IMPLEMENTATION OF JUDICIAL CONTROL OVER THE ENFORCEMENT OF DECISIONS IN CIVIL JUDICIAL PROCEEDINGS OF UKRAINE IN PRIVATE LAW CASES

Abstract

The article is devoted to the implementation of judicial control over the execution of decisions in civil judicial proceedings of Ukraine in private law cases. It is established that the execution of judicial decisions is a key condition for ensuring the constitutional right of every citizen to judicial protection. At the stage of implementation of judicial control over enforcement proceedings, consideration of complaints against decisions, actions or inaction of a state bailiff, officials of state enforcement service bodies or a private bailiff in terms of the execution of decisions in civil judicial proceedings of Ukraine in private law cases is aimed at ensuring the mandatory execution of court decisions made in favor of a person. This is necessary for the real protection of his rights, freedoms and interests that have been violated, because without guarantees of their restoration it is impossible to fully realize everyone’s right to judicial protection. It was found that the legislation of Ukraine provides for the consideration by courts of complaints against decisions, actions or inaction of persons who carry out the forced execution of decisions. However, such control is essentially limited to the process of considering the aforementioned complaints. The changes made in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of Provisions on Judicial Control over the Execution of Court Decisions” were analyzed. It is emphasized that the directions for improving enforcement proceedings, identified in the Recommendations of the European Commission on the Efficiency of Justice, also apply to Ukraine and should be taken into account by specialists when improving the relevant legislation. It is proposed to make further changes to Section VII «JUDICIAL CONTROL OVER THE EXECUTION OF JUDICIAL DECISIONS» of the Civil Procedure Code of Ukraine by supplementing it with Article 453-5 «Law enforcement acts of the legal mechanism of judicial control». The need for further scientific research on the topic in the direction of studying foreign experience in the implementation of judicial control over the execution of decisions in civil proceedings in private law cases is substantiated, in order to find the most optimal ways to further improve the regulation of the implementation of judicial control over the execution of decisions in civil proceedings in Ukraine in private law cases.