Publication date: 20.05.2024
Private executors in Ukraine: From service to debts
The Ukrainian justice system is applied and improved according to the needs and challenges of the time. However, along with positive changes, there are aspects that need attention and correction. One of these aspects is the role and status of private executors in modern Ukrainian justice.
Problems and Challenges in the Activities of Private Contractors
Recently, society's attention has been focused on the functioning and problems arising in connection with the activities of private contractors. The case, which was considered by the Supreme Court as part of the combined chamber of the Civil Court of Cassation, is only one of the illustrations of the problems that need attention and solutions.
Court Case No. 225/2213/20: Conclusions of the Supreme Court
In the mentioned case (No. 225/2213/20), the Supreme Court emphasized that the legal norms regulating the payment of the court fee provide for a clear list of conditions and criteria under which the court can exempt from the payment of the court fee. However, in some cases, courts even decide to collect court fees from private executors, without taking into account their property status and executive functions.
Problems with Seizure of Personal Funds of Private Contractors
An important problem that needs attention is the lack of a legal basis for collecting court fees from private executors. A private executor, as a subject of independent professional activity, is not a party to the case, and therefore, taking him as a debtor in the case is legally unfounded.
In addition, there are problems with the seizure of personal funds of private performers. A deficiency in the work of banks when seizing funds often leads to an illegal restriction of access to funds that are not related to debts before collection.
An additional problem is insufficient awareness of judges regarding the legal status and functions of private executors. Frequent cases of incorrect collection of court fees and illegal seizure of funds indicate the need for additional training and informing judges about the specifics of the professional activity of private executors.
In order to solve the above-mentioned problems, it is necessary to systematically work on improving the legislation that regulates the activities of private contractors. This includes the development of clear and transparent rules for the collection of court fees, as well as the definition of the competence and powers of private executors.
Improving Legal Culture: Protecting the Rights of Private Contractors
In addition, it is important to increase the level of legal culture among judges, which will avoid improper application of legislation and ensure the protection of the rights and interests of private executors.
In general, problems related to the functioning of private executors in the modern Ukrainian justice system require a complex approach to solving. Only through the joint efforts of judicial bodies, human rights organizations and public representatives can effective solutions be achieved, aimed at protecting the interests and interests of all participants in the legal process and ensuring the rule of law. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation , written consultation, verification of documents by a lawyer, lawyers documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Material and Technical Support and Financing of Private Contractors
At the same time, it is also necessary to take into account the importance of the role of private executors in the legal system. These specialists play an important role in ensuring the execution of court decisions and ensuring law and order. However, to ensure their effective work, it is necessary to create favorable conditions and settle issues related to their activities.
One of the possible ways to solve these problems can be the development of special legislation regulating the activities of private contractors. This law should define their rights, obligations, and the conditions under which they can work. It is also important to provide mechanisms for monitoring their activities and responsibility for violations of legislation.
Conclusions: Ensuring Legal Order and Protection of Citizens' Rights
In addition, it is necessary to ensure the appropriate level of financing and logistical support of private performers. This will allow them to effectively perform their functions and ensure the execution of court decisions.
Finally, it is important to involve all interested parties in the dialogue on this issue - representatives of law enforcement agencies, human rights organizations, judicial authorities, as well as private executors themselves. Only through joint efforts can we ensure the effective functioning of this important component of the legal system and protect the rights and interests of all participants in the legal process.
Government structures and legislative bodies should pay due attention to this issue and consider possible ways to further improve the legal framework regulating the activities of private contractors. Only in this way can the legal clause be ensured
