Correction of error in executive document and recognition of executive document as non-enforceable: problems and perspectives

Сергієнко, Наталія Артурівна (2024) Correction of error in executive document and recognition of executive document as non-enforceable: problems and perspectives Наука і техніка сьогодні. Серія Право (4(32)). pp. 115-125. ISSN 2786-6025

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Abstract

The scientific article is written on actual topic, since the topic of proper legal regulation by correcting errors in executive documents and recognizing executive documents as unenforceable is directly related to ensuring the rights and freedoms of entitled person (ensuring the possibility of executing a decision in favor of such a person), as well as the obliged person (ensuring the protection of its rights and interests during the execution of a decision on this person, protection against unjustified collection of funds from this person, etc.). The scientific article deals with topical issues related to the correction of errors in executive documents and the recognition of executive documents as unenforceable. In particular, the prescriptions of national procedural legislation, which regulates the grounds and procedure for correcting errors in executive documents and recognizing executive documents as unenforceable, were analyzed. Attention is drawn to the practice of applying such legislative acts by the courts of Ukraine and the generalization of such practice by national courts of higher instances. The scientific article examines in detail the grounds for correcting errors in executive documents, in accordance with the legislative acts that regulate the procedure for carrying out various types of legal proceedings in Ukraine, the grounds for recognizing executive documents as unenforceable in various types of legal proceedings in Ukraine, the procedure for consideration of correction cases by courts errors in executive documents and recognition of executive documents as unenforceable. Identified shortcomings (gaps and collisions) in the legal regulation of the sphere of legal relations regarding the correction of errors in executive documents and the recognition of executive documents as unenforceable. Based on the identified shortcomings of the legal regulation of the correction of errors in executive documents and the recognition of executive documents as unenforceable, the scientific article contains theoretical generalizations and specific proposals for changes and additions to the current legislation in the above-mentioned areas of legal relations.

Item Type: Article
Uncontrolled Keywords: executive document; correction of an error in an executive document; recognition of an executive document as unenforceable.
Subjects: Статті у базах даних > Index Copernicus
Статті у періодичних виданнях > Фахові (входять до переліку фахових, затверджений МОН)
Divisions: Факультет права та міжнародних відносин > Кафедра публічного права
Depositing User: Наталія Артурівна Сергієнко
Date Deposited: 28 Jun 2024 07:49
Last Modified: 19 Jul 2024 08:27
URI: https://elibrary.kubg.edu.ua/id/eprint/49319

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