Doctrinal Sources Research Articles

EL RÉGIMEN DE LOS CONVENIOS PARA EL FOMENTO DE ACTIVIDADES DE CIENCIA, TECNOLOGÍA E INNOVACIÓN

The following paper aims to analyze the legal framework of public procurement for the development of activities related to science, technology and innovation. Through legal research methods, the paper proposes a systematic analysis of the legal framework recurring to normative, jurisprudence and doctrinal sources. It will be held that the contractual legal framework has two main features. On one hand, is special because it is an exception for direct awarding in the Colombian public procurement system. On the other, it is a regulated framework, meaning that the legal system defines in detail the object, essential aspects and typology of the contracts and award in this regard. DOI: http://dx.doi.org/10.21017/Rev.Repub.2021.v30.a98

Relevant issues of crime prevention in the sphere of state procurement

Based on the normative acts in force and domestic scientific literature, this article analyzes social relations associated with the implementation of state procurement procedures. The goal is set to examine criminal activity in the sphere of state procurement for outlining the relevant vectors of crime prevention therein. The article identifies the gaps in the current legislation that negatively affect the dynamics of crime in this sphere. Special attention is given to the statistical method that reveals the key characteristics of criminologically significant information, such as circumstances of crime, classification of crime, and cost of crime. The author offers a range of ideas, the realization of which would help to reduce the amount of crime committed in the process of implementation of state order. The structure of this work includes the analysis of the determinants of crime discovered within the framework of studying the normative-legal, investigative-judicial, and domestic doctrinal sources. The novelty of this research lies in outlining the following vectors leaning on the latest information: improvement of current legislation for increasing the effectiveness of the mechanism of determination of formal-legitimate organizations and failure of cash-out transactions, reference to advanced foreign experience, revision of the mechanism of for assessing the activity of authorized budget holders, give due attention to the question of interaction of various regulatory agencies in terms of implementation of their activity.

THE CONCEPTS AND THE ESSENCE OF INTERPRETATION OF LAW

The purpose of the paper is to define the concept and essence of the interpretation of the rules of law based on the generalized analysis of scientific, journalistic, and regulatory sources. Results. It is established that the interpretation of the rules of law is an intellectual and volitional activity of an interpreter, which is carried out under the principles and by means of interpretations and aimed at clarifying and/or specifying the content of the rules of law to understand and apply them in practice correctly and uniformly. Value/originality. It may be enshrined in special acts of interpretation, scientific and practical commentary on legislation, doctrinal sources and other external forms of interpretation.

Использование адвокатом информационных инструментов в процессе досудебной подготовки к участию в арбитражном споре

This article expresses the results of a comprehensive scientific research. The following goals were achieved: 1) identification of the features of qualified legal assistance provided by a lawyer in the arbitration process; 2) analysis of the features of the interaction between arbitration proceedings and IT; 3) creation of an approximate algorithm for the use of information tools by an attorney in the process of preparing for arbitration proceedings; 4) recommendations on ensuring information security; 5) analysis of the possibilities of the information tools usage in arbitration processю. The study is based on russian and foreign doctrinal sources, laws of the Russian Federation, attorneys’ corporate acts and websites of the main registers of the Russian Federal services.

Субъекты передачи уголовного преследования (судопроизводства) в рамках международного сотрудничества. Часть I. Суд и участники со стороны обвинения

In the article the author taking into account doctrinal sources and law enforcement practice, considers the subjects of legal relations (the court and the participants on the part of the prosecution) when sending a criminal case (material for checking a crime report) to a foreign state to resolve the issue of criminal prosecution or initiating a criminal case against a person, not subject to extradition to the Russian Federation. As a result, the author draws appropriate conclusions, both theoretical and applied.

