Court’s executive documents delivery order
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Abstract
The article analysis court’s executive performance documents delivery order. The meaning of court’s executive performance documents delivery order is discussed in the preface. The bailiff, performing court’s decision follows the performance document. If the executive documents delivery order is violated so the rights of procedure parties can be trespassed.
The article is divided into four parts. In the first part are discussed executive writ delivery conditions. It is denoted that decision must be implemented. Other condition is that decision must become res judicata. This condition is not applied for immediate implementation court decisions. Another executive writ delivery condition – plaintiffs written statement for the court to delivery of executive writ. This condition is not absolute. In cases, when the property is confiscated or when money amounts are levied to state's budget, when the damage made by criminal actions is levied, when maintenance is levied, mayhem damage or other injury to health compensation also damage caused by the death of the breadwinner; in this cases the court delivers executive writ to the plaintiff without his application.
In the second part of the work is discussed the term of executive writs delivery. Generally, executive writs are delivered when the court’s decision becomes res judicata. In such cases the executive writs delivery term is not fixed in laws. Executive writs by immediate implemented decisions must be delivered immediately. Some problematic questions arise in delivering executive writs according to the court’s rule confirmed peace contract. Generally, in the peace contract are argued some kind of conditions after which implementation or after it appearance the parties or one party of peace contract must implement actions or to refrain from it. That is why delivering executive writs by the courts confirmed peace contract it is very important to fix the appearance of argued conditions in the contract which allows enforcement of the peace contract. The penalty, imposed by the court judgement, convicted person must pay by his good will during two month after the judgement becomes res judicata or by other period of time set by court; for this reason executive writ, because of enforcement penalties exaction can be delivered only after this time.
Other demands raised for the delivery of executive documents are analyzed in the third part. Judging first instance courts right in the delivery of executive documents it is pointed that first instance court delivers executive writs not only by its enacted decisions, but also by decisions enacted by appeal instance or cassation court in that case. In some category executive cases court’s decisions resolution part fixed data is not enough for the implementation of court’s decision. The article analysis what kind of documents in such cases must be added to the executive writ. Discussing executive document’s submission for the implementation of prescription term skip meaning by delivering the duplicate of executive writ it is noted that skip of prescription term is not unconditional obstruction to implement such executive document so this is not clogging to deliver the duplicate of the executive writ.
Other court’s executive documents delivery order’s singularities are discussed in the fourth part of the article. Without executive writs as executive documents court delivers also courts dictate, rules for removal of provisional protection measures; courts judgments by which are set legal person’s activity limitation and liquidation penalties. Also pointed that it is replaceable CPK 346 article’s 6 parts regulation and by court’s dictate implementing provisional protection measures the court dictate should be send to the creditor which should appeal to bailiff for the implementation of courts dictate. The court’s judgment as an executive document could not be applied by delivery order, terms and conditions fixed in the CPK 646 article and should be guided BVK set regulation and general law principles.
The article is divided into four parts. In the first part are discussed executive writ delivery conditions. It is denoted that decision must be implemented. Other condition is that decision must become res judicata. This condition is not applied for immediate implementation court decisions. Another executive writ delivery condition – plaintiffs written statement for the court to delivery of executive writ. This condition is not absolute. In cases, when the property is confiscated or when money amounts are levied to state's budget, when the damage made by criminal actions is levied, when maintenance is levied, mayhem damage or other injury to health compensation also damage caused by the death of the breadwinner; in this cases the court delivers executive writ to the plaintiff without his application.
In the second part of the work is discussed the term of executive writs delivery. Generally, executive writs are delivered when the court’s decision becomes res judicata. In such cases the executive writs delivery term is not fixed in laws. Executive writs by immediate implemented decisions must be delivered immediately. Some problematic questions arise in delivering executive writs according to the court’s rule confirmed peace contract. Generally, in the peace contract are argued some kind of conditions after which implementation or after it appearance the parties or one party of peace contract must implement actions or to refrain from it. That is why delivering executive writs by the courts confirmed peace contract it is very important to fix the appearance of argued conditions in the contract which allows enforcement of the peace contract. The penalty, imposed by the court judgement, convicted person must pay by his good will during two month after the judgement becomes res judicata or by other period of time set by court; for this reason executive writ, because of enforcement penalties exaction can be delivered only after this time.
Other demands raised for the delivery of executive documents are analyzed in the third part. Judging first instance courts right in the delivery of executive documents it is pointed that first instance court delivers executive writs not only by its enacted decisions, but also by decisions enacted by appeal instance or cassation court in that case. In some category executive cases court’s decisions resolution part fixed data is not enough for the implementation of court’s decision. The article analysis what kind of documents in such cases must be added to the executive writ. Discussing executive document’s submission for the implementation of prescription term skip meaning by delivering the duplicate of executive writ it is noted that skip of prescription term is not unconditional obstruction to implement such executive document so this is not clogging to deliver the duplicate of the executive writ.
Other court’s executive documents delivery order’s singularities are discussed in the fourth part of the article. Without executive writs as executive documents court delivers also courts dictate, rules for removal of provisional protection measures; courts judgments by which are set legal person’s activity limitation and liquidation penalties. Also pointed that it is replaceable CPK 346 article’s 6 parts regulation and by court’s dictate implementing provisional protection measures the court dictate should be send to the creditor which should appeal to bailiff for the implementation of courts dictate. The court’s judgment as an executive document could not be applied by delivery order, terms and conditions fixed in the CPK 646 article and should be guided BVK set regulation and general law principles.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
