Enforcement of court decisions in civil cases: today's problems

Abstract

The paper is devoted to the main aspects of the execution of court decisions as the final stage of the civil process, special attention is focused on the problems of today. The meaning of the last stage of the civil process was analyzed and its place among other procedural actions was clarified. The reasons for the actual non-execution of court decisions are determined, which are related to the violation of the systematic organization of their implementation both procedurally and organizationally, and which are also related to the full-scale war in Ukraine. Regulatory legal acts at the national level are singled out, which guarantee every person the right to judicial protection and the mandatory execution of court decisions. The process of execution of court decisions in civil cases is characterized in accordance with national legislation, which begins with the opening of executive proceedings. The main task of civil justice is emphasized, which is aimed at protecting the rights, freedoms or interests of natural persons, the rights and interests of legal entities, and the interests of the state. It is emphasized that the implemented court decision serves as the only indicator of the effectiveness of justice in the country, because if the court decision is not implemented, it means that the institute for the protection of the rights, freedoms and legitimate interests of individuals and legal entities does not work in the country. It is noted that the execution of court decisions has always been a significant problem for domestic justice, in particular, it is associated with long terms, excessively formal requirements, limitation of opportunities for the debt collector and the debtor to influence the enforcement proceedings, etc. It is noted that the institute of private executors, which has existed for only a few years, has already demonstrated its effectiveness, however, the percentage of execution of court decisions has decreased over the past six months, which is connected with military actions on our territory. Therefore, equalizing the mandates of private and state executors can be a possible step on the way to improving the execution of court decisions. It is concluded that ensuring the execution of the court decision is the duty of the state, the authority of the judiciary, trust in the court and faith in justice depend on its execution.