Legal challenges and innovations in executive proceedings in Ukraine and the world: A comparative aspect

Abstract

The relevance of the study is due to some changes at both the global and national levels that significantly affect the process of exercising the rights and freedoms of individuals, rendering a fair judgement and its enforcement. Such changes include the introduction of martial law in Ukraine and the digitalization of several legal processes. In view of this, the purpose of the research work is to analyse the main problems in the field of enforcement of decisions that impede the enforcement of court decisions and ensure the principle of justice and the rule of law in Ukraine and in the world. The following methods were used in the study: historical, statistical, comparative, formal and logical. The results of the study showed that enforcement proceedings in Ukraine are regulated by a mixed system that includes both public and private enforcement officers. The study highlights the fact that Russia's full-scale invasion of Ukraine has had a significant impact on the enforcement of court decisions. This has led to the need for legislative changes and practical challenges for the enforcement system. The experience of other countries, including the United States and China, demonstrates that the introduction of digital technologies to automate judicial, and enforcement procedures can be effective in further reforming this system in Ukraine. Despite some progress in implementing the reform in Ukraine, there are still problems with the efficiency and accessibility of enforcement proceedings, especially under martial law. To overcome them, it is necessary to use the best practices of the EU countries, in particular, in terms of digitalization of the process, introduction of alternative methods and ensuring equality between private and public executors, as well as to create a transparent control system. The results of the study contribute to the doctrine of the institute of enforcement proceedings and create an effective theoretical basis for the practical implementation of methods to improve the enforcement of decisions