Securing evidence by executors: feasibility and necessity of legislative regulation

Abstract

The relevance of the study is due to the expediency of public discussion of proposals to grant executors new powers to secure evidence and establish a procedure for recording the implementation of such measures. The study is based on such methods as: dialectical, systemic, generalization, analysis, synthesis, formal-logical, etc. The modeling method was used to analyze the enforcement of court decisions in order to identify shortcomings and formulate proposals for improving the legislation on enforcement proceedings. The comparative method provided an opportunity to analyze the activities of various jurisdictional bodies to secure evidence, in order to coordinate their interaction in the enforcement of their decisions. The emphasis is on the analysis of the actions of executors and methods of recording them are proposed in order to ensure their legality. The results obtained in the analysis of enforcement practice on the temporary seizure of evidence for their examination by the court indicate that the executors are required not only to enter the home, but also to conduct a search in order to identify the location of the evidence, its seizure and delivery to the court, as well as to record the state of a certain piece of evidence and document such a procedure. Conclusions. Inter-branch relations between civil justice and enforcement proceedings indicate the need to develop methods for properly securing evidence, their regulatory consolidation and coordination of the provisions of the Code of Civil Procedure and the Law of Ukraine “On Enforcement Proceedings”. The court’s decision should specify the powers of the state bailiff with which he will be able to execute it. The principle of legality should guarantee the rights and interests of persons who, according to the debtor, keep things belonging to him, their status should be regulated in the Law of Ukraine “On Enforcement Proceedings”. The debtor must provide the executor with evidence that things that are in the possession of third parties belong to him by right of ownership. Executors may also provide evidence to confirm those legal facts that, due to objective reasons, they were unable to execute the decision in a timely manner and in full.