Enforcement of court decisions: analysis of the legal positions of the Constitutional Court of Ukraine

Abstract

Constitutional law is concerned with the fact that the executive branch is responsible for the implementation of laws. The latter is also slightly different from a related concept, which is the application of laws, as evidenced by judicial practice. The concept of execution of a court decision is also understood from the point of view of the ECtHR, since the unreasonableness of the delay in rendering the decision entails the responsibility of the state in national legislation on the basis of Articles 6, §§ 1 and 13, ECHR, as the Court reminds "that the right to the execution of a court decision is one from the aspects of the right of access to a court... and that enforcement must be complete, perfect, and not partial.”
 Effective execution of court decisions is an integral part of the requirements of Article 6 of the European Convention on Human Rights. Given the volume of cases pending before the Court and the instruments recently adopted by the Council of Europe in the field of law enforcement. There can be no reasonable doubt that the execution of the decision is an integral part of the right to effective judicial protection, as it is a logical consequence of the court's consideration of citizens' legal claims. The right to effective judicial protection and due legal procedure, as the timely implementation of decisions of the Constitutional Court is an imperative of the principle of legal certainty. It is a fundamental element of the requirement of efficiency, which is part of the process and guarantees compliance with the principles of supremacy and constitutional inviolability by all branches of government and citizens.
 The enforcement of judgments issued by constitutional courts or tribunals is adjusted to the right of the party in whose favor the judicial authority rules, so that those who issue them or those who are responsible for their execution are obliged to take the necessary and timely measures measures for their strict compliance, in accordance with current rules and procedures.