ДО ПИТАННЯ ПРО ПІДСТАВИ ПРОВЕДЕННЯ НЕВІДКЛАДНОГО ОБШУКУ

The issue of conducting an urgent search and legalizing its results for use in evidence is one of the most controversial in the theory and practice of the criminal process. The criminal procedural legislation provides for two grounds on which it is possible to break into a person’s home or other property without the owner’s voluntary consent or the decision of the investigating judge: 1) saving people’s lives and property; 2) direct prosecution of persons suspected of committing a criminal offense. Instead, the analysis of law enforcement practice and doctrinal sources indicates the debatable nature of a number of issues related to determining the grounds for an emergency search. The purpose of the article is to obtain scientific results in the form of theoretically grounded provisions regarding the grounds for conducting an emergency search, as well as formulating proposals for improving criminal procedural legislation based on them. The article analyzes the concept of «urgency» of investigative (search) actions in general and search in particular. Based on the analysis of the practice of the European Court of Human Rights and doctrinal sources, the author comes to the opinion that the urgency of the circumstances under which the search is conducted on the basis of part 3 of Art. 233 of the Criminal Procedure Code of Ukraine must be objective and sufficient to ensure proportionality between the restriction of the rights and legitimate interests of a person when entering a home or other property and the purpose of conducting such a search under specific circumstances that must be determined in each specific case. It is noted that the understanding and interpretation of the grounds for conducting an urgent search both in the theory of the criminal process and in the practice of implementing Art. 233 of the Criminal Procedure Code of Ukraine should be carried out on the basis of a comprehensive analysis of all the circumstances of the criminal proceedings, conditions and investigative situation that exist at the time of this investigative (search) action, ensuring the legality of the purpose of the search and the balance of public and private interests. It is proposed to make changes to Part 3 of Art. 233 of the CCP of Ukraine.

Правовое регулирование корпоративного договора в контексте корпоративной культуры акционерного общества

The relevance of this article is due to the need to study legal nature of the corporate contract in the field of corporate culture and the system of corporate governance in modern conditions. The subject of the study is regulatory legal acts governing corporate contracts conclusions, as well as doctrinal sources and interpretations. The purpose of the work is to conduct a study of the corporate contract institution and to identify its legal nature and significance for corporate governance. The author shows various points of view on the nature and content of the corporate contract, examines the positions of legal scholars on its binding or dual nature, including applying this design in corporate legal relations. The article also considers certain issues of corporate governance, effective tools in the management system and analyzes the possibility of applying a corporate contract in the framework of governance in corporate legal entities. One of the main points is the justification of the corporate contract essential role in regulating the business companies` corporate governance system, since it can determine the structure of corporate bodies, their competence, which are reflected both in the charter of a corporate legal entity and directly in the corporate contract itself. The author concludes that there is a need to further improving this contractual design in order to increase its enforceability and attractiveness in various economic societies.

The Meaning of MMT

In the last few years in the U.S. and especially since the publication of Stephanie Kelton’s book, The Deficit Myth (Kelton, 2020) in Europe, the so-called Modern Monetary Theory (MMT) has been gaining prominence in the media and the public. This paper exposes the main proposals of MMT in the light of their doctrinal sources, also confronting them with economic facts and with other currents of economic thought. The first part deals with the approach to money and monetary policy developed by MMT, the second part with its recommendations regarding fiscal policy and aggregate demand management, the third part with the structural policies it advocates, the fourth part with the international aspects of MMT. The fifth part concludes. Overall, it appears that MMT is based on an outdated approach to economics and that the meaning of MMT is a more that of a political manifesto than of a genuine economic theory.

Концептуальные основы защиты субъективных гражданских прав в сфере репрогенетики

Introduction: the paper deals with the problem of civil rights protection when using genomic technologies in the field of artificial human reproduction. Breakthrough advances in medical and biological science set the state an important task of developing an effective system of legal guarantees aimed at ensuring a fair balance of interests of the parties to the relevant relationship and third parties, protecting the rights and interests of an individual, preventing human biotechnological engineering for the purposes of eugenic practice, etc. According to the author, special attention should be paid to the problem of protecting the rights of the child when using genomic technologies, including preimplantation genetic testing. Purpose: to solve the problem of developing the conceptual foundations of civil rights protection under civil law when using genomic technologies in the field of artificial human reproduction, which involves researching the grounds and peculiarities of applying methods of civil rights protection when using genomic technologies, in particular the technology of preimplantation genetic testing, which will make it possible to productively use these constructions; to create a uniform law enforcement practice in this area. Methods: general scientific, interdisciplinary methods common to the science of civil law and biomedicine (e.g. mathematical method, logical method) and methods specific to each of these sciences; logical, comparative legal, formal legal methods. Results: the author has studied the following: the available Russian and foreign regulatory framework and doctrinal sources on the protection of civil rights, especially the rights of the child, in the field of genomic technologies application; the implementation of the methods of protecting civil rights when using genomic technologies and, in particular, protecting the rights of the child, with attention focused on the specific features of the parties involved in legal relations in this area; the peculiarities of the legal nature of civil liability in the considered category of disputes. Conclusions: the paper provides conclusions reflecting the author's conceptual view of the problem of civil rights protection under civil law when using genomic technologies, in particular, the technology of preimplantation genetic testing. There were determined the directions for improving legislation in relation to persons born as a result of artificial reproduction with the use of genomic technologies; the limits of genomic technologies application in the field of reprogenetics and the conditions of liability in case of their violation were justified.

