Principles of the stage of initiation enforcement proceedings

The article is devoted to the scientific issue of distinguishing the principles of the enforcement proceedings initiation stage as an independent group of enforcement proceedings principles, and also to the study of the content of individual principles of this stage. The author establishes that the stage of initiation of enforcement proceedings is based on the principles of enforcement proceedings reflected in Article 2 of the Law “On Enforcement Proceedings” and on the principles which characterize it as a separate stage of enforcement proceedings. In this regard, all the principles of the enforcement proceedings initiation stage can be divided into general principles of the enforcement proceedings initiation stage and special principles of the enforcement proceedings initiation stage. The general principles of the stage of initiation enforcement proceedings include the following principles of enforcement proceedings: the principles of dispositivity, mandatory enforcement of decisions, and reasonableness of the timeframe for enforcement proceedings. The special principles of this stage include the principle of initiation enforcement proceedings solely on the basis of an enforcement document and the principle of ensuring the creditor’s access to the bodies and persons engaged in enforcement of decisions. The author analyzes the content of each of these principles. The author determines that dispositivity as a principle at the stage of initiation of enforcement proceedings means that the bailiff is not entitled to commence enforcement proceedings independently without an application of a statutory entity, and his actions are derived from the actions of the relevant entity. When analyzing the principle of reasonableness of the enforcement proceedings, the author found that not all terms at the stage of initiation enforcement proceedings are reasonable. In this regard, amendments to the legislation are proposed. It is also established that the content of the principle of initiation enforcement proceedings solely on the basis of an enforcement document means that such proceedings are institute only if an enforcement document is available. The absence of a writ of execution, defined as such by law, makes it impossible to initiate enforcement proceedings and enforce the decision. The principle of ensuring the creditor’s access to the bodies and persons engaged in the enforcement of decisions is the provision which guarantees the right of a person who has received a decision of a jurisdictional body in his/her favor to enforce it.