Правові гарантії забезпечення виконання судового рішення

The enforcement of national judgments is an integral part of the rule of law principle and the existence of a state based on the rule of law. An important element of the enforcement of judgments is due legal procedure. The absence of certain legal guarantees for ensuring the enforcement of judgments leads to unsystematic changes in legislation that do not increase the enforcement of judgments in Ukraine to an acceptable level. Any procedure, which may even provide for ideal legal regulation, may be nullified due to the lack of effective means of protection during its implementation. Therefore, the methods of protecting the violated rights of the plaintiff (creditor) are the ways the plaintiff (creditor) responds to the violation of the procedure for the execution of a court decision and are an integral part of the procedure for the execution of a court decision, as a due legal procedure. To form a single concept of legal guarantees for ensuring the enforcement of judgments, all components of the legal procedure for enforcing judgments were studied. The components of legal guarantees for ensuring the enforcement of judgments are: the obligation to enforce judgments as a necessary condition for a person to restore his violated rights and freedoms; the procedure for enforcing judgments to ensure the legal enforcement of judgments by the procedure established by law; methods of protecting the violated rights of the plaintiff (creditor) to ensure the actual enforcement of the court decision; measures of coercion to execute the court decision of the defendant (debtor) in the form of legal liability in the manner established by law for non-execution or incomplete enforcement of judgments. It has been determined that legal guarantees for ensuring the enforcement of judgments are the obligation established by the state to enforcement of judgments that have entered into legal force, by a person not in whose favor such a court decision was made, in the procedure established by law with methods of protecting the violated rights of the plaintiff (claimant) and measures of coercion to execute the court decision of the defendant (debtor).