The Legal Framework for Waste Management in Cameroon by International Environmental Law

The rules of international law find their authority in the provisions of Article 38 (1°) of the Statutes of the International Court of Justice, in four sources, namely: treaties, international custom, general principles of law, and secondary sources (court decisions, tribunals and doctrine). However, beyond these sources of "hard law", which impose binding obligations, there are also "soft law" rules whose obligations are not binding. However, it should be noted that new customary rules appear quite quickly, as does the speed with which global environmental issues take hold of the political calendar, tending to highlight the evolution of legal norms and to relegate customary law to the background, after conventions or treaties. Although some fundamental principles, such as the equitable use of resources can be attributed to decisions based on customary law, treaties are undoubtedly the main basis used by the international community to regulate activities threatening the environment. In this perspective, the legal framework for waste management in Cameroon by international environmental law is palpable through the ratification of treaties, international agreements because Cameroon is a signatory of conventions, codes, protocols, and international agreements which reinforce the existing legal instruments at the national level and especially which lend credibility to the environmental protection policy in general, and the efficient and environmentally sound management of waste in particular, with international partners.

The origins of human rights legal doctrine: the influence of global historical events.

Currently, there are trends of significant change, which covers almost all countries. The changes are due to the processes of globalization, scientific and technological progress. Large-scale socially significant historical events are also the source of significant changes in the legal sphere. These circumstances indicate the relevance of the study of the general provisions of doctrinal sources of law, which is also important in relation to the development of the legal system of Ukraine. The aim of the article is to study the origins of changes in the legal sphere, ensuring human rights and freedoms as one of the main directions of development of doctrinal sources of law and determining the role of global socially significant historical events in this process. It is noted that in the scientific literature the definition of "legal doctrine", its main elements, features and classification may differ from each other. When the sources of law go beyond individual national legal systems, they may belong to different legal families. Such sources include the doctrine of human rights, which is now recognized by most countries. The origins of the doctrine of human rights and freedoms have non-state origin. This, in our opinion, is the main feature of the doctrine of human rights and freedoms, which is common to all countries. In Recent history, the origins of human rights have been the historical events of the mid-twentieth century. The Universal Declaration of Human Rights was the first document of a universal nature and a defining act in the field of human rights protection. On the European continent, on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the international institute, the European Court of Human Rights, operates. After Ukraine's accession to the Council of Europe and ratification of the European Convention, the provisions of these institutions are in force in the country. Thus, in relation to the observance of human rights and freedoms, the principle of legal responsibility of the state to the individual has acquired special significance. The conclusions are as follows: the main feature of the doctrine of human rights is that it has a common character for all countries and is manifested in the interaction of national entities within a single world system, interaction and convergence of positivist and case law systems, creating common legal standards in the field human rights; a consequence of historical events of the mid-late twentieth century. there were changes in the field of human rights, which led to the improvement of the institution of legal responsibility of the state to the person.

Конфессиональный диапазон протестантизма

Diversity and the fragmented nature of Protestantism are the reason of various interpretations of its boundaries and the number of denominations it comprises. The key criterion of affiliation with Protestantism is the acceptance of basic doctrines set forward in the Niceno- Constantinopolitan Creed. The analysis of the beliefs of the religious organizations traditionally connected with Protestantism suggests that Jehovah's Witnesses, the Church of Jesus Christ of Latter-day Saints, Pentecostals-Unitarians are out of the doctrinal field of Christianity in general and out of the range of Protestantism in particular. The other distinct characteristic of Protestantism is the acceptance of the Five Solas – sola scriptura, sola fide, sola gratia, Solus Christus и Soli Deo gloria, which are aimed at the validation of Christian doctrines set forth in the Bible. This thesis was demonstrated via the analysis of the doctrinal sources of Lutheranism, Reformed Church and Anglican Church. The article also reports on the five solas present in the creeds of Baptists, Pentecostals, Methodists, Mennonites, Religious Society of Friends, and Seventh-Day Adventists. Cultural and historical proximity of protestants and religious organizations that do not meet the criteria above calls for a new category – “post reformation religions” – that can embrace them all.

