CURRENT ISSUES OF THE PRESENT OF A MIXED SYSTEM OF DECISIONS ENFORCEMENT: CONDITIONS AND STATE OF FUNCTIONING, EFFICIENCY AND DEVELOPMENT PROSPECTS

Abstract

The current state and problematic aspects of a mixed system of the enforcement of decisions in Ukraine were highlighted, the attention was focused on development prospects. The article aims at reviewing and scientific rethinking of transition exclusively to the private system of the enforcement of decisions on demand of international authorities. The methodological basis of the research is comparative, dialectical, systemicstructural, normative and logical scientific research methods. A decrease in the total number of enforcement proceedings to recover the debt was stated doubly, which was caused by the set of changes in their influence on the state of the enforcement of decisions in connection with russian invasion of Ukraine. Diverse options for the expansion of the terms of reference of private executors were analysed, namely: inclusion of their authorized activities to the list to pursue assets in favour of the government; the recovery of fines; establishment of facts concerning, primarily damage or destruction of property due to the military aggression of the russian federation and determination the amount of damages. It was identified that regarding the undeniable role and importance of the private system of the enforcement of decisions plaid, private executors and their activities require the support during the period of economic renewal by solving a range of issues, namely a connection of all private executors to Automated system of enforcement proceedings, a solution to the question concerning the possibility to change the enforcement district by private executors from the occupied territories, a resolution of the issue regarding a monitoring the activities of private executors etc. It was suggested settling the issue regarding the expanding types of activities of private executors in order to implement alternative ways to make profit, in particular empowerment them to certification of facts by analogy to the practice of European colleagues.