THEORETICAL, PSYCHOLOGICAL, AND ADMINISTRATIVE MECHANISMS FOR REFORMING THE ENFORCEMENT PROCEEDINGS SYSTEM: NATIONAL AND INTERNATIONAL EXPERIENCE

Abstract

The article provides a comprehensive analysis of theoretical, psychological, and administrative mechanisms necessary for reforming the enforcement proceedings system in Ukraine. The study encompasses both national and international experiences, including practices of private enforcement proceedings that have demonstrated high efficiency in European Union countries such as France, Germany, and Lithuania. The necessity of introducing the institution of private enforcement agents in Ukraine is highlighted, emphasizing the development of a legislative framework to regulate their status, powers, rights, and obligations. The article discusses in detail the proposal to establish the National Council of Private Enforcement Agents to coordinate the activities of this institution and suggests pathways for improving the professional training of enforcement agents through the development of new educational programs and standards that meet modern requirements. Special attention is given to the importance of implementing digital technologies in the enforcement proceedings system. The need to create public registries to ensure transparency in the activities of enforcement agents is noted, fostering public trust. The article proposes the development of a professional liability insurance system for enforcement agents, which would guarantee the quality of their work and minimize risks for parties involved in enforcement proceedings. The study results underscore the significance of harmonizing national legislation with European standards and integrating the best international practices. It is concluded that reforming the enforcement proceedings system should be based on a balance between public and private interests, ensuring the efficiency of court decision enforcement, reducing corruption levels, and enhancing the social responsibility of enforcement agents. A comprehensive approach to reform is proposed, encompassing the improvement of the legislative framework, modernization of organizational structures, and implementation of innovative technologies and management mechanisms. This approach aims not only to optimize the timelines for enforcing court decisions but also to improve the quality of services provided by enforcement agents, facilitate Ukraine's integration into the European legal space, and ensure the protection of the rights of citizens and legal entities in the enforcement process.