The science of the executive process: the prerequisites

Keywords: legal science, executive process, the science of the executive process, theory of executive process, the object of executive process, prerequisites for the emergence of science

Abstract

The article reveals the prerequisites for the emergence of science of the executive process, which includes the presence of an
independent sphere of the executive process, endowed with specific patterns of functioning and development, the presence of scientific and practical needs in cognition of the executive process, scientists specializing in research executive process, recognition of the exe -
cutive process by the scientific community.
To determine the independence of the executive process as a science, the object and subject of the executive process are outlined.
The object of the executive process is proposed to determine a set of executive procedural legislation, other regulations, lawma -
king, law enforcement, other phenomena and processes of legal practice, knowledge of which is necessary to substantiate, justify the
conclusions, provisions, categories, concepts, laws of executive process.
It is suggested that the subject of the executive process should be considered a system of laws that define the executive process
as a social phenomenon, its historical development and operation in modern conditions.
A certain part of the knowledge that is the subject of the executive process, in terms of practical experience of law enforcement
activities of public and private performers, which is the first approximation to the actual scientific knowledge, requires awareness and
is a practical basis for research. It covers phenomena in all their diversity and contradictions, but does not reflect these phenomena in
the concepts and categories of science. The next level of knowledge about the executive process is systematized and generalized in the
form of scientific research concepts of executive procedural rules, executive procedural legal relations and institutions of the executive
process.
The system of executive process conditionally consists of several blocks which should be interconnected and coordinated among
themselves. First of all, it is a block of procedural legal relations, and a block of issues of organization of enforcement of decisions
(structure) to overcome the significant gap between the process of execution of decisions and bodies and persons of its implementation,
which is most relevant at this stage of enforcement process. The change of the existing model of execution of court decisions and decisions
of other bodies from the state model to a mixed or combined model of execution of decisions and introduction of private (nonstate)
form of execution simultaneously indicates new needs of society and, accordingly, allows to conclude about inseparable connection
of these blocks. legal relations, which in the implementation of decisions are so closely intertwined and interact that they become
integral parts of one whole.
In addition, another important block is the international enforcement process, because scientific knowledge of enforcement of
decisions complicated by a foreign element, the study of foreign experience in this area, as well as the appropriate reflection of enforcement
in international treaties concluded by Ukraine are a large array of issues executive process.

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Published
2020-11-10
How to Cite
Shcherbak, S. (2020). The science of the executive process: the prerequisites. Law Review of Kyiv University of Law, 1(3), 186-193. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/497
Section
The issues of civil law, commercial law, labour law and social security law of U