Journal article Open Access

Enforcement of Judgments as a Stage of a Civil Procedure

V.Yu. Prikhodko, P.S. Radionova

This article explores the problem of whether the enforcement of judgments belongs to civil process stage, its importance as an integral part of the process. The legislator distinguishes this stage of the process among others, which implies that enforcement proceedings are a relatively independent institution. This article calls into question such autonomy because we consider that pointless to single out a stage whose implementation is impossible without those that precede it. All stages of civil process is considered as a single system, parts of whom closely related to each other and there is no need to isolate them. In our opinion, all elements of that system – civil process stage – should be treated as one thing that exist for achieving a common goal. Judicial protection is the highest guarantee of the rights and freedoms of citizens and legal entities. It is carried out with the help of justice as a form of exercise of the judiciary, aimed at the protection and protection of civil rights and interests through the consideration and resolution of civil cases. According to the Constitution of Ukraine (hereinafter - the Constitution) everyone has the right to go to court to protect their violated rights. It can be argued that the right of such an appeal, as well as the direct examination of the case and adjudication, is a right guaranteed by the Constitution, but not fully implemented. The actual exercise of such a right occurs at the stage of execution of court decisions, and therefore the main purpose of justice is carried out. Since judicial proceedings by themselves are not characterized by the final restoration of the infringed right, it can be said that the civil right is not renewed during civil proceedings. Therefore, there is a need to distinguish enforcement proceedings not as an independent institution, but as an integral part of the civil process, the stage at which such a process ends. And despite the fact that each stage has its own functional purpose, they are all designed to protect the rights and interests of individuals and legal entities.

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