PRINCIPLES OF PROTECTION OF SUBJECTIVE RIGHTS, FREEDOMS AND LEGAL INTERESTS OF THE PARTIES TO EXECUTIVE PROCEEDINGS IN CIVIL JUDICIARY

Abstract

The article is devoted to the disclosure of the principles of protection of subjective rights, freedoms and legitimate interests of the parties to executive proceedings in civil proceedings, to the determination of directions for further research of the outlined issues on this basis. It was determined that despite the significant difference in the methods of protection, they have many common features. First, their task is to protect the rights of the parties to enforcement proceedings. Secondly, they are all carried out by the same subject (court). Thirdly, all of them are carried out in civil proceedings and are directly related to executive proceedings. This makes it possible to single out the system of principles of protection of the rights, freedoms and legitimate interests of the parties to enforcement proceedings in civil proceedings. It is justified that it is expedient to distinguish general and special principles of protection of the rights, freedoms and legitimate interests of the parties to enforcement proceedings in the civil proceedings. It was determined that the general ones are determined by the principles of civil justice, executive proceedings, as well as the positions of international entities, primarily the ECHR regarding the implementation of executive proceedings. The general values include such principles as: rule of law; mandatory implementation of decisions; legality; dispositivity; equality of all participants in the legal process before the law and the court; fairness, impartiality and objectivity; transparency and openness. It has been proven that special principles are determined by the specifics of activities related to the court's protection of the rights of parties to enforcement proceedings: the availability of means of protection of the rights of parties to enforcement proceedings; reasonableness of terms; ensuring the right to appeal acts of executors; inadmissibility of abuse of procedural rights. It was determined that a promising subject of further scientific research is the provision of characteristics of specific special principles of court protection of the rights of the parties to executive proceedings.