ESTABLISHMENT AND DEVELOPMENT OF STATE POLICY OF UKRAINE IN THE SPHERE OF ENFORCEMENT OF COURT DECISIONS AND DECISIONS OF OTHER BODIES: HISTORICAL AND LEGAL EXCURSION

Abstract

The article traces the changes in legislation and legal practice regarding the development of Ukrainian legislation in the field of formation and implementation of state policy regarding the enforcement of court decisions and decisions of other bodies. The analysis of the achievements of past generations made it possible to outline the trends of the state's influence on the formation of the institution of enforced execution of court decisions, the development of legal mechanisms for ensuring obligations, and establishing responsibility for offenses in the mentioned field. Five conditional periods of the development of legislation and legal practice of the implementation of state policy regarding the enforcement of court decisions and decisions of other bodies are identified, each of which is subjected to a detailed scientific analysis. The peculiarities of the organization of the system of judicial enforcement of decisions of courts and other bodies of the second half of the 19th and the beginning of the 20th centuries have been determined, which include: 1) the absence of a unified system of decision enforcement bodies, because, as already mentioned above, in addition to bailiffs, it also included the police and other officials, volons and village heads, etc.; 2) implementation of not all executive actions (for example, collection of securities was carried out by a broker, collection of civil lawsuits within the framework of a criminal case was carried out by the police, fulfillment of treasury obligations was carried out by agents of state administrations, tax inspectors); 3) the lack of organizational unity of the bailiffs themselves, which had a bad effect on their interaction, the systematicity of typical decision-making, mutual assistance and separation of powers, and territorial sub-department; 4) the absence of a separate legal act that would determine in detail the legal status and regulate the activities of bailiffs at that time. Although attempts to separate legal regulation of relations in the field of executive proceedings in an independent direction were made in the history of the national state. It was established that the success of reforms of executive proceedings depended in many respects not only on the short-term practical expediency of the proposed measures to change the order of execution, but above all on the theoretical validity of the established model of execution.