According to the current legislation, there is no defined status for a person against whom a court decision has been made, but no enforcement proceedings have been initiated. After a court decision is made, the status of the defendant ends with the conclusion of procedural relations. However, the material and legal relations, which are confirmed by the court decision, continue to exist. Even though the current legislation does not explicitly state the legal obligation of the debtor to fulfill a court decision that has entered into force or requires immediate execution, the author believes that due to the binding nature of court judgments, the obligation to execute a court decision rests on the debtor, regardless of whether the creditor has taken enforcement actions. Based on the results of the conducted research, the author concludes that a person against whom a court decision has been made, but no enforcement proceedings have been initiated, has the status of a debtor.
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Yulia Yu. Yakubyak (2024) studied this question.
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