THE ESSENCE OF THE PROCEEDINGS ON THE REVERSAL OF THE EXECUTION OF A JUDICIAL ACT AND THE SUBJECTIVE PREREQUISITES OF THE PROCEEDING
ANAHIT ANTONYAN
Judge of the general jurisdiction court of first instance of
Kotayk Region of the RA
DOI: https://doi.org/10.59546/18290744-2025.10-12-88
Annotation.
This scientific article discusses the essence and subjective prerequisites of the reversal of the execution of a judicial act. In the article, the author develops the conceptual approach according to which the proceeding for the reversal of the execution of a judicial act should be classified as a differentiated form of civil proceeding and be regulated exclusively by the Code of Civil Procedure. Currently, the Code of Civil Procedure does not regulate the reversal of a judicial act’s execution. The provisions related to the reversal of the execution of a judicial act are included in the law “On Compulsory Enforcement of Judicial Acts.” The author found that, like any type of proceeding, the proceedings for the reversal of the execution of a judicial act, as a differentiated form of civil proceedings, have formal, subjective, and objective prerequisites for initiation. Subjective prerequisites are the scope of subjects that are authorized to initiate such proceedings. The author has analyzed the authority of the court to reverse the execution of a judicial act on its own initiative. In the light of the current legislative regulations and judicial practice, the article also analyzed the scope of possible persons who have the right to apply to the court to reverse the execution of a judicial act.