Renewing of executive process: problems of legal regulation

Сергієнко, Наталія Артурівна (2020) Renewing of executive process: problems of legal regulation Юридичний вісник (3). pp. 170-176. ISSN 1561–4999

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Abstract

In the scientific article the author have explored the essence of renewing of executive process, also the difference between renewing of executive process and turning back the execution of decision has been scrutinized. In the scientific article the author have grounded her own authorial algorithm how to renew the executive process. In the article the author have stated that executive process is to be renewed by the rule of executor; stating that the executive process had been completed (by finishing the executive process by or giving back the executive document to the creditor) in illegal manner has not stated as equal to renewing of executive process and has not caused the mentioned above. Stating that the executive process was finished or giving back the executive document to the creditor was made in illegal manner is the competence of court, but renewing of executive process is the competence of executor. The grounds of renewing of executive process are as follows: 1) if the executor’s rule on finishing the executive process has been stated by court as illegal or cancelled; 2) if the executor’s rule on giving back the executive document to the creditor has been stated by court as illegal or cancelled; 3) if court has allowed (has given approval) to evict repeatedly the person, who illegally lodged the apartment after his \ her eviction; 4) if the debtor repeatedly has being blocked creditor’s living in the apartment, where he \ she (creditor) had been lodged. The author of the article have grounded that the essence of renewing of executive process focuses on turning back the relations from the outside of executive process to the frontiers of executive process, it is necessary because of stating illegal the completion of executive process (finishing the executive process or giving back the executive document to the creditor), so that, it had been stated the illegality of completion of executive process; or 2) necessity of factual, adequate and rapid renewing creditor’s rights executive acts, that have been already made in completed executive process, are to be made (to evict debtor, to lodge creditor – we tell on twin executive act). It is impossible to use renewing of executive process and turning back the execution of decision in a one moment, because they are essentially different and different in the grounds of their using. Legislative regulations prescribes different algorithms for renewing the executive process, depending on grounds of this renewing, that’s why in the scientific article has been offered the authorial unified algorithm how to renew the executive process.

Item Type: Article
Uncontrolled Keywords: executive process, executive procedure, renewing the executive process
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: 03 Nov 2020 07:07
Last Modified: 03 Nov 2020 07:07
URI: https://elibrary.kubg.edu.ua/id/eprint/32428

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