JUDICIAL CONTROL OF THE IMPLEMENTATION OF COURT DECISIONS AS ONE OF THE MEANS OF ENSURING THE LEGALITY OF PUBLIC ADMINISTRATION BODIES IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 75)Publication Date: 2024-05-31
Authors : Ivanchuk Svitlana;
Page : 13-20
Keywords : judicial control; execution of court decisions; legality; public administration bodies;
Abstract
Introduction. Effective judicial control over the execution of court decisions is one of the important means of ensuring legality in the state, an effective tool of the legal system of any country. It makes it possible to ensure the finality of court decisions, thereby guaranteeing the implementation of the principle of the rule of law. However, court decisions are not always implemented effectively. Quite often obstacles arise in the process of execution of court decisions, which is connected with factors of an objective and subjective nature. Bad faith behavior of the parties is a significant obstacle to the proper execution of such decisions. They can evade the execution of court decisions or artificially delay the execution process. It is time to form an effective system of control over the execution of court decisions, increase responsibility for their non-execution. The introduction of modern technical means that will serve to digitize the processes of execution of court decisions is especially relevant, which will make their implementation more transparent. Purpose. The purpose of the study is a scientific analysis of the problem of judicial control over the execution of court decisions in the context of strengthening the stability of the legal system of the state. Materials and methods. The study of the problem of judicial control over the execution of court decisions is based on the results of a scientific analysis of this problem by domestic scientists, normative legal acts, an empirical base covering court decisions of various levels and court statistics. Philosophical, general scientific and special methods of scientific knowledge were tested in the study, including analysis, synthesis, deduction, induction, structural-functional, formal-legal, classification method and others. Results. The article is devoted to the study of judicial control over the execution of court decisions as one of the important means of ensuring the legality of the functioning of public administration bodies in Ukraine. The article analyzes the issue of judicial control in the aspect of the state guaranteeing the rights and freedoms of a person and a citizen, in particular the right to judicial protection and one of the important guarantees, the right to a fair trial. In the course of the research, the essence and features of the process of judicial control were analyzed, its importance in ensuring legal stability and legality was determined, and the legal status of judicial bodies as subjects of ensuring legality, protecting the rights and legitimate interests of citizens was investigated. Particular attention is devoted to the definition of the constituent elements of this status, its characteristic features. Considering the process of judicial control, the legal regulation of judicial control over the execution of court decisions in Ukraine has been analyzed, the competence of judicial bodies regarding its implementation has been characterized, the correlation of the exercise of powers to exercise this type of judicial control with the performance of the function of justice, the role of the court in resolving disputes between public administration bodies in the researched area, the legislative acts regulating this process in Ukraine were studied, recommendations were given regarding the possible improvement of judicial control mechanisms in order to increase the effectiveness of ensuring legality in the field of public administration. Discussion. Reasoned judgments generated as a result of scientific research will help to avoid mistakes in the law enforcement practice of judges, to ensure a deep understanding of the problem of judicial control over the execution of court decisions in Ukraine, ways to overcome it, to increase the effectiveness of judicial protection of the rights and legitimate interests of citizens by judicial bodies in general.
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Last modified: 2024-12-17 21:54:56