On the issue of enforcement of court decisions in administrative cases

Abstract

The article states that the real judicial protection of subjective public rights is associated with the execution of a court decision adopted in favor of a private individual. The principle of binding judgments, adopted by administrative courts, requires that the final judicial decision is performed voluntarily or in a forced manner. It was clarified that the final court decisions in administrative cases should be executed – decisions of the court of first instance, decisions of the court of appeals and cassation instances, which became legally binding, on the obligation to pass the act, to act (in particular, to make payments), to abstain from active behavior are also subject to execution of court orders, which obliges the participants of the case and other persons to perform certain actions. Execution of court decisions, which resolved a public legal dispute substantively, is considered as the stage of the trial. Compliance with the administrativecourt decisions does not constitute the final stage of the trial, as only procedural issues of consideration of the case are resolved. t is offered to execute court decisions in administrative cases as acts of execution, refusal from their commission, decision-making by obligated subjects – defendants in the case, plaintiffs or other persons who are authorized to take actions and to accept acts for execution of the final court decision. The circle of subjects of execution of court decisions in administrative affairs is defined. It is analyzed, which of them can execute a court decision voluntarily, without third-party influence, and which obliges the compulsory execution of such decisions. Legislation on enforcement of judicial decisions in administrative cases consists of the Constitution of Ukraine, which contains the principle of binding judgments, the Code of Administrative Legal Proceedings of Ukraine and a number of other