The sides of executive process: some problems of theirs legal status

Сергієнко, Наталія Артурівна (2020) The sides of executive process: some problems of theirs legal status Recht der Osteuropäischen Staaten (01). pp. 75-78. ISSN 2199-6245

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Abstract

The scientific article is devoted to some of actual problems of executive process in Ukraine: the problems of legal status of sides of executive process (creditor and debtor). The author of the scientific article have targeted to explore legislative regulation of composition of the sides of executive process, the moment of obtaining by subjects the legal status of sides of executive process, determination the creditor in executive documents, that provide debt collection in favor of state (State Ukraine) or making other acts in favor of state (State Ukraine). Actual legislative prescriptions circle the composition of the sides of executive process very narrowly. Telling more accurately: the creditor is person, legal entity, state who is in favor of receiving executive document. The debtor is person, legal entity, state who is under execution of executive document. However, Autonomous Republic of Crimea, territorial community also can be the sides of executive process. Other problem, which is in focus of scientific exploration in this article, is the problem of obtaining by subjects the legal status of sides of executive process. On the one hand, judicial practice state, that legal status of creditor in executive process corresponds with issuing the executive document, on the other hand, rights and obligations are the core of legal status. Rights and obligations of the creditor in executive process can be realized only after opening the executive process. In compliance with the legislation the state is not the legal entity, does not have signs of legal entity. Therefore, there is no opportunity to write in the executive document “the state is the creditor”, because we will have questions: who will be the receiver of debts, what are the requisites that are to be used for debts collection etc. As a summary, the author generalize her points of view to the problem that is the subject of scientific research. The author offer new position to the determination the creditor in the executive documents that provide debt collection in favor of state (State Ukraine) or making other acts in favor of state (State Ukraine).

Item Type: Article
Uncontrolled Keywords: Executive process; sides of executive process; creditor; debtor
Subjects: Articles in journals > Наукові (входять до інших наукометричних баз, крім перерахованих, мають ISSN, DOI, індекс цитування)
Divisions: Факультети > Факультет права та міжнародних відносин > Кафедра публічного та приватного права
Depositing User: Наталія Артурівна Сергієнко
Date Deposited: 23 Jun 2020 07:47
Last Modified: 23 Jun 2020 07:47
URI: http://elibrary.kubg.edu.ua/id/eprint/31541

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