Executive process (as activity): definition and features

Сергієнко, Наталія Артурівна (2020) Executive process (as activity): definition and features Вчені записки Таврійського національного університету ім. В.І. Вернадського. Серія Юридичні науки, 31(70) (4). pp. 50-55. ISSN 1606-3716

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Abstract

In the scientific article the problems of definition of executive process (as activity) have been explored, the features of executive process (as activity) have been determined. It has been stated, that executive process is not equal to executive procedure, but executive process and executive procedure are to be correlated for obtaining the legality of decisions’ compulsory execution. For understanding the space of executive process, the author of scientific article offers to put attention to the definition of subjects of executive process. In the scientific article is stated, that the relations, that exist during practicing decisions’ compulsory execution, are complex and different in there essence, the correlation of subjects of these relations are also complex. The author offers the classification of subjects of executive process that is as follows: I. Members of executive process: executors (government executors, private executors, executive groups as complex subjects); sides of executive process (debtor, creditor); prosecutor as the presenter of state interests. II. Subjects that facilitate the practicing of executive process: witnesses; policemen; representatives of guardianship and trusteeship bodies; banks; holders of property; operators of electronic trades and organizers of electronic trades, trades under fixed price; representatives of sides; experts; specialists; subject of evaluation-subjects of entrepreneurship; translators; subject, whose right of intellectual property have been violated – under the executive documents for requisition and distraction property following art. 176, 177, 229 of the Criminal Code of Ukraine, art. 51-2 of The Code of Ukraine on administrative offences; courts. In the scientific article the author has stated that subjects of executive process correspond in a different manner, but the object of this correspondence can be generalized to decision’ compulsory execution. In the scientific article, the author has offered the definition of executive process (as activity), that is as follow: complex of deeds of subjects of executive process that are regulated by legal norms directly or indirectly focused on compulsory execution of court decisions or decision of other bodies (post persons). The features of executive process (as activity) also have been determined in the scientific article.

Item Type: Article
Uncontrolled Keywords: executive process (as activity); executive procedure; features of executive process (as activity); subjects of executive process; compulsory execution
Subjects: Статті у журналах > Фахові (входять до переліку фахових, затверджений МОН)
Divisions: Це архівні підрозділи > Кафедра публічного та приватного права
Depositing User: Наталія Артурівна Сергієнко
Date Deposited: 28 Oct 2020 07:28
Last Modified: 28 Oct 2020 07:28
URI: https://elibrary.kubg.edu.ua/id/eprint/32372

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