Misuse of rights in executive process

Сергієнко, Наталія Артурівна (2020) Misuse of rights in executive process Держава та регіони. Серія: Право (3(69)). pp. 41-46. ISSN 2219-8741

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Abstract

The article is devoted to problems of misuse of rights in executive process. Basic points of view by the lawyers on the essence and core of misuse of rights in general, misuse of rights in judicial processes, executive process have been explored by the author of article. During scientific exploration, the author have debated with other scientists, especially on the question about possibility to abuse the rights only in the form of active behavior; about essence of abuse the rights, especially in the executive process, as there realization in contradiction to rights and interests of other subjects of this relation. The author of article have grounded that misuse of rights in executive process is possible in either active behavior (activity), or passive behavior (inactivity). The scientific article contains examples of misuse of rights in executive process in inactive manner. The author of article have grounded that the essence of misuse of rights cannot be determined as making the acts by some subjects in contradiction to rights and interests of other subjects of executive process. This is grounded by thesis that this subjects have opposite interests, they realize their rights by their own will. The last is corresponds with the principle of dispositiveness as the one of principles of executive process (see sub.per. 4 par. 1 art. 2 The Law of Ukraine “On executive process”). In the scientific article the author have offered to determine the misuse of rights in executive process as the realization rights by subjects of executive process during the compulsory execution of decision with the only target – to cause losses for other (others) subject (subjects) of executive process. All subjects of executive process can misuse there rights that they have as the subjects of executive process, that concluded in the scientific article. This misuse takes place if the subject, mention above, realizes his \ her rights with the only target – to cause losses for other subject (subjects) of executive process. The author of article have mentioned that successive scientific investigations under the theme of misuse of rights in executive process are actual. In compliance with the author’s point of view, it is perspective to make the algorithm of prevention misuse of rights in executive process.

Item Type: Article
Uncontrolled Keywords: исполнительное производство; злоупотребление субъективными правами; субъекты исполнительного процесса; исполнитель; взыскатель; должник.
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 12:12
Last Modified: 28 Oct 2020 12:12
URI: https://elibrary.kubg.edu.ua/id/eprint/32378

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