State guarantees for the execution of court decisions: content, scope and characteristics

Abstract

The article is devoted to determining the content, scope and characteristics of state guarantees for the execution of court decisions. It is established that the special status of the state as a participant in public relations has led to the existence of numerous features inherent in both entities that are bearers of public power and entities established by them for the purpose of implementing public interests, during the execution of court decisions in which they are debtors.

It is determined that the features of enforcement proceedings, provided for by the Law of Ukraine "On Enforcement Proceedings" in which the debtor is a subject, a bearer of public power, and an entity established by them for the purpose of implementing public interests, are the prohibition of foreclosure on property or funds of certain categories of debtors and the prohibition of forced sale of their property. It is emphasized that the adoption of the Law of Ukraine “On State Guarantees for the Execution of Court Decisions” was an attempt to compensate for the negative consequences of the above-mentioned exceptions related to the prohibition of foreclosure on property or funds of certain categories of debtors and the prohibition of forced sale of their property. It is substantiated that the determination of the scope and content of state guarantees for the execution of court decisions is carried out using the subject criterion, which consists in determining the list of subjects to which, as debtors, a special procedure for the execution of court decisions on the recovery of funds and the obligation to perform certain actions with respect to property is established. It is determined that the subjects to which state guarantees for the execution of court decisions apply include state bodies, state enterprises, institutions, organizations, as well as legal entities, the forced sale of whose property is prohibited in accordance with the legislation. The need for an expanded interpretation of the concept of “state body” for the purposes of applying the provisions of the Law of Ukraine “On State Guarantees for the Execution of Court Decisions” is substantiated. It is established that there is no need to extend the scope of this Law to officials or employees of state bodies. Promising directions for further scientific research are outlined.