Application of Interim Measures of Protection of Rights in Proceedings for Reversal of Execution of a Judicial Act

Abstract

In the article, the authors comprehensively examined the need for the application of interim measures of protection of rights during the proceedings for the reversal of the execution of a judicial act. The article substantiates that the court ensures the resolution of the issue of reversal of the execution of a judicial act based not on the private interest of one of the parties in this case, but on the public interest, namely that the Court is obliged to ensure the proper implementation of the mechanisms provided for the realization of the fundamental rights of a person defined in Articles 61 and 63 of the Constitution. Based on the above, the authors concluded that the court, based on the peculiarities of the proceedings for the reversal of the execution of a judicial act and having the duty to ensure the realization of the person's right to judicial protection and a fair trial, is not only obliged to reverse the judicial act on its own initiative, but also to ensure the execution of its own judicial act. The authors substantiated that, in order to ensure the execution of the judicial act, within the framework of the proceedings for the reversal of the execution of the judgment, the court should first apply such measures of protection of the right that are necessary to achieve the final goal of the proceedings.

The article analyzes in detail the interim measures of protection of rights, the cases of their application and the initiators, also comparing them with the measures of securing the claim. The institute of ensuring the execution of the judgment within the framework of the proceedings under discussion was also analyzed. In the light of legal practice, legislative regulations and the conducted analyses, the authors proposed to provide regulations in the Civil Procedure Code that relate to interim measures of protection of rights in the proceedings for the reversal of the execution of the judgment and their application.