COMPLIANCE WITH THE PRINCIPLE OF CORRELATION OF THE VOLUME OF THE CLAIMANT'S CLAIMS AND ENFORCEMENT MEASURES
DOI:
https://doi.org/10.52026/2788-5291_2022_69_2_263Keywords:
the principle of comparability, recovery, enforcement, debtor, recoverer, execution of judicial acts, writ of executionAbstract
The execution of judicial acts is an integral part of the constitutional right to judicial protection. Issues of enforcement proceedings often become the objects of discussion, both from the point of view of law and its practical application, not only by lawyers, but also by society. The topic of enforcement proceedings under consideration will be disclosed taking into account current judicial practice, through the prism of the functional relationship of enforcement proceedings with civil legislation and procedural law.
Questions regarding the execution of judicial acts are under the close attention of the judiciary. At present, the volume of judicial acts requiring execution is increasing, and therefore, within the framework of this article, the foundations of the principle of proportionality in enforcement proceedings are determined, as well as the goals of the state policy of the Republic of Kazakhstan in the field of execution of judicial acts.
As part of this study, the current legal acts of the Republic of Kazakhstan in the field of enforcement proceedings were analyzed in order to identify gaps that need to be addressed, and similar problems were studied in some CIS countries.
In addition, the study made an attempt to look at the development of the legislation of the Republic of Kazakhstan in the field of enforcement proceedings from a historical point of view, in order to most accurately identify issues in this area that require improvement.
At the same time, the author studied the works of a number of scientists and presented the current opinions of the domestic and foreign scientific community regarding the issue of enforcement of judicial acts.
In addition, the article considers official statistics prepared by state bodies for the execution of judicial acts, which clearly shows the gaps that exist in the legislation of the Republic of Kazakhstan in the field of enforcement proceedings.