ОРГАНИЗАЦИОННО-ПРАВОВЫЕ ОСНОВЫ ФУНКЦИОНИРОВАНИЯ ИНСТИТУТА СУДЕБНЫХ ИСПОЛНИТЕЛЕЙ НА ПРОТЯЖЕНИИ 1929-1938 ГГ.
Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23
Abstract
Problem setting. The proper execution of judicial decisions is a guarantee and an important condition for the functioning of the independent judicial system of the state. At the same time, non-compliance or improper execution of court decisions that have entered into force indicate the absence of a real mechanism in the country to protect the rights and freedoms of citizens. In this case, even for a sufficiently high level of work of both courts and judges separately, their decisions are leveled by the imperfection of the system of execution of these decisions, which determines in the future their declarative nature, the fall of the legal culture of the population, leads to a low level of legal awareness and the prevalence of legal nihilism. Analysis of resent researches and publications. In general, the problem of the development of the institution of bailiffs, as well as the whole issue of enforcement of judgments paid attention to well-known scientists, such as O. Bugaevskiy, F., Wolfson, V. Golubev, V. Grinyuk, V. Gromov, V. Guk, D. Zakharov, and O. Malitsky, V. Maleshin, V. Pastukhov, P. Stuchka and others. However, the issue of organizational and legal bases of the Institute of bailiffs functioning during the NEP period is insufficiently studied, in particular, there are no comprehensive studies of this problem, and in the conditions of constant changes in the models of legal regulation of the Institute of bailiffs today it is very important to analyze the historical prerequisites of its formation, as well as trends that arose in the early twentieth century and continue now. Article’s main body. That is why it is very important and relevant is the historical and legal analysis of the development of the system of execution of judgments in General and, in particular, the functioning of the system of bailiffs in the early twentieth century. (1929-1938), when there were significant transformation processes in the system of both the judiciary and the system of execution of judicial decisions. Such data will allow to identify the main achievements and shortcomings of the legal regulation of the institution of bailiffs in this period, the impact on the further development of this institution, as well as to identify the main trends in the development of this sphere of legal relations and make it possible to identify the structure of dependencies between the system of execution of court decisions and the proper functioning of the judicial branch. Among the shortcomings in the activities of bailiffs in the first place can be put red tape and formal approach bailiffs in the execution of court decisions, the state of the apparatus of bailiffs was unsatisfactory, since most courts are not engaged in the selection and training of bailiffs, and there were courts that do not have them, which was one of the reasons for this situation of judicial execution in the country. There was a very rapid turnover of bailiffs, as evidenced by the fact that about 40% of bailiffs had work experience of up to one year. Conclusions and prospects for the development. To overcome this unsatisfactory state in the sphere of enforcement proceedings, it was necessary to take urgent measures, namely: to raise the wages of bailiffs; to introduce a special form of clothing for them; to check the personnel of bailiffs; to issue Instructions for checking the work of bailiffs; to improve the financial situation of bailiffs by establishing a system of payment for their labor in the number of penalties and the quality of work depending on the speed; take measures to protect bailiffs from illegal interference in their operational work of other agencies and individuals, as well as the inadmissibility of violence against them; police − to assist bailiffs in the performance of their duties.
Authors and Affiliations
D. O. Chepkаlenko
Keywords
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