PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM

Objective: the relevance of the topic, the insufficient level of its scientific elaboration, predetermined the research objectives, which consist in the analysis of the institution of enforcement proceedings, the identification of key challenges, trends and ways to improve the current system of cour...

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Main Author: K. S. Morkovskaya
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2015-06-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1894
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author K. S. Morkovskaya
author_facet K. S. Morkovskaya
author_sort K. S. Morkovskaya
collection DOAJ
description Objective: the relevance of the topic, the insufficient level of its scientific elaboration, predetermined the research objectives, which consist in the analysis of the institution of enforcement proceedings, the identification of key challenges, trends and ways to improve the current system of court decrees enforcement. Methods: the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods: the laws of formal logic, historical method, comparative legal method, and systematic analysis of theoretical works studied in this work. Results: the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general, although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only, it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article, the preferred for the Russian legal reality is modernization of the existing non-judicial system of enforcement through civil procedural means. Scientific novelty: at present, neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value: the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings.
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spelling doaj.art-c12b59724e0b4ebf8d127cdd1b909b3b2024-03-20T08:16:48ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232015-06-01022212271892PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEMK. S. Morkovskaya0Saratov State Law Academy; “Yurkom” Center for Legal Technologies Ltd (Saratov)Objective: the relevance of the topic, the insufficient level of its scientific elaboration, predetermined the research objectives, which consist in the analysis of the institution of enforcement proceedings, the identification of key challenges, trends and ways to improve the current system of court decrees enforcement. Methods: the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods: the laws of formal logic, historical method, comparative legal method, and systematic analysis of theoretical works studied in this work. Results: the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general, although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only, it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article, the preferred for the Russian legal reality is modernization of the existing non-judicial system of enforcement through civil procedural means. Scientific novelty: at present, neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value: the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings.https://www.rusjel.ru/jour/article/view/1894enforcement proceedingsthe system of compulsory executionefficiencycivil procedural meansbailiffcourt decreesreforming the enforcement proceedings
spellingShingle K. S. Morkovskaya
PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
Russian Journal of Economics and Law
enforcement proceedings
the system of compulsory execution
efficiency
civil procedural means
bailiff
court decrees
reforming the enforcement proceedings
title PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
title_full PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
title_fullStr PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
title_full_unstemmed PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
title_short PROSPECTS OF DEVELOPMENT OF THE COURT DECREES ENFORCEMENT SYSTEM
title_sort prospects of development of the court decrees enforcement system
topic enforcement proceedings
the system of compulsory execution
efficiency
civil procedural means
bailiff
court decrees
reforming the enforcement proceedings
url https://www.rusjel.ru/jour/article/view/1894
work_keys_str_mv AT ksmorkovskaya prospectsofdevelopmentofthecourtdecreesenforcementsystem