The article substantiates that Ukraine’s course towards establishing a legal, democratic state and integration into the European Union necessitates the formation of an effective mechanism for ensuring the rights and freedoms of man and citizen, in particular through the development of the enforcement system.
The article emphasizes that the introduction of a combined system of compulsory enforcement of decisions in Ukraine was a bold step by the state authorities, which previously did not have sufficient practice in delegating their own powers to private entities. Today, one can discuss the feasibility of such an innovation, evaluate its positive or negative consequences, but the scientific community faces a much more important task - to outline the main trends in the future development of the national system of enforcement proceedings.
The article finds that the harmonization of national legislation on mediation with European norms will contribute to the development of this institution in a state governed by the rule of law.
It is established that the rational application of the described norms, taking into account global trends, agreements concluded based on the results of mediation during enforcement proceedings, will improve the work of the executor conducting enforcement proceedings.
The process of changes in legislation is influenced by international global processes, including the unification of legal systems and families, which individuality was previously absolute, the possibility of implementing the legislation of one national legal system into the system of foreign law was not allowed. Therefore, the transformation of social relations directly determines and characterizes both the specifics of the emergence and overcoming of social conflicts, and requires a rethinking of the means of overcoming them.
Subsidiary liability lies in place within the obligations that are complicated with the numerosity of individuals, it lies in place together with a partial and solidary liability. Despite the fact there exist a range of thoughts in a science of civil law on the absence of subsidiary liability, such an idea seems to be an absurd as to the fact it unables to separate liability of a major debtor from liability of a subsidiary one.
The article studies the nature of the debtor's insolvency as the recovery of measures
undertaken to prevent the fact of bankruptcy and immediately eliminate it during the
proceedings in the bankruptcy case. The focus of the judicial procedure is in improving
financial-economic situation of the debtor, the satisfaction in full or in part, the claims of
creditors by restructuring the company, debts and assets and / or changes in the legal and
production structure of the debtor