PRACTICAL ASPECTS OF AN ACTIVITY OF CONCERNED PERSONS AT REALIZATION OF COURT DECISIONS ABOUT IMPOSITION/CANCELATION OF PROPERTY ARREST IN CIVIL PROCEDURE

Abstract

The analysis of practical aspects of decisions of a court, executive office, public registers at securing a claim as an arrest of probable debtor’s property and/or cancelation of it is carried out in the article.
This problem is an urgent and specific part of a civil procedure. It elucidates the state activity on protection of a property of society members that are under its jurisdiction.
The more effective this protection is, the more safely will social members feel themselves in the development of their economic initiatives, including in saving own resources within a state.
Just a continuous irresponsible attitude of Ukrainian state to the protection of its citizens’ rights became a cause of many years stable outflow of financial resources beyond Ukraine and the absence of investments.
The information about practical complications at practical realization of court decisions is presented in the material, the evident hollows in legislation as to the practical access to justice are noted, the analysis of adjacent regulative acts and court practice in the dynamic sof existent changes is realized.
At the same time there is not studied the question of arrests cancelation at the stage of court enforcement action under condition that these arrests imposition is not a result of securing a claim but a result of executor’s activity for the real execution of a court decision.