Criminal liability for failure to execute court decisions regarding pension payments

Abstract

The article provides a comprehensive analysis of the problem of non-enforcement of court decisions in the field of pension provision in Ukraine through the prism of criminal law regulation. The study examines the legal framework governing the binding nature of court decisions established at the legislative level and analyzes the practical aspects of their implementation. Particular attention is paid to the influence of subordinate normative legal acts, in particular acts of the Cabinet of Ministers of Ukraine, on the actual postponement of the enforcement of court decisions concerning pension payments. It is established that the introduced mechanisms for financing pension payments assigned or recalculated pursuant to court decisions make their execution dependent on budget appropriations, which contradicts the principle of the rule of law and undermines the binding nature of court decisions.
The provisions of Article 382 of the Criminal Code of Ukraine, which establishes liability for the intentional non-enforcement of a court decision, are analyzed, and the reasons for its limited effectiveness in cases related to non-payment of pensions are clarified. In particular, established judicial practice recognizes the absence of budget financing as a circumstance excluding the corpus delicti of a criminal offense, which makes it impossible to hold officials liable. At the same time, the position of the European Court of Human Rights is presented, according to which the state cannot rely on a lack of funds as grounds for non-enforcement of court decisions.
Special attention is also paid to the role of budget planning in the formation of debt arising from court decisions, and it is proved that the existing financing model does not ensure the priority of fulfilling the state’s obligations. Based on the results of the study, the author proposes directions for improving legislation, in particular with regard to ensuring proper financing of pension payments under court decisions, eliminating the possibility of postponing their execution, and increasing the effectiveness of criminal law guarantees for the enforcement of court decisions. The article concludes that a comprehensive approach is necessary to resolve the problem, including amendments to pension, budgetary, and criminal legislation in order to ensure effective protection of citizens’ rights.