On the question of the procedure for establishing, changing and terminating the regime of separate residence of the spouses in family law

In a scientific article on the basis of doctrinal sources and current family law, the author investigated the procedure for establishing and terminating the regime of separate residence of spouses under family law of Ukraine . The establishment of the regime of separate residence of the spouses is accompanied by a statement of the spouses on the establishment of the regime of separate residence of the spouses or a lawsuit of one of them (ie the presence of the initiative of the spouses or one of them to establish separation). In case of submission of a joint application of the spouses to establish the regime of separate residence of the spouses, the case is considered by the court in a separate proceeding in compliance with the general procedure for consideration of separate proceedings, which is provided by Art. 294 of the Civil Procedure Code of Ukraine. If the initiator of the regime of separate residence of the spouses is only one of the spouses, there is a dispute between them about the presence / absence of legal grounds for establishing such a legal regime, so the case is considered according to the rules of litigation, and the application is filed. Despite the opinion expressed in the legal doctrine about the possibility of a separation agreement to act as a legal fact of the emergence or termination of the regime of separate residence of the spouses, we believe that current family law determines only the judicial procedure for establishing this legal regime and the separation agreement cannot establish the relevant legal regime. to define in detail the rights and responsibilities of the spouses during the marriage separation. As neither the norms of the Family Code of Ukraine nor the norms of procedural legislation determine the procedure for resolving cases of establishing a separate residence regime, many issues that will be faced by a spouse who are separated remain unresolved after the decision on separation. The regime of separate residence may be terminated by the court upon the application of the spouses either from the date of filing the application or from the date they shall indicate in their applications. At the same time, directly in the family law the corresponding terms are not defined that creates difficulties for law enforcement. In this regard, we can agree with the opinion expressed in the scientific literature on the introduction of information on the establishment and termination of separate residence in the State Register of Civil Status with the appropriate marks in the marriage certificate, which will simplify the exact time of the regime. separate residence of the spouses.

Confessional (Self-)Identification of the Church of England and Calvinism

The most difficult aspect of the problem of the Church of England’s identity is constituted by a lack of specific confessional orthodoxy in the reformed English Church forming the core of her identity. One of many reasons for it lies in the fact that there are no explicit doctrinal sources. The Church of England’s doctrine is dispersed over several documents, called “historical formularies”, that are either political, like the Thirty-Nine Articles of Religion, or liturgical, like the Book of Common Prayer and the Ordinal, in nature, but are neither discursive nor analytical in character. In this article, the author attempts to verify and falsify the validity of the claim that the Church of England’s hamartiology and soteriology are fundamentally Calvinistic. To achieve that goal, he turns to “Of the Laws of Ecclesiastical Polity” by Richard Hooker, a prominent 16th-century English theologian, who played a pivotal role as the primary apologist of the “Elizabethan settlement” and a “Founding Father” of the Church of England’s orthodoxy, in order to analyse his hamartiological and soteriological views. Taking into consideration Richard Hooker’s “place of honour” in the political and religious history of the reformed English Church, the author concludes that the doctrine of the Established Church in England used by the Crown as a litmus test of political loyalty, was not Calvinistic either in its form or content, but preserving continuity with the pre-Reformation Latin theology, on the one hand, and, in the spirit of Christian Humanism, receiving and adopting Eastern Christian theological thought, on the other, it, somewhat unsuccessfully, tended towards a via media between Roman Catholicism, Eastern Orthodox, and radical reformers, i.e. was used as a negative identification tool marking the Christians of England along the “us — them” line.

The scientific-legal doctrine and its influence on the law interpretation processes

