enforcement proceedings

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 examines the legal nature, content, and evidentiary value of the institution of factual state recording by a judicial enforcement officer (protokoł stanu faktycznego) under the legislation of the Republic of Poland. This institution, originating from the French constat d’huissier de justice, reflects European trends in expanding the powers of enforcement officers toward evidence preservation and legal certainty in civil 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 article deals with the question of the division of the administrative process into
conflict and non-conflict. In addition, the place of the executive process is determined. It is
proved that the executive process is not in itself conflict, but conflicts may arise as a result of
its implementation, and thus it may cause a conflict. It is proposed to determine the executive
process as having a double orientation.