PROCEDURAL LEGAL SUCCESSION AFTER THE EXECUTION OF A COURT DECISION: CERTAIN ISSUES OF THEORY AND PRACTICE

Abstract

The scientific article is dedicated to theoretical and practical aspects of procedural succession after the execution of a court judgment. The study analyzes modern approaches to understanding procedural succession as an institution of civil procedural law and its implementation at the stage of enforcement of judicial decisions. Particular attention is paid to the issue of the possibility of procedural succession after the completion of enforcement proceedings and after the actual execution of a court judgment. Based on an analysis of the case law of the Supreme Court and the Grand Chamber of the Supreme Court, the evolution of judicial approaches to the replacement of a party to enforcement proceedings by its successor after the completion of enforcement proceedings is examined. It is established that contemporary judicial practice is aimed at ensuring effective judicial protection and extending all legal consequences of a court judgment to the successor regardless of whether the judgment has already been executed. The article substantiates that procedural succession after the execution of a court judgment has independent legal significance and may be necessary for exercising the successor’s rights to seek review of a judgment based on newly discovered or exceptional circumstances, to apply for restitution after reversal of execution, to participate in insolvency proceedings, and to exercise other procedural rights arising from the legal force of a judicial decision. Particular attention is paid to the legal positions of the Supreme Court and the Grand Chamber of the Supreme Court regarding the possibility of replacing a party in an enforcement document and enforcement proceedings. Based on the analysis of judicial practice, conclusions are formulated regarding the current state of legal regulation and prospects for its improvement.