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
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