STATE-LEVEL MANAGEMENT OF INTERACTION OF BODIES OF STATE EXECUTIVE SERVICE AND PRIVATE BAILIFFS: THE INTERNATIONAL EXPERIENCE

Abstract

Іn the framework of the article, taking into account the existing developments of scientists in the field of law and public administration, it is determined what is the process of state management of the interaction of bodies of the State Executive Service and private bailiffs, the classification of the system of compulsory enforcement of decisions depending on the number of institutions performing the functions of enforcement. The features of functioning and state management of compulsory enforcement in some states are analyzed. Features and positive aspects of functioning of the centralized (state), decentralized, mixed (combined) system of compulsory execution of decisions are defined.

Particular attention is paid to countries where there is a mixed (combined) system of enforcement (France, Georgia, USA), and which is introduced in Ukraine. The positive aspects that could be helpful in the national model forced performance of the decisions were identified.

The opinion on expediency of the direction of public administration of compulsory execution on stimulation of participants of production of voluntary execution or application of Institute of mediation, introduction of the quota principle of attraction of bailiffs was expressed, as well as on free access of bailiffs to all electronic registers of Ukraine, possibility of record keeping in the sphere of compulsory execution in electronic form, accession to system of bodies of compulsory execution of decisions of such institutions as: fiscal authorities, law enforcement agencies, banks is expressed.

It is noted that the only purpose of all the proposed changes should be to protect and restore the violated rights of individuals and legal entities. It seems that the introduction of a mixed system of enforcement should improve the situation with the execution of court decisions and decisions of other bodies (officials).