COMPENSATORY MECHANISM AS A MEANS OF PROTECTING THE RIGHT TO ENFORCE A JUDICIAL DECISION IN ADMINISTRATIVE MATTERS
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The reasonableness of the timing of execution of court decisions, including those adopted as a result of the consideration of administrative cases is an important element in the effective protection of the rights of private individuals. The article describes the positions of the European Court of Human Rights on the need to introduce compensatory mechanisms that would be applied by the states in case of violation of reasonable time limits for enforcement of judgments, including in cases of administrative jurisdiction. The experience of the states that introduced legal mechanisms of compensation in cases of violation of the reasonableness of execution of court decisions has been analyzed. It is stated that borrowing from the experience of other states in the effective functioning of the mechanism of compensation for a person for violation of reasonable time of execution of court decisions, including in administrative cases, in particular, through a court decision and administrative procedure, will promote the protection of the rights of individuals from excessively long execution of court decisions sub powers of authority, and compensation of damage to a particular official who is guilty of such an offense will promote discipline in the field of public administration and serve as a reliable means of preventing further.
Authors and Affiliations
А. С. Зеленов
Keywords
Related Articles
- EP ID EP639040
- DOI -
- Views 74
- Downloads 0
ON REFORMING THE JUDICIAL SYSTEM IN UKRAINE
The purpose of the article was to identify the main directions of improving the justice in Ukraine because of the requirements of international protecting the rights and interests of people standards, including a major –...
ABOUT THE PRINCIPLES OF LEGAL REGULATION OF INSURANCE OF AGRICULTURAL PRODUCTS WITH STATE SUPPORT IN UKRAINE
In implementing the regulation of certain social relations with its important principles are the fundamental principles underlying the statutory regulation. Principles of legal regulation not only determine the general d...
REGIONAL INSTITUTIONAL MECHANISM OF COOPERATION IN PREVENTION OF CRIMES IN EU: INTERNATIONAL LEGAL ANALYSIS
The article is devoted to the peculiarities of the creation within the EU of an institutional mechanism for cooperation in combating crime. International cooperation in the fight against crime demonstrates a tendency to...
EXEMPTION FROM CRIMINAL LIABILITY CORRUPTION CRIMES SUBJECTS: CRIMINAL LAW AND CRIMINAL PROCEDURAL CHARACTERISTICS
Exemption from criminal liability of subjects of corruption crimes is addressed in article using a cognitive tool «characteristic of the phenomenon». Criminally-legal characteristic of liberation – is a system of its ess...
PROBLEMATIC ISSUES OF ADMINISTRATIVE PROCEDURE RECORDING
According the Constitution of Ukraine the rights and freedoms of human and citizen are protected under the corresponding forms of action by the courts of administrative, economic, constitutional, criminal and civil justi...