ON THE HISTORY OF THE DEVELOPMENT OF ENFORCEMENT OF COURT DECISIONS IN FOREIGN COUNTRIES

Abstract

Within the framework of this scientific article, a review of the development of systems that ensure debtors to fulfill their monetary obligations is carried out. An overview of such systems from the most ancient eras (Babylon) to modern Ukrainian regulation is carried out. The issue of deprivation of liberty for non-fulfillment of debt obligations is considered and it is indicated that only in the middle of the 20th century humanity came to the point where it decided to prohibit deprivation of liberty for such actions of the debtor at the level of international law. It has been investigated that persons authorized to take coercive actions for debt collection existed in the Roman Empire. The development of bailiffs in the Netherlands from the Middle Ages to the present is analyzed. The great impact of French legislation on the development of the system of court decisions enforcement in the Netherlands is indicated. The article notes the risks to the life and health of bailiffs in the Middle Ages in the territory of the modern Netherlands, and also points out the legal protection of bailiffs in France at that time. It is noted that in modern Ukraine criminal law protection of state and private performers is provided. It was investigated which features of decisions enforcement in previous eras were reflected in our times. In Ukrainian legislation for a long time there was a rule on giving the debtor time to independently execute a court decision, as in the Middle Ages in the Netherlands. Like in previous times, now the debtor needs to offer property that should be foreclosed on. The property forced sale procedure is described and compared with the modern procedure. The specifics of the forced sale of property at an auction 500 years ago are due to the realities of the time: announcements about the sale of property were made in the church and in the market, and the sale process itself continued while the candle was burning, and then the agreement was approved by the court. The only thing that has remained unchanged to this day is the principle according to which the buyer of the property becomes the one who offers the highest price at the auction. It is also indicated that even now the legal acts of the Council of Europe regarding the decisions enforcement indicate the possibility of entrusting bailiffs with the performance of other functions.