1. РОЛЬ СУДДІ ГОСПОДАРСЬКОГО СУДУ У ВИКОНАВЧОМУ ПРОВАДЖЕННІ.
- Author
-
І. А., Балюк, О. К., Намясенко, and Л. М., Шаталова
- Subjects
COMMERCIAL courts ,JUDGES ,LEGAL judgments ,COURT records ,DECISION making - Abstract
The article is devoted to clarifying the place and role of the commercial court’s judge in executive proceedings during the execution of the executive document issued by this judge. The circle of persons participating in executive proceedings is outlined. Attention has been drawn to the classification of these persons based on their interest in the purpose of the executive process. In the absence of a direct indication in the law regarding a judge as a participant in executive proceedings, it is emphasized that the judge of economic proceedings belongs to this circle of persons, based on the analysis of the norms of the current legislation. The level of legal support for the participation of a judge of the commercial court in executive proceedings is highlighted, including the attention which is paid to the correlation of norms of the commercial process on the specified issue. The cases where the parties to enforcement proceedings can appeal to the judge of the commercial court, the legal regulation of the possibilities and obligations of state and private executors to appeal to the judge of the commercial court in connection with the execution of his executive document are considered and classified. Issues that are decided by the judge of the commercial court in the executive process are highlighted. Only the parties to enforcement proceedings can address certain issues to the court, others - only executors (public and private), some issues can be addressed to the court by both parties and executors. The forms of appeals of the participants in the process, which are complaints, statements, submissions, as well as the form of the reaction of the judge of the commercial court, were considered. All issues in the process of execution of a court decision are resolved by the judge through the issuance of resolutions. Court decisions, which the law recognizes as executive court documents, that can be executed in executive proceedings, are classified. Such can be both actual court decisions and acts of a judge, as well as decisions of other bodies, for the execution of which, in accordance with the law, the judge issues an act, which is an executive document. The concept of the stage of “execution of a court decision” in economic proceedings and “executive proceedings” as a process of enforcement of a decision of a judge of a commercial court is distinguished. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF