Private Executor as a Participant in Legal Relations in the Executive Process

The purpose of the article is to consider the phenomenon of cybercrime, which causes significant economic losses worldwide, to explore the problems of calculating losses through cybercrime, to identify opportunities to improve the system of combating cybercrime. The paper concluded that the growing number of cybercrimes in enterprises, the constant improvement of information technology and, as a consequence, new opportunities to "improve" the tools of their implementation pose global threats to the world economy.

The theory of the executive process and its conceptual apparatus

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings: 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).

Intersectional relations between executive law and civil law of Ukraine

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Reflections on the respect of the rights of citizens during judicial decisions of execution

The objective of the article was to analyze the problematic aspects of the judicial executive process, considering its properties and the classification of its stages. The methodological basis of the study are the general and special methods of scientific knowledge (inductive, analytical, hermeneutic, systemic and others). The results of the study include the analysis of scientific approaches to the essence, properties, classification of stages of the executive process and argumentation of theoretical proposals and informed practices. Moreover, the authors' conclusions on certain topics are set out, a new original definition of "stages of the executive process” and their original new classification is based. The practical importance of the results is that the conclusions and proposals made significantly enrich procedural science during the implementation of judicial decisions; it will be useful for the subjects of enforcement proceedings (implementing agents, parties to enforcement proceedings) in the exercise of their procedural rights and the performance of their procedural functions. The conclusions presented based on the analysis can be used to generalize executive practice.