Advisory working of attorney in the enforcement process on the example of case about execution of a judgement’s decision regarding pension payments

Keywords: advisory work, preventive consulting, prediction, attorney, enforcement process

Abstract

In the Article the author scrutinizes stages of an attorney advisory work and variety of its dynamic base on one case. The case
that has been chosen is related to state’s guarantees to enforce courts judgments for retirees, the most vulnerable social group. The study is complicated with participation of government authority in enforcement process. The authority means authorized spender of public
(budget) finance that are not enough allocated by budget program in order to ensure court judgements. It is also obvious that the study
is complicated with participation of elderly people in the enforcement process. So, the study has been done with use of tactical approach
in a form of estimation in order to obtain quickest result. For that reason, the classical model of advisory work has been extended.
Taking model case as am example, the author of the article described for the beginning the most probable result that will be no
in favor of vindicator.
The search of such a result has been done by analysis of huge amount of judicial practice and use of data of Unified State Database
of Courts Judgments.
When the author studied the practical part of the study, she found out that most enforcement cases end up with orders of enforcement
authority on termination of the enforcement procedure because of impossibility of the enforcement without participation of obli -
gator.
At the same time, the client itself, usually does not predicts such negative consequences and calls for attorney in order to run an
actual writ of execution in a ordinary manner.
Authorized action of an enforcement officer and analysis of effectiveness of the actions are described in the article.
The author also analyses the Judgement of European Court of Human Rights in the Case of Yuriy Nikolayevich Ivanov v. Ukraine
and its meaning for Ukraine. Following the analysis, the author recommends including the concept of “preventive consulting” to advisory
work as an optional stage.
The author of the study also considers possibility of so-called “partial legal support”.
The result of this study is the opinion about preferability of advisory work of an attorney in law-enforcement process over representation
in a court.
The author suggest repetition (noncompleted cyclicity) of advisory work because of specificity of the model case where two
actions of an obligator are taken place, calculation and transferring of money.
An attorney’s advice to client to initiate a court case to get satisfaction for depreciation of assets stills actual results of advisory
work. The depreciation in such cases caused by calculation of pension payments in the process of the delay of enforcement of court
judgement.

Published
2020-11-10
How to Cite
Rabovska, S. (2020). Advisory working of attorney in the enforcement process on the example of case about execution of a judgement’s decision regarding pension payments. Law Review of Kyiv University of Law, 1(3), 170-175. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/494
Section
The issues of civil law, commercial law, labour law and social security law of U