EXECUTIVE PROCEEDINGS IN THE HUMAN RIGHTS SYSTEM OF UKRAINE

Abstract

The purpose of the article is to establish the essence of foreclosure on the debtor's property as a coercive measure to enforce the decision. It was found that the proper execution of court decisions is one of the components of ensuring the rule of law and legality in the human rights system of any state. It was determined that the executive proceedings in accordance with the normative provisions of the Law of Ukraine «On Bodies and Persons Carrying Out Enforcement of Court Decisions and Decisions of Other Bodies» allow to determine that a separate stage of judicial protection and the implementation of other forms of jurisdictional protection is distinguished at the legislative level, which must be carried out on the basis of: 1) rule of law; 2) legality; 3) independence; 4) fairness, impartiality and objectivity; 5) mandatory execution of decisions; 6) dispositivity; 7) transparency and openness of executive proceedings and their recording by technical means; 8) reasonableness of the terms of executive proceedings; 9) proportionality of enforcement measures and the volume of demands for decisions. It is emphasized that the proper execution of the court decision and other executive documents is a sign of the proper implementation and protection of the rights and freedoms of a person. A conclusion was made about the need to support the concept of relative independence of executive proceedings, which substantiates the conclusion about the formation of a separate institution of law and its subsequent transformation into a separate branch of law, which has a complex and interdisciplinary nature and content. It was determined that, based on the practice of the Grand Chamber of the Supreme Court, it is established that the right or interest must be protected by the court in a way that is effective, i.e., that corresponds to the content of the corresponding right or interest, the nature of its violation, non-recognition or challenge, and the consequences caused by these actions . It was concluded that the materials of court practice indicate that the protection of the rights and interests of a person must meet the requirements of reality, not formality, that is why executive proceedings must be recognized as part of the state's human rights protection system.