ELEMENTS OF ADMINISTRATIVE AND LEGAL STATUS OF THE STATE EXECUTIVE SERVICE OF UKRAINE

Author (s): Shamruk N.B., Makiienko A.A.

Work place:

Shamruk N.B.,

PhD in Law, Deputy head of the

Department of Administrative, Civil and

Economic Law and Process,

Academy of the State Penitentiary Service

ORCID: 0000-0001-9308-3754

Makiienko A.A.,

officer,

Academy of the State Penitentiary Service

ORCID: 0000-0002-2418-9536

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2020 No 3(11): 60–68

https://doi.org/10.32755/sjlaw.2020.03.060

Summary

High-quality execution of court decisions and decisions of other bodies is one of the main priorities of the Ministry of Justice of Ukraine, as the state must not only ensure fair consideration of cases in courts and other bodies, but also guarantee fair, high-quality and fast execution of such decisions. This task is assigned to the bodies of the State Executive Service and private bailiffs.Reform of execution of court decisions in general and the bodies of the State Executive Service in particular is key one both for Ukraine and the Ministry of Justice of Ukraine. The steps already taken in the area of ​​judicial reform and are being implemented today are yielding positive results, but the reform should be continued. In future, it is necessary to ensure the protection of society by ensuring obligatory enforcement of court decisions by modernizing the service of state bailiffs and protecting private bailiffs for the execution of court decisions.Any state body must have a clear legal status in order to function effectively. The current legal status of the State Executive Service of Ukraine is determined by the Constitution of Ukraine, Laws of Ukraine “On Enforcement Proceedings” dated 02.06.2016 № 1404-VIII, “On bodies and persons carrying out enforcement decisions and decisions of other bodies” dated 02.06.2016 № 1403-VIII and other laws, as well as international treaties of Ukraine, the consent to the binding nature of which was given by the Verkhovna Rada of Ukraine and regulations adopted for their implementation.In this article, the elements of the administrative and legal status of the State Executive Service of Ukraine are considered through the prism of the components, in particular: goals, objectives, functions, competence and powers, principles of the State Executive Service of Ukraine.

Key words: purpose, tasks, functions, competence, powers, interaction of the State Executive Service of Ukraine.

References

  1. Ukraine (2014), Regulations on the Ministry of Justice of Ukraine: Resolution of the Cabinet of Ministers, Cabinet of Ministers of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/228-2014 -% D0% BF # Text (accessed: 18 August 2020).
  2. Department of State Executive Service. URL: https://minjust.gov.ua /m/departament-derjavnoi-vikonavchoi-slujbi (accessed: August 18, 2020).
  3. On bodies and persons carrying out enforcement decisions and decisions of other bodies: Law of Ukraine, the Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/1403-19 (accessed: August 18, 2020).
  4. On Enforcement Proceedings: Law of Ukraine, the Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/1404-19 (accessed: August 18, 2020).
  5. Constitution of Ukraine: Law of Ukraine, the Verkhovna Rada of Ukraine, Kyiv, available at: http://zakon4.rada.gov.ua/laws/show/96 (accessed: August 18, 2020).
  6. Shelever, N. (2016), “Features of judicial control over the execution of court decisions”, Journal of Eastern European Law, No. 26, рр. 93–98.
  7. Decision of the Supreme Court (Board of Judges of the Administrative Court of Cassation) dated July 05, 2019, case № 802/833/17-a, available at: https://protocol.ua/ru/vs_kas_spir_shchodo/ (accessed: August 18, 2020).

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