CERTAIN ASPECTS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF BODIES AND PERSONS AUTHORIZED TO ENFORCEMENT OF JUDICIAL DECISIONS

Abstract

Among the legal problems that cause inefficiency of enforcement proceedings in Ukraine, despite the reform and significant updating of legislation and the introduction of a mixed system of enforcement proceedings, not least was the imperfection of the legal regulation of administrative and legal status of bodies and persons enforcing court decisions and decisions of other bodies, failure to take into account EU legislation in the development and regulation of the principles of such bodies and persons, establishing almost equal requirements for administrative legal personality of public and private executors, stricter liability for state executors as enforcers and decisions of bodies other than private performers, etc. The main subjects of execution of decisions are state executors. They have the status of civil servants, and on behalf of the state perform the functions of enforcement of decisions of public authorities. In order to ensure the successful implementation of these tasks, radical improvement is needed not only in the forms and methods of state executors, but also a quality approach to determining the administrative and legal status of these entities. It was found that the legislator does not set requirements for high personal and business qualities for private performers, which is a significant gap in modern legislation. The introduction of the institution of private performers in Ukraine has come a long way, the arguments justifying the competence of public performers compared to private performers are established in accordance with the law, but problematic aspects are open and need to be improved. It is concluded that the administrative and legal status and activities of bodies and persons authorized to enforce court decisions require a gradual revision of the legal framework to determine the regulatory and supervisory functions of the state. The general requirements for a person of both public and private performance are: citizenship of Ukraine; higher legal education with a master’s degree; ability to exercise the powers of a state executor according to his personal and business qualities.