SYSTEMIC PROBLEMS REGARDING THE DURATION OF EXECUTION OF JUDGMENTS IN UKRAINE. EUROPEAN ASSESSMENTS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
In this paper, we study the problems associated with the late execution of judicial decisions in Ukraine. Detailed analysis of the European assessment of systemic violations in this area. Specific decisions of the European Court of Human Rights are given, which establish the shortcomings of the national legal system. Recommendations are given to improve the legal activities in this direction. By the rule of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, any person has the right to receive a timely hearing of his case by an impartial and democratic court. According to the convention, the cases must be considered within a reasonable time. At the same time, according to the position of the European Court of Human Rights, which is intended to interpret in practice and thus to apply the requirements of the Convention in such a manner, a reasonable time also includes the period of execution of the final decision. In other words, for civil cases, the length of the hearing covers the period from the initiation of a court proceeding to the end of the execution of the final verdict. Execution of a decision is an obligatory part of court proceedings. Failure to comply with final court decisions has now become a systemic problem for the national legal system. This problem has already reached a grand scale and is steadily increasing. It is more and more obviously realized by the progressive part of society as a real threat to a fair trial and, in general, the rule of law. To overcome chronic deficiencies in this area, the Ukrainian authorities should not wait for many years on the recommendations of the Committee of Ministers of the Council of Europe and immediately implement the necessary legislative action. It is about abolishing all sorts of a moratorium on the realization of property. Also, a normative rule should be clearly established that enforcement of court decisions that came into force before the start of the bankruptcy proceedings of an enterprise are mandatory for execution in the general order and cannot be stopped. National legislation should provide for personal responsibility of executive service officers for any unlawful acts or omissions that lead to an unjustified delay in the execution of final verdicts of the court.
Authors and Affiliations
П. Д. Гуйван
Keywords
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