Keywords: administrative process, economic process, enforcement proceedings, effective execution of court decisions, judicial control


Legal remedy of human and civil rights and freedoms is the form of public protection. That is, the state undertakes the defence or reform of our rights in accordance with Art. 55 of the Constitution. The right to judicial protection also provides for specific guarantees recognized by law, effective restoration of rights, if any have been violated, through the administration of justice. Judicial control is considered to be one of the most effective means of influencing the running state of execution of court rulings; in Ukraine, it is carried out in accordance with the procedure established by the Civil Procedure Code of Ukraine, the Economic Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine, and the Law of Ukraine "On Enforcement Proceedings". The norms providing for the adjudication of disputes, particularly on the restoration of the violated right, should not contradict the principle of equality of all in the eyes of the law and on the stand and, in respect thereof, limit the right to judicial protection. Execution of the court rulings is the responsibility of the state, which should ensure effective systems for the execution of court rulings and the functioning of the given systems in such a way that everyone has a binding judgment has access to them. It must be noted that the amendments to the Constitution on the justice of 2016, namely the supplement of the Basic Law of Art. 129-1 led to the emergence of new approaches to the mechanism of implementation of the principle of binding execution of a court ruling. According to the given article, the court ruling is binding, and the court exercises control over the execution of the court ruling. Therefore, judicial control is actually becoming another form of the exercise of judicial power, aside from exercising the function of justice. The provision of the Constitution in question is reflected in Part 3 of Art. 13 of the Law of Ukraine, "On the Judicial System and the Status of Judges", whereby control over the execution of a court ruling is exercised by the court within the powers granted to it by law. At the same time, the principle of judicial control established by the Constitution has not been properly developed in practice due to the lack of procedural mechanisms for exercising such control clearly spelt out by the legislator. This is especially true of the sphere of economic, judicial proceedings.

How to Cite
Іванцова, А. В. (2021). ОСОБЛИВОСТІ ВИКОНАННЯ СУДОВИХ РІШЕНЬ В АДМІНІСТРАТИВНИХ ТА ГОСПОДАРСЬКИХ СУДАХ. Scientific Notes of Lviv University of Business and Law, 28, 327-332. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/435