The experience of European countries regarding the legal provision of implementing the measures of compulsory execution of judgments and possibilities of its use in Ukraine

Abstract

The experience of some European countries in relation to the legal provision of implementing the measures of compulsory execution of judgments has been researched; as well as the possibilities of its use in Ukraine have been defined. In particular, it is necessary to increase the prestige of the work of an officer of justice (both public and private), which can be achieved by raising the level of remuneration of the officers of justice, as well as improving the social and legal guarantees of their activities; to expand the powers of the officers of justice (in particular, the state one) regarding the possibility to independently write off the funds from the debtor in the online mode for repayment of his debts to an execution creditor; to implement a system of remuneration of the officers of justice (public and private) on the example of France, where the remuneration of the work of the officers of justice is carried out not by the state but by the person concerned; to provide access to the officers of justice to national online registry of all individuals in the country, as well as the access to database of bank accounts and social insurance fund that guarantees the identification of the employer of the debtor (as a payer of social contributions); to introduce the institution of mediation, which, in turn, will first of all reduce the expenses for implementing executive proceedings, secondly, to establish a dialogue between an officer of justice and members of the executive proceedings in regard to the compulsory execution of judgments.

It has been emphasized that the study of the positive experience of other countries will enable, first of all, to detect shortcomings in national legislation that defines the legal principles of the implementation of the measures of compulsory execution of judgments, and secondly, to determine the ways to eliminate these shortcomings.