ДИСКРЕЦІЙНІ ПОВНОВАЖЕННЯ СУДУ ЩОДО ЗАСТОСУВАННЯ СУДОВОГО КОНТРОЛЮ ЗА ВИКОНАННЯМ СУДОВИХ РІШЕНЬ У ЦИВІЛЬНИХ СПРАВАХ

It was established that the concept of discretionary powers of the court regarding the application of judicial control over the execution of court decisions in civil cases should be understood as such powers when, within the limits defined by law, the court that issued a decision in a civil case that is subject to execution has the opportunity independently (on own discretion) to choose one of several options for a specific lawful decision regarding the activities of the public or private executor to whom such execution is entrusted, regarding his actions or inaction, on the basis of a complaint filed by a party to the enforcement proceedings. In turn, the parties to enforcement proceedings have the right to appeal to the court with a complaint if they believe that their rights or freedoms have been violated by the decision, action or inaction of the state executive or private executive during the execution of the court decision. This provides an opportunity to intervene at one's own discretion (judicial discretion) within the limits of the powers of the state executor or private executor. The complaint is considered within a ten-day period in a court session with the participation of the debt collector, the debtor and the state executor or other official of the state executive service body or private executor whose decision, action or inaction is contested. However, when applying judicial discretion when applying this or that rule of law during judicial control, the judge must focus on achieving the goals and objectives of civil proceedings, as well as executive proceedings. Discretionary powers should not be used arbitrarily, and the court should control the decisions made on the basis of the exercise of discretionary powers as effectively as possible. At the same time, the powers of a judge must fulfill both the tasks set before a specific court (judge) during the administration of justice (correct and timely consideration and resolution of cases, fair judicial consideration of cases by an independent and impartial court), and the tasks set by the domestic legislator before the entire judiciary by the authorities (execution of justice), as well as tasks of the international level (guaranteeing and implementing the principle of access to justice and the principle of fair trial. [ABSTRACT FROM AUTHOR]