Redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement

Abstract

The article is focused on studying the topical issue of determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The author of the article has stated that the right to judicial protection includes both holding a judgement and its timely execution. Timely and full execution of a judgement guarantees the realization of subjective rights recognized by the judgement and fulfillment of legal obligations confirmed by it. It has been proved that execution of judgements within civil legal proceeding should be carried out taking into account the European Convention on Human Rights and the European Court of Human Rights case-law. In particular, the ECtHR insists on the great importance of such a property of a judgement that has become final (res judicata), as the possibility and factual enforceability of its actual execution by the state. It has been noted in the paper that the adoption of a number of new legislative acts, which introduced a lot of amendments in the field of executive proceedings, foreground researches focused on levying of execution of judgements from a new angle, in particular, the topical issue on determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The requirements of reasonableness and fairness should be considered while determining the amount of compensation. Non-pecuniary damage is compensated regardless of the pecuniary damage that is subject to compensation and is not related to the amount of this compensation. Non- pecuniary damage is compensated on a once-only basis, unless otherwise stipulated by the contract or law. As a general rule, the infliction of the non- pecuniary damage to another person is the basis for the obligation to redress for the non- pecuniary damage. The obligation to redress for the non-pecuniary damage caused to a person by illegal decisions, action or act of omission of a state authority while exercising its powers arises under the following conditions: existence of non- pecuniary damage; wrongfulness of the person’s behavior who caused non-pecuniary damage; existence of causal relation between wrongfulness of the person’s behavior who caused non-pecuniary damage and its result - non-pecuniary damage. On the basis of the conducted research, the author has concluded that the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement supports the integrity of the legal system by ensuring the execution of judgements and maintaining trust. When judgements are executed with consequences, the authority of the judicial system is undermined and the effectiveness of the legal system is put at stake. The integrity of the legal system is preserved and public confidence in the judicial system is strengthened by upholding the authority of a judgement through the possibility of compensation. It is impossible to bear with non-execution, because it creates a dangerous precedent that undermines the foundation of an honest and fair legal system.