REGULARITIES AS A SUBJECT OF SCIENCE OF EXECUTIVE PROCESS
Authors:   Sumy National Agrarian University, Shcherbak S. 
Published: December 2021

The article analyzes the existing positions of scientists of general theoretical jurisprudence on legal laws as a fundamental and rather complex scientific category, which is undeservedly "forgotten" in our time, the interest in which is determined by the needs of practice and the essence of scientific knowledge. Based on the conceptual principles of general theoretical science, the branch concept of regularities as a subject of science of executive process is offered, taking into account the necessity of development of doctrinal provisions of science of executive process. It is proved that the formation and formation of the science of the executive process is ahead of the emergence of the relevant branch of law; the place of the executive process in the legal system continues to be considered, because the process of forming the branch of law must be complex and long and thus requires justification and awareness. The essence and features of legal regularities in the general theory of law are revealed, and also their display and value in the course of execution of judicial decisions and decisions of other bodies are defined; such regularities as a subject of science of executive process are specified. It has been clarified that the decisions and decisions of other bodies, have natural connections and relations concerning: creation, actions and improvement of the legislation regulating process of execution of court decisions and decisions of other bodies; practices of application of executive procedural norms (including rules of law enforcement in typical situations, overcoming gaps); use of historical experience of execution of court decisions and decisions of other bodies; use of foreign experience of enforcement of decisions of jurisdictional bodies; the provisions of international legal acts on enforcement (expediency of harmonization and implementation, which will require changes to national legislation); methodological problems of the science of the executive process. Characterization and classification of branch regularities, depending on criterion of sphere of action in science, of executive process on five kinds are given among which are: natural connection of the simplest phenomena – the executive document, executive procedural legal relations, executive actions; natural connection of complex phenomena, such as the system of executive procedural legislation, the model of the executive process, the methodology of the executive process; regularities inherent in the executive process as a whole (principles of the executive process, stages of the executive process, subjects of the executive process); the natural connection of the executive process with the economy, sociology and other social spheres. An assessment of new regular connections that arises in the modern executive process, taking into account the signs of dynamic patterns and examples of transformation of patterns that were manifested in the Soviet times and operate in modern times, in particular, fundamental regularities, (which are succession in law, the stability of the legal tradition), and the objective need for formal certainty in law are fragmentarily outlined in the example of the science of executive process, because the executive process was separated from the science of civil procedure and did not absorb its succession, but caused new, its own patterns, which arose simultaneously with the new phenomenon of legal life, and thus acquired a set of legal relations that are not embodied with justice (while the modern prototype of the executive process is associated "with a drone and tow truck", not with Themis, the goddess of justice). In turn, the subject of the science of executive process is proposed to understand the objectively determined, constant, necessary, and causal links that provide knowledge of the process of execution of court decisions and decisions of other bodies as a legal phenomenon, as well as reflect its deep, essential properties. The architecture of the subject of science should be determined primarily by the structure of the relevant law, in this case by the Law of Ukraine "On Enforcement", a significant disadvantage of which is the systematic revision and reformatting of its provisions by adopting the law or its new Version changes simultaneously the conceptual bases of activity of executors and considerably complicates formation of theoretical bases of executive process. It is substantiated, that coincidences, provided that they are repeated, can become a trend, and trends, in turn, can grow into a pattern. The importance of regularities lies in the fact that they are not only the subject of science of the executive process, but also have methodological significance for the executive process as a young branch of legal science, because it is on the basis of regularities that basic scientific provisions become especially relevant in the emergence and development of new branches of legal science. The paper identifies existing trends such as anthropologization, globalization and deformation and reveals them on the example of the executive process; it outlines the content of coincidences in the science of executive process. The need for further scientific development of both the actual legal laws and industry laws of the science of the executive. Process is predicted, taking into account the immensity of the category of laws and giving to it the weight at the present stage of development of the science of the executive process.