Analysis of court practice in the context of holding responsibility for non-enforcement of decisions of the Constitutional Court of Ukraine

Abstract

The article is devoted to the study of judicial practice in the field of prosecution for non-implementation of decisions of the Constitutional Court of Ukraine with the aim of establishing the state of implementation of the decisions of the Constitutional Court of Ukraine.
The key element of the mechanism of execution of decisions of the Constitutional Court of Ukraine is control over their implementation. However, any norms regulating the procedure for the execution of the decisions of the Constitutional Court of Ukraine and the control over their execution are stillborn without establishing responsibility for non-fulfillment of the specified prescriptions.
It is noted that responsibility for failure to comply with decisions of the Constitutional Court of Ukraine is provided for in part 4 of Article 382 of the Criminal Code of Ukraine – for intentional failure by an official to comply with a decision of a body of constitutional jurisdiction. However, the doctrinal sources do not contain a detailed analysis of judicial practice regarding the prosecution of persons on the specified basis, which does not provide an opportunity to determine the real state of implementation of the decisions of the Constitutional Court of Ukraine.
Based on the results of the analysis of the judicial practice, it was concluded that there is only one criminal proceeding, which was the subject of a pre-trial investigation on the grounds of a criminal offense (crime), provided for in part 4 of Article 382 of the Criminal Code of Ukraine.
 It was determined that there is a well-established practice of judges refusing to satisfy a complaint about the investigator’s inactivity due to failure to submit information about a committed criminal offense to the Unified State Register of Court Decisions at the request of a person.