| Abstract [eng] |
In this final thesis non-monetary court decisions enforcement procedure peculiarities are analyzed by examining the prevailing legal regulation, legal doctrine and case law. This topic is mainly related with demand to protect individual’s natural rights, so it is really important for functioning of the legal system, which helps protecting constitutional values and protecting violated rights, to be efficient. While exploring this topic main aim is to reveal a close connection between non-pecuniary rights and individual’s emotional experiences, sensitivity to time and the need to protect violated non-material interests very effectively and expeditiously. Thesis analyzes the procedure for the enforcement of judgments of a non-pecuniary nature in comparison with the enforcement of judgments of a pecuniary nature using method of comparative analysis. Monetary court decisions in the enforcement process, have a superiority because of their monetary requirement nature contrary to court decisions, that do not have economic content. In this article separate stages of the enforcement process are analyzed: differences in the procedure for submission and acceptance of enforcement documents, different enforcement tools and procedures are being reviewed. While reviewing different non-monetary court decision types it is aimed to ascertain each non-material court decisions execution specifics and establish sufficiency of the peculiarities of the enforcement process established by law in order to effectively protect the violated non-property rights. Analysis performed: explains why non-monetary decisions are harder to execute than monetary decisions, also lets to survey possible enforcement measures, that may be effective in order to restore peace between dispute parties and ensure efficient non-monetary rights protection. |
