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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Format: | Article |
Language: | English |
Published: |
Tatar Educational Center “Taglimat” Ltd.
2015-06-01
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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. |
first_indexed | 2024-03-08T23:15:48Z |
format | Article |
id | doaj.art-c12b59724e0b4ebf8d127cdd1b909b3b |
institution | Directory Open Access Journal |
issn | 2782-2923 |
language | English |
last_indexed | 2024-04-24T22:14:03Z |
publishDate | 2015-06-01 |
publisher | Tatar Educational Center “Taglimat” Ltd. |
record_format | Article |
series | Russian Journal of Economics and Law |
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 |