Skubiai vykdytinų teismo sprendimų instituto taikymo problemos

Abstract

The procedural and material court effects normally emerge when a decision stands up. However there is an exception to this rule either. It manifests itself upon accepting of one feature (execution) of a legal force of an enforced court decision for non–enforced court decisions. The basics of the application of the exception may be imperative ones or depend on the court’s discretion. In defense of the principle individual rights and legal and vested interests the laws have established the basics, upon availability of which no enforced court decisions can be directed for execution. The following two types of direction of court decisions for immediate execution have been established in both legal literature and the existing Civil Criminal Code: obligatory and optional. In case of the obligatory immediate execution, the court must forward for immediate execution decisions or judgments established in the law, while in the case of the optional immediate execution, the court may allow to execute a court decision or a judgment immediately at one’s own initiative or upon a request of a country. The decisions which defend the essential legal values and interests of a person shall be directed for immediate either obligatory or optional execution. Upon authorization for an immediate execution of such a decision, it shall be carried out without delay, and the legal values and interests therefore would be restored sooner than in case of an ordinary execution of a court decision.
The institute of immediate execution of court decisions cannot be replaced by the application of either temporary protection means or means guaranteeing execution of a court decision.