RIGHTS AND OBLIGATIONS OF THE DEBTOR AS A PARTY TO THE EXECUTIVE PROCEEDINGS

The article analyzes the complex of rights and obligations of the debtor in enforcement proceedings, outlines the problems of their implementation in Ukraine. The facts of imperfect normative provision of legal guarantees for protection of the debtor's rights in enforcement proceedings have been clarified. Emphasis is placed on violations of the principles of the rule of law, the proportionality of enforcement measures and the scope of the requirements of the decision, to ensure the substantive and procedural rights of both the debtor and the debt collector, equality of the parties, personal expression of will. The Ukrainian judicial practice is considered, which indicates the main types of abuse of the debtor's legal status, in order to evade the decision. Certain ways of concealing property by the debtor, which are not directly prohibited by law, are outlined. The lack of a mechanism for legal response and the presence of gaps in the legislation, which create opportunities for the debtor to intentionally avoid the execution of court decisions or decisions of other bodies. Problems concerning the inability of the debtor to appeal against decisions, actions or omissions of the state executor in administrative order, lack of mechanism to protect and restore the debtor's right in case of abuse, illegal actions by public or private executor were considered. Ways to solve them by amending the legislation are proposed. Particular attention is paid to the institution of amicable settlement in enforcement proceedings. The procedure of conclusion and the order of execution, establishment of its legal limits, etc. are investigated. The necessity of revision of provisions of the national legislation concerning the amicable agreement, their improvement and addition is proved. Cases of application of administrative and criminal liability to the debtor, in case of non-compliance with a court decision or a decision of another body are analyzed. The norms of the legislation and the position of domestic scientists on the restriction of the debtor in the movement within the country and travel abroad, as well as other types of restrictions are considered. It is investigated that the experience of foreign countries, European practice demonstrate the facts of application of similar provisions of the legislation.