ПРАВОВЕ СТАНОВИЩЕ ПРОКУРОРА У ВИКОНАВЧОМУ ПРОВАДЖЕННІ В УМОВАХ ЗАКОНОДАВЧИХ ЗМІН

According to Article 129-1 of the Constitution of Ukraine, a court makes a decision in the name of Ukraine, a judicial decision is binding. The role and tasks of the prosecutor in such a process and in the enforcement proceedings in general during the independence of Ukraine have repeatedly changed.

Taking into account the position of the European Court of Human Rights on the state of enforcement of judgments in Ukraine at the present stage of judicial and administrative reforms, the powers of the prosecutor in the enforcement proceedings need to be enlarged.

Given the urgency of the execution of court decisions made in the interests of the state, it is necessary to make appropriate amendments to the legislation, namely, the procedural codes, the Laws of Ukraine "On Enforcement Proceedings", "On the Prosecutor's Office", which provide for the right of the prosecutor to enter into enforcement proceedings, opened for court decisions issued on claims of state bodies, in which the prosecutor did not take part in the proceedings. This would enable the prosecutor, in the event of inaction, to be a participant in enforcement proceedings, to use the rights of a party to enforcement proceedings, including law to appeal decisions, actions or omissions of officials of the bodies of the state executive service. In addition, in order to protect the interests of the state, as stipulated by the Constitution of Ukraine, it is necessary to foresee the right of the prosecutor to enter into enforcement proceedings, which are opened by court decisions on which the state bodies are debtors, in order to prevent damage to the interests of our state

The article proposes a retrospective review of changes in Ukrainian legislation that regulates enforcement proceedings and justifies the necessity of amending the procedural codes, the Laws of Ukraine "On Enforcement Proceedings", "On the Prosecutor's Office", with the foreseen right of the prosecutor to enter into enforcement proceedings, opened by court decisions, decisions on claims of state bodies, which the prosecutor did not take part in.

It is stressed that in order to protect the interests of the state, it is expedient to foresee the right of the prosecutor to enter the enforcement proceedings, which are opened by court decisions on which the state bodies are debtors.