INSTITUTION FOR THE PRIVATE EXECUTION OF THE COURT RULINGS IN UKRAINE AND FOREIGN COUNTRIES

Abstract

The article considers a new institution for private execution of the court rulings in Ukraine and provides a list of similar bodies in countries such as France, the Netherlands, Bulgaria, Georgia, Canada and Kazakhstan. About Ukraine, the given article provides a list of requirements for persons, who intend to become private executors, specify the procedure for training and passing the qualification examination, defines the rights and obligations of a private executor, functioning of public authorities of private executors, issues of remuneration payment to private executors, monitoring activities and bringing to responsibility. Statistical data on the work of private executors in comparison with the work of state executors of Ukraine are also included. As for the other foreign countries in question, each country has its own requirements, although similar in a general sense, but different in their meaning. For one, Georgia introduced the institution for private execution to help the state enforcement service, which was overloaded with affairs, in comparison with Ukraine. However, private executors work in more comfortable conditions than state ones, since they have the right to choose the cases which they intend to handle, while the state executor does not have such an opportunity. However, there is no such right in our country, all the cases accountable to state and private executors are directly provided for in law. That is, neither the state nor the private executor can refuse to conduct proceedings after receiving the relevant application. Such a mixed system of compulsory execution both in Georgia and in Ukraine remains controlled by the state, because it is which regulates occupational clearance and control over private executors.