The proposed paper outlines the main approaches to understanding of the scientific and legal doctrine and its constitutive features, as well as the influence on the law interpretation processes. The authors note that the scientific and legal doctrine not only defines the toolkit and approaches to the interpretation of legal texts, but forms the definitions, categories, conceptions, constructions which are used by legislators in creating regulations and by subjects of law which have to understand the true meaning of norms contained in such legal acts and implement in practice. The main provisions concerning the peculiarities of the doctrinal sources usage while judicial interpretation in different legal families are highlighted. The characteristic features of doctrinal interpretation, forms of its objectification and interconnection with judicial interpretation are determined. Particular attention is paid to the usage of doctrinal provisions in the legal interpretation by the Constitutional Court of Ukraine and the Supreme Court. The main forms in which the results of doctrinal interpretation are used in judicial activity are outlined: the functioning of scientific advisory councils, whose members provide their opinions on complex legal issues; involvement of an expert in the field of law to the court proceedings in certain cases provided by the current legislation. It is noted that during the court hearing of the case while the formation of a legal position the possibility to refer to the opinion of authoritative Ukrainian legal scholars is not typical and acceptable for the domestic legal system. It is noted that many authoritative lawyers, scientists with academic degrees and titles, who are also engaged in scientific activity, have worked and still work as judges, especially of the Constitutional Court of Ukraine. This practice is especially valuable because a judge is able to apply the results of his/her scientific work in interpreting the law in the process of judicial activity and at the same time to use his/her practical experience in scientific research. The authors of the paper cover issues related to the use of «judicial doctrines» and the solution of «exceptional legal issues», which are relatively new to domestic jurisprudence. The interconnection of these concepts with legal doctrine is determined. It is established that although the current legislation provides for certain ways of using doctrinal provisions and the results of doctrinal interpretation in law enforcement practice, but this process is not developed enough and needs further clarification. Keywords: scientific-legal doctrine, legal interpretation, doctrinal interpretation, judicial doctrines, exceptional legal problem.

On the question of the rights and obligations of a woman and a man who live with one family without registration of marriage

The scientific article examines the content of the rights and responsibilities of a woman and a man living in the same family without registration of marriage (de facto marriage) on the basis of doctrinal sources and current family law. As a result of scientific research, the author concluded that the rights arising from the actual marital relationship in the family law of the de facto spouse are generally similar to the rights of the spouses in a registered marriage, but only in part of the common property acquired in the de facto marriage, joint rights as parents over the child, the right to maintenance and adoption. An agreement between a woman and a man living in the same family but not in a registered marriage with each other or in any other marriage, regarding the definition of their property rights and obligations and the legal regime of jointly acquired property, may provide for another legal regime of such property, in particular in the form of joint partial ownership or personal private ownership of the actual spouse. The de facto spouse has the right to enter into an agreement on maintenance in the actual marital relationship, in which to expand the list of grounds for the occurrence of maintenance obligations, as well as to determine in more detail the procedure for their performance by the de facto spouses. Also, the de facto spouse has personal inalienable rights similar to the rights and responsibilities of the spouses in a registered marriage , including: the right to motherhood and fatherhood, respect for their individuality, physical and spiritual development, education, manifestation of their abilities, creating conditions for work and leisure, the division of responsibilities and joint resolution of family life, freedom and personal integrity, the duty to care for the family, but formally they are not defined at the level of family law as such that belong to the actual spouse.. At the same time, the de facto spouse has the right to change the surname on general grounds, and not in the manner prescribed by the Family Code of Ukraine.

МЕТОДЫ ГОСУДАРСТВЕННОГО УПРАВЛЕНИЯ НАЛОГОВЫМИ РИСКАМИ В УСЛОВИЯХ ПАНДЕМИИ КОРОНАВИРУСНОЙ ИНФЕКЦИИ (ОПЫТ РОССИИ И ПОЛЬШИ)

The article examines the methods of public governance during the first wave of coronavirus infection in the context of ensuring the national tax security. The authors use the experience of Russia and Poland – two post-socialist countries having the same foundations of administrative and legal systems. The purpose of the paper is to identify and evaluate the effectiveness of public governance methods used by public authorities to support the economic systems of Russia and Poland from the point of view of their impact on national tax security. The methodological basis of the research is the philosophical theory of security within the framework of which the characteristics of such phenomena as security risks and threats, as well as the principles of its provision, have been developed, The authors also used the formal legal interpretation of legal acts to select normative legal acts fixing the applied methods of public administration as well as to clarify their provisions in accordance with the rules of formal logic and jurisprudence. The comparative method was used to select and compare with each other Russian and Polish normative legal acts, Russian and foreign doctrinal sources in the field of theory and practice of public administration, administrative and tax law. The empirical basis of the research consists of normative legal acts and state statistics of the Russian Federation and the Republic of Poland, the International Monetary Fund and the World Bank. The characteristics of tax risks caused by the coronavirus pandemic are revealed, and their correlation with threats to tax security is established. The authors’ classification tax risk governance methods in the context of the coronavirus pandemic is carried out, administrative and economic measures that directly and indirectly affect the tax system are also characterized by the authors. Conclusions are made about the effectiveness of the main tax risk governance measures applied in Russia and Poland, while the Russian measures differ in a wide variety and a high proportion of proactive support measures. The theoretical and practical significance of the research lies in the fact that it allows to identify the existing potential of governance decisions in the event of another wave of a pandemic or the emergence of new crisis phenomena in the economy, accompanied by a reduction in supply and demand in the markets (military conflicts, natural and man-made emergencies, etc.).

