for the protection of the rights of patients in the medical field. The purpose of the article is to study the legal basis of providing administrative services in the field of health care. The legal basis for exercising the rights, freedoms and legitimate interests of individuals and legal entities in the field of administrative services is regulated by the Law of Ukraine «On Administrative Services». Administrative service is the result of the exercise of authority by the entity providing administrative services at the request of a natural or legal person, aimed at acquiring, changing or terminating the rights and/or performing the duties of such a person in accordance with the law. In this case, the subjects of the application are natural persons, legal entities applying for administrative services, and the subjects of the provision of administrative services are executive authorities, other state bodies, local self-government bodies, their officials, state registrars, subjects state registration entities authorized to provide administrative services. In Ukraine, the Ministry of Health of Ukraine and the State Service of Ukraine for Medicinal Products have approved standards for the provision of relevant administrative services at the regulatory level. The analysis of the general norms of the legislation on administrative services and special norms related to the provision of administrative services in the field of health care indicates the proper state of legal regulation in this area. However, the need to increase the efficiency of the medical care mechanism determines the relevance of further scientific research on the improvement of administrative services in the field of health care.

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.

Newly discovered circumstances as a basis for review of a court decision in the civil process of Ukraine

It is noted that the newly discovered circumstances are perceived mostly as legal facts that existed at the time of the trial and were essential for its proper resolution, but were not and could not be known to the court or interested parties, violated the rights and legitimate interests of individuals or legal entities, and being identifi ed after the entry into force of a court decision, and are grounds for their review in criminal, civil and commercial cases. However, in contrast to the newly discovered circumstances, which arose or changed only after the court decision and are not related to the claim in this case, and therefore could not be taken into account by the court in the decision, are new circumstances and may be grounds for making a new claim. It was also noted that the newly discovered circumstances provided for in paragraph 1 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine, as legal facts, should be distinguished from the circumstances that have already been the subject of evidence in the case. At the same time, as these are circumstances that may infl uence a court decision, they must also be proved by a person who refers to such circumstances as a basis for reviewing a court decision that has entered into force. In contrast to this circumstance, the newly discovered circumstances specifi ed in paragraph 2; 3 Part 2 Art. 423 of the Code of civil procedure of Ukraine, are established by a court decision, i.e. are those that do not require proof. The legislator has determined the following conditions under which the court decision may be reviewed in accordance with paragraph 2 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine: 1) the fact of providing knowingly incorrect expert opinion, knowingly false testimony of a witness, knowingly incorrect translation, falsity of written, material or electronic evidence; 2) the specifi ed facts are established by the sentence or the decision on closing of criminal proceedings and release of the person from criminal liability which, in turn, came into legal force; 3) these facts led to the adoption of an illegal decision in the case under review. Paragraph 3 Part 2 of Art. 423 of the Code of civil procedure of Ukraine, the newly discovered circumstances include the revocation of a court decision, which became the basis for a court decision to be reviewed. The conditions necessary for the review of a court decision on this ground are: 1) the direct impact of the court decision on another case on the court decision to be reviewed; 2) revocation of such a court decision. It is important in this newly discovered circumstance that there must be a certain material and legal connection between court decisions, so the facts established in one case must be essential for another. Thus, the newly discovered circumstances were considered as a category of civil procedural law. The newly discovered circumstances, in the current version of the Code of civil procedure of Ukraine, can be defi ned as essential grounds for the case to review the court decision, which the party became aware of after the court decision came into force. At the same time, materiality, as a sign of newly discovered circumstances, should be perceived as their ability to signifi cantly infl uence the motivational and / or operative part of the court decision. Uncertainty at the time of the case, as a sign of newly discovered circumstances, should be defi ned as establishing the objective impossibility of taking such circumstances into account when making a court decision, which, in turn, indicates the diff erence between new evidence and newly discovered circumstances. In addition to the general features, a set of conditions for each of the newly discovered circumstances, identifi ed by the legislator as grounds for reviewing a court decision that has entered into force, was also considered. Key words: newly discovered circumstances, review of court decisions, civil process.