EXECUTION OF JUDGEMENT AS A FINAL STAGE OF ADMINISTRATIVE CASE PROCESSING

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EXECUTION OF JUDGEMENT AS A FINAL STAGE OF ADMINISTRATIVE CASE PROCESSING

Journal Title: Економічна теорія та право - Year 2016, Vol 3, Issue 26

Abstract

Problem setting. The necessity of providing effectiveness of achieving the main goal of administrative proceedings – providing judicial protection of rights, liberties, and legal interests of individuals and legal entities – stipulates the topicality of researches of normative, institutional, and procedure aspects of execution of administrative court judgements. Such researches focus on theoretical scientific papers in the field of administrative law (particularly, a place of execution of administrative court decisions) as well as theoretical and applied examination (for instance, normative and legal regulation of a procedure of execution of administrative court decisions). The presented article is one of the mentioned papers. Recent research and publication analysis. A matter of execution of judgement as an institution of law, law enforcement, and a procedure have been over and over again considered by domestic scientists. In terms of civil and economic processes, V. V. Barankova, O. V. Hetmantsev, V. V. Komarov, M. Ye. Shtefan, etc. have dedicated their papers to this problem. Researchers such as V. V. Zui, Ye. F. Demskyi, I. B. Koliushko, V. K. Kolpakova, O. V. Konstantyi, R. O. Kuibida, N. B. Pysarenko, V. B. Rusanova, etc. have taken notice of problems of execution of administrative court decisions. At the same time, the mentioned scientists consider the institution of execution of administrative court decisions superficially and in the context of other problems or as a component of more general matters. Paper objective. The article is aimed at analysis of doctrinal approaches to understanding the sense of execution of administrative case judgements with the regard for statements of the legislation and court practice, formulation of own perception of the latter, determination of legal nature execution of administrative case judgements as a procedure and a set of norms regulating this procedure. Paper main body. The article presents the main scientific approaches to determination of the role of a procedure of execution of judgements during corresponding (civil, administrative, economic, etc.) legal processing. The author agrees that execution of judgements is a precisely final stage of administrative proceedings. The article indicates that this approach conforms to logics of the Code of Administrative Procedures of Ukraine, the practice of the Supreme Administrative Court of Ukraine, and case law of the European Court of Human Rights. The author pays attention to the correlation of concepts «execution of judgement» and «enforcement proceeding». The author emphasizes that execution of judgement is always related to specificity of a court administrative process, its purpose and goals, and previous stages of court processing. Taking into account theoretical and legal understanding the institution of law as a component of the system of law (uniformity of a regulated subject, autonomy, formal distinctness in legislative acts, and specificity of regulation principles, concepts, and juridical constructions), the author proves that norms regulating execution of administrative case judgements are characterized as the institution of administrative process law. Conclusion of the research. The approaches to understanding nature of execution of administrative case judgements considered in this article are aimed at formation of the theoretical basis for research of this institution of law. Defining execution of judgements as a final stage of a court process enables to examine this procedure in the context of other stages of a court administrative process, taking into consideration specificity of the latter at the execution stage, and development of an entire notion on authorities and processual actions of the administrative court at this stage. All these aspect may be subjects to further research. Short Abstract for an article Аbstract. The article researches the sense and nature of execution of administrative case judgements. The latter is considered as a final stage of an administrative court process. Having analyzed features being inherent to the institution of law as a component of the system of law, the author characterizes norms, which regulate execution of judgements, as an institution of administrative process law.

Authors and Affiliations

А. С. Зеленов

Keywords

EP ID EP180144
DOI -
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