ADMINISTRATIVE AND LEGAL STATUS OF PRIVATE EXECUTORS AUTHORISED TO ENFORCE JUDGEMENTS

Анотація

The aim of the article is to make important practical and theoretical conclusions on the introduction of the institution of private executors regarding the enforcement of judgements. Research methods. The article studies requirements for private executors as one of the elements of determining their administrative and legal status. The focus is on the absence of legal requirements to high personal and professional qualities of private executors, which is a significant gap in modern legislation. The author argues that the introduction of the institution of private executors in Ukraine has come a long way, and arguments justifying the competence of public executors in comparison with private executors are established in accordance with statutory requirements, but the issues are open and need to be improved. The current discussions at various hearings and conferences on the reform of the system of enforcement of judgements, where participants are representatives of the Ministry of Justice, scientists in the field of enforcement of judgements, representatives of the Legal Policy Committees, and judges, who note that newly established institutions of enforcement of judgements work imperfectly and there are many problems. Some of the stakeholders have taken a position on the advisability of returning the institution of bailiffs, but the author disagrees with the position of the latter, so the analysis of the administrative and legal status of private executors through the prism of legislative requirements is covered. One of the main means of ensuring legality in the activities of private executors should be to control the lawfulness of the executive action taken by the private executor, which can violate the rights and interests of participants in the enforcement or other interested persons, and therefore, such cases require the prompt restoration of their rights and the elimination of violations. Conclusions. The control mechanism of the Private Executors Council is quite promising: first, in terms of self-monitoring and optimising the use of budget funds; second, a distinction should be drawn between the subjective abuse by individual unscrupulous private executors and the purification of the private executor system by the Private Executors Council, for survival in the fierce competition for the "customer" in so far as the business component, i.e., maximum profit, which is impossible without growth of the quality of services of private executors and growth of their professional competence.

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