CHANGING THE METHOD OF ENFORCEMENT OF A COURT DECISION AS A MEANS OF PRIVATE LAW PROTECTION OF THE CREDITOR’S INTERESTS

Abstract

The article examines the change in the method of enforcement of a court decision as a procedural means of securing the creditor’s interest in the practical outcome of judicial protection already granted. It is substantiated that, after a court decision has been delivered, the creditor’s right is formally confirmed; however, its practical significance depends on the possibility of actual enforcement. Where the method of enforcement initially determined by the court becomes impossible or fails to produce the required result, preserving that method may lead to a situation in which the court decision remains legally valid but does not fulfil its restorative function. The article analyses previous approaches in judicial practice, according to which changing the method of enforcement from the return of property to the recovery of its value was often treated as an actual change in the method of protection of the right. It is noted that such an approach limited the creditor’s ability to obtain the practical result of judicial protection and forced the creditor to bring a new claim before the court. Particular attention is paid to the provisions of Law of Ukraine No. 4094-IX of 21 November 2024, which updated the procedural regulation of changing the method and procedure of enforcement of court decisions. It is shown that the introduction of the possibility to recover the value of property in the event of non-enforcement of a decision requiring certain actions in respect of the creditor’s property, or property awarded in favour of the creditor, reflects a departure from an excessively formal approach to the enforcement of court decisions. It is concluded that changing the method of enforcement of a court decision does not amount to a repeated protection of the right and should not be equated with changing the substance of the decision. Its purpose is to modify the manner of implementing an obligation already established by the court in order to secure the creditor’s interest. In this respect, the institution under study is considered as one of the applied directions of modernising private law mechanisms for safeguarding Ukraine’s national interests, since the effectiveness of enforcement of court decisions is a necessary condition for legal certainty, the stability of civil circulation, trust in justice, and compliance with the contemporary understanding of effective judicial protection.