Abstract
The article addresses problematic aspects of the execution of court decisions on arranging meetings with a child. The aim of this research is to analyse the practice of the European Court of Human Rights (ECHR) and national legislation to reveal obstacles in proper and timely execution of such decisions. General and special scientific methods, namely dialectical, analytical, logical, comparative and legal methods, were used in order to achieve this goal. Based on the analysis of the ECHR decisions, the main shortcomings of Ukrainian legislation and practice are: the imperfection of legislation; the imperfection of administrative factors; specialists are not involved in children's and family's matters; lack of means to resolve family disputes; the absence of particular measures which could be taken in accordance with the principle of proportionality in order to ensure the enforcement of decisions on the right of access; improper performance of duties by officials etc. It is justified that the priority is always given to voluntary execution of decisions because such decisions do not provide for enforcement. One of the reasons for non-enforcement is the debtor's wrongful conduct, however the child's unwillingness to see the creditor cannot be a ground for imposing a fine on the debtor or closing the enforcement proceeding. Such an 'unwillingness' cannot be considered as absolute, since the executor should maintain the balance between the child's right to express his opinion and be heard in matters concerning him, in particular, to express reluctance to communicate with the creditor and, on the other hand, the right of parents to be involved in child's upbringing and unimpeded communication with him. The need to involve guardianship and custody bodies and psychologist was emphasized to implement such categories of decisions. The necessity to improve the procedure of the execution of decisions and increase the ways of influencing on the debtor in case of nonexecution of a court decision was substantiated. Keywords: enforcement proceeding, meetings with a child, voluntary execution of decisions, child's interests, state executor
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