Judicial Control over the Implementation of Court Decisions in the Administrative Judiciary of Ukraine: Problems and Directions for Improvement

Abstract

The article is devoted to the current problematic issues of judicial control over the execution of court decisions in the administrative justice of Ukraine and its effectiveness. The article examines the current state and prospects for the development of judicial control over the execution of court decisions in the administrative justice of Ukraine, analyzes the current legislation and the practice of its application. It is emphasized that the real and timely execution of a court decision is an integral part of the right to judicial protection and the final stage of administrative justice, without which justice loses its practical meaning. The key reasons for the low effectiveness of judicial control are identified, including the dispositive nature of the relevant powers of the court, the lack of clear criteria for evaluating reports on the implementation of court decisions, the formalism of such reports, the limited effectiveness of penalties, as well as financial and organizational factors of the implementation of decisions. The current control mechanism is analyzed through the prism of the articles of the Constitution of Ukraine, the Code of Administrative Рrocedure of Ukraine and other acts. Particular attention is paid to the amendments to the law of 2024, which introduced penalties for heads of government entities, members of a collegial body and the mandatory establishment of judicial control in the operative part of the decision.
As a result of the study, areas of improvement were proposed aimed at increasing the practical effectiveness of judicial control over the execution of court decisions, eliminating formalism and ensuring the real execution of court decisions in administrative proceedings as the final stage of judicial protection. Proposals and recommendations have been formulated to increase the effectiveness of judicial control over the execution of court decisions, to ensure the real restoration of violated rights and interests of private individuals, namely: on the need to improve the mechanism for assessing the execution of a court decision (through amendments and additions to the CAР of Ukraine regarding the clarification of the requirements for the content of the execution report; regarding the obligation of the subject of authority to confirm the execution of the court decision not only with explanations, but also with proper evidence of actual actions, registers of payments made, acts of decisions made, etc.), which will eliminate the imitation of the execution of court decisions; to discipline subjects of authority through personal participation, etc.