К вопросу о возможности отказа от субъективного права посредством неправомерного поведения

Relevance. The rejection of subjective law is a phenomenon little studied in modern criminal procedure doctrine, as a result of which the question of the forms of behavior of participants in criminal proceedings, which determine the possibility of its implementation, remains unresolved. The definition of behavioral boundaries has both theoretical and practical significance: it contributes both to the enrichment of criminal procedure science, ensuring the proper level of legal protection of the individual in the field of criminal procedure relations, and acts as one of the guarantors of proper law enforcement. The purpose of the study is to develop an author's approach to determining the possibility of renouncing the right through the unlawful behavior of a person who has fallen into the sphere of criminal proceedings and its legal consequences. Objectives: to study doctrinal sources and judicial practice in order to establish the possibility of realizing the rejection of subjective law through both lawful and unlawful behavior; to identify the types of legal consequences of the rejection of subjective law, depending on the forms of behavior of a participant in criminal proceedings. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality in its connection and interaction, the general scientific systematic ap-proach. In the course of the work, formal legal, comparative methods and the method of observation were used. Results. The conclusion is formulated that the rejection of the subjective right is possible only in the form of lawful behavior. Based on the author's vision of the nature of the behavior of a participant in criminal proceedings, which may underlie the rejection of subjective law, the concept of "criminal procedural punishment" is developed, its characteristics are given. Conclusion. The waiver of the right is possible only on condition that the behavior of the participant in the criminal proceedings is lawful. Illegal behavior, expressed in the form of committing actions that violate the normal course of legal proceedings, naturally entails the reaction of the state in the form of depriving a citizen of his subjective right, which should be called "criminal procedural punishment".

Information technology in the penitentiary crimes prevention and specific environmental crimes investigation

In recent years, there has been a tendency in the digitalization of all spheres of public life, the introduction of information technology and the use of technical means. At scientific events of various levels, they discuss the importance, necessity and possibility of using certain achievements of information technology. In Russia and other countries of the world, exhibitions of technical means, security means are annually held (Sfitex, Securexpo, Interpolitech, etc.) where one can witness achievements in this area. Naturally, the results of technological advances began to be actively used in the activities of law enforcement agencies, including the prevention of penitentiary crimes. This article is devoted to the study of use of information technology and technical means in the prevention of penitentiary crimes. This issue has more than once become the object of discussion of scientists and practitioners. Based on the analysis of doctrinal sources, scientific research, statistical data, the article formulates a theoretical substantiation of the importance, necessity and effectiveness of use of information technologies and technical means in the prevention of penitentiary crimes.

ЗАХИСТ ІНТЕРЕСІВ БОРЖНИКА У ПРОЦЕСІ ВЧИНЕННЯ НОТАРІУСОМ ВИКОНАВЧОГО НАПИСУ

In the article, on the basis of the analysis of doctrinal sources and materials of the judicial practice, are considered issues of protection of debtors’ interests in notarial legal relations in relation to executing inscription execution. The analysis of law enforcement practice shows that the lion's share of executed writs of execution is recognized as not subject to execution in court, and one of the main factors is ignoring the position of the debtor in the process of making a writ of execution. The unilateral process of making a writ of execution, based on documents and information submitted only by the debt collector, without taking into account the position of the debtor, forces the debtor to further apply to the court to protect their interests. Therefore, issues of protection of the debtor's interests need to be resolved as soon as possible in order to prevent the violation of the rights of the parties. The article argues that the formalism of the process and disregard for the interests and position of the debtor in the execution of the writ of execution, becomes the basis for the universal recognition of the writ of execution as unenforceable. This significantly affects the effectiveness of extrajudicial protection of civil rights by notaries, forcing debtors to go to court to protect their interests. Based on the study, the authors proposed to ensure the balance of interests of the parties to the obligation in the process of making a writ of execution, by introducing the obligation of a notary to send a written notice to the debtor of the claimant to make a writ of execution. According to the authors, establishing the obligation of a notary to send a written notice to the debtor of the claimant's application for a writ of execution will promote a more responsible attitude of both debt collectors and notaries to this method of protection of civil rights.