The article is devoted to the study of normative – legal support of enforcement of court decisions through the prism of law enforcement practice. Emphasis is placed on the elements of a developing democratic society, which is open to change, implementation and enforcement of court decisions used by citizens, where an important role is given to the legislation on the implementation of the rules of enforcement proceedings. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on the protection of citizens' rights to a fair trial and enforcement of a court decision, which are still not properly specified in current legislation, are often limited or even violated. The need to amend procedural legislation taking into account the latest advances in science; the presence of different positions of scientists on the understanding of the essence and content of legal relations at the stage of implementation of the decision; negative practice of execution of judicial acts in Ukraine, which leads to the appeal of Ukrainian citizens to the European Court of Human Rights. The main innovation of the adopted laws and the basis of the concept of reform, which is laid down, is the introduction of the institution of private executors, which operates alongside the state executive service and performs the functions of enforcement of courts and other bodies
Legislative support enforcement of court judgments in Ukraine
Abstract
Keywords
execution of a court decision; enforcement proceedings; execution of decisions; normative legal acts
[1] Basic principles of judicial independence, approved by UN General Assembly resolutions No. 40/32 and 40/146. (1985, December). Retrieved from http://zakon.rada.gov.ua/laws/show/995_201
[2] Code of Conduct for Law Enforcement Officials, approved by UN General Assembly Resolution No. 34/169 (1979, December). Retrieved from http://pravo.org.ua.
[3] Code of Labor Laws of Ukraine No. 322-VIII (1971, December). Retrieved from https://zakon.rada.gov.ua/laws/show/322-08#Text.
[4] Constitution of Ukraine. (1996, June). Retrieved from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text.
[5] Convention for the Protection of Human Rights and Fundamental Freedoms. (1950, November). Retrieved from http://zakon2.rada.gov.ua/laws/show/995_043.
[6] Law of Ukraine No. 1403-VIII “On bodies and persons who carry out enforcement of court decisions and decisions of other bodies”. (2016, June). Retrieved from https://zakon.rada.gov.ua/laws/show/1403-19#Text.
[7] Law of Ukraine No. 1404-VIII. “On Enforcement Proceedings”. (2016, June). Retrieved from https://zakon.rada.gov.ua/laws/show/1404-19#Text.
[8] Law of Ukraine No. 202/98-VR “On the State Executive Service”. (1998, March). Retrieved from https://zakon.rada.gov.ua/laws/show/202/98-%D0%B2%D1%80#.
[9] Law of Ukraine No. 30 “On the execution of decisions and application of the case law of the European Court of Human Rights”. (2006, February). Retrieved from https://zakon.rada.gov.ua/laws/show/3477-15#Text.
[10] Law of Ukraine No. 3782-XII “On ensuring the safety of persons involved in criminal proceedings”. (1993, December). Retrieved from https://zakon.rada.gov.ua/laws/show/3782-12#top.
[11] Law of Ukraine No. 40-41 “On the National Police”. (2016, August). Retrieved from https://zakon.rada.gov.ua/laws/show/580-19#Text.
[12] Law of Ukraine No. 889-VIII “On civil service”. (2015, December). Retrieved from https://zakon.rada.gov.ua/laws/show/889-19#Text.
[13] Order of the Ministry of Justice of Ukraine No. 3284/5 “On approval of the Procedure for conducting inspections of the activities of state executive service bodies, private executors”. (2018, October). Retrieved from https://zakon.rada.gov.ua/laws/show/z1195-18.
[14] Order of the Ministry of Justice of Ukraine No. 512/5 “On approval of the Instruction on the organization of enforcement of court decision” (2012, April). Retrieved from https://zakon.rada.gov.ua/laws/show/z0489-12#Text.
[15] UN Universal Declaration of Human Rights. (1948, December). Retrieved from http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=995_015.