FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE IN THE EXECUTION OF COURT DECISIONS

Abstract

A fair court decision is the goal of justice. The meaning of justice is achieved only when the court decision is executed. Otherwise, the court decision remains only a sheet of paper. Execution of court decisions is the final stage of the court process, which has as its purpose the implementation of the court decision. That is, in the execution of a court decision, the principle of justice is implemented in practice. The state executive service is responsible for enforcing court decisions. In accordance with the Constitution of Ukraine, the state must ensure the execution of a court decision. In addition to the adoption of an act of justice, courts must exercise appropriate judicial control over its execution. The author also draws attention to the fact that in practice there is often a “formal” execution, as enforcement proceedings are closed for one reason or another, and there is no actual execution of the court decision. The European Court of Human Rights singles out another problematic issue in Ukraine – the long-term non-enforcement of national court decisions. After analyzing the work of the state executive service, the author came to the conclusion that the situation is quite complicated. Compared to European countries, the performance rate is low. Due to the legal nihilism of the citizens of Ukraine, it is quite difficult to enforce court decisions in our country. Since the execution of court decisions is a component of the right to a fair trial, the author summarizes the experience, proposals of state executors and analyzes the relevant problems. Among them there are such as low wages of employees of the state executive service, the lack of proper security for state executors in the execution of court decisions, the need to increase the staff in the state executive service. Proposes to expand the rights of state executors and take active measures to combat corruption in the courts. Inadequate cooperation of banks, police and other bodies with the state executive service is also a big problem in practice, which significantly complicates the work of state executors and slows down the execution of court decisions. Therefore, the author summarizes the proposals of state performers and sets them out in the proposed article. In connection with Ukraine’s desire to become a full member of the European Union, the need to study the experience of leading member states in order to implement it in domestic legislation is emphasized.