Year: 2024
Type: article
Abstract: The article examines the introduction of martial law in Ukraine, which significantly changed the situation, in particular, in the system of forced execution of court orders, decisions, resolutions, etc. It has been analyzed that enforcement of executive letters, orders, court decisions and resolutions, notary inscriptions is carried out by bodies of the State Executive Service of Ukraine and private executors. It is noted that during the period of martial law, two main legislative acts were adopted, which changed the procedure for introducing executive proceedings. For example, the Law of Ukraine «On Amendments to Chapter XIII «Final and Transitional Provisions» of the Law of Ukraine «On Enforcement Proceedings» dated March 15, 2022 No. 2129-IX and the Law of Ukraine «On Amendments to Certain Laws of Ukraine Regarding Enforcement Activities court decisions, decisions of other bodies and officials during the period of martial law» dated 04/11/2023. It was found that the system of enforcement of court decisions of state bodies, legal entities, and individuals is important for ensuring the implementation of state functions related to the restoration and protection of violated rights. Also, the fact that there are many problematic situations that need to be resolved, for example: technical problems and shortcomings of the system or registers, a more favorable position of debtors than collectors, narrowing of the actions of public and private executors and their remuneration. The enforcement institution underwent changes, but they were temporary and helped to keep our country afloat during martial law. During the period of martial law, court decisions, orders, decrees, orders and resolutions must be implemented and their implementation must be ensured by public and private executors. For the high-quality and effective exercise of their powers, persons and bodies that carry out the enforcement of decisions have administrative powers, in turn, they provide for the possibility of subordinating certain subjects and comply with mandatory prescriptions or orders.
Authors: Y. I. Pokorska, N. A. Luhina
Institution: State Tax University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404506601