NORMS OF LAW GOVERNING THE ORGANIZATION AND IMPLEMENTATION OF ENFORCEMENT OF DECISIONS IN UKRAINE, IN THE STRUCTURE OF THE LEGAL SYSTEM OF UKRAINE

N. A. Serhiienko
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Abstract

In the scientific article the approaches of scientists-lawyers to detecting the place of legal norms, which regulate the organization and functioning compulsory execution of decisions in Ukraine, on the structure of Ukrainian law system. Analytics is made regarding approaches the object of legal regulation in the sphere of organization and functioning compulsory execution of decisions in Ukraine, and the method. In the article is stated, that relations, that take place during organization and functioning compulsory execution of decisions, are very different on their subjects, composition, the scope of regulation inside the organization and functioning compulsory execution of decisions is characterized as complex. The article contains the summary about that fact, that in the sphere of organization and functioning compulsory execution of decisions coercion is used widely. But authorized coercion is not the single or basic method of regulation relations in the sphere of organization and functioning compulsory execution of decisions. Dispositive method of legal regulation is also widely represented in the sphere of organization and functioning compulsory execution of decisions. During the scientific exploration, made inside this scientific article, there has been stated, that legal regulation of relations, connected with organization and functioning compulsory execution of decisions, is grounded on imperative and dispositive cornerstones. As an examples can be demonstrated the right of the person, mentioned as a creditor in an executive document, to file executive document to execution, the right of debtor to offer kinds of properties of objects, he / she wants to be under enforcement primarily. In the scientific article is summarized, that legal norms, which regulate the organization and functioning compulsory execution of decisions in Ukraine form complex branch of domestic law system. Its complexity connected with complexity of object and method of legal regulation within this branch of law. The author of article offers to name this branch of law as “Executive law of Ukraine”.
在乌克兰法律体系的结构中,管理组织和执行决定的法律规范
在这篇科学文章中,科学家-律师探索法律规范在乌克兰法律体系结构中的地位的方法,这些法律规范规范了乌克兰强制执行决定的组织和功能。分析是关于方法的法律法规的对象在组织和运作的强制执行决定在乌克兰的领域,和方法。文章指出,在组织和职能强制执行决策过程中发生的关系在主体、构成、组织和职能强制执行决策内部的规制范围等方面有很大的不同,具有复杂的特点。文章总结了在组织和职能领域,强制执行决策被广泛使用的事实。但是,授权强制并不是组织和职能领域中调节关系的唯一或基本方法。法律规制的处置性方法也广泛地体现在组织和职能领域,即决定的强制执行。在科学探索过程中,在这篇科学文章中,已经指出,与组织和功能有关的关系的法律规定,强制执行决定,是建立在命令性和处置性的基石之上的。作为一个例子可以证明,在执行文件中提到的债权人的人,对执行文件进行执行的权利,债务人提供各种财产或物品的权利,他/她首先想要被执行。在科学的文章中总结,法律规范,规范组织和运作的决定的强制执行在乌克兰构成国内法体系的复杂分支。它的复杂性与这一法律分支中法律规制对象和方法的复杂性有关。文章作者建议将这一法律分支命名为“乌克兰行政法”。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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