JUDICIAL CONTROL OF ENFORCEMENT OF DECISIONS IN ACTION PROCEEDINGS IN CIVIL PROCEEDINGS IN UKRAINE

Abstract

The article is devoted to the issue of judicial control over the execution of decisions in civil litigation of Ukraine. The proper functioning of the institution of judicial control in civil litigation is one of the priorities in the aspect of ensuring the rule of law and protection of human rights and freedoms in Ukraine. After all, despite the fact that judicial control has not gained a significant spread in civil proceedings, its effectiveness regarding the execution of decisions in cases of legal proceedings is indisputable. However, the domestic legislator in the current civil procedural legislation of Ukraine does not pay due attention to the legal regulation of judicial control over the execution of decisions in civil litigation proceedings of Ukraine today is marked by imperfection. Since the current codification of civil procedural legislation determines only the general basis of exercising judicial control over the execution of court decisions, without distinguishing any specifics depending on the type of proceedings. Thus, the issue of implementing reporting on the execution of a court decision is still unresolved, which will significantly contribute to the improvement of judicial control over the execution of court decisions in civil proceedings, and will also allow to reduce the number of cases when the court decision remains unexecuted. The Draft Law on Amendments to Certain Legislative Acts of Ukraine on the Improvement of Judicial Control over the Execution of Court Decisions in Economic and Civil Proceedings No. 7042 of February 11, 2022, which is currently registered in the Parliament, will help solve this legislative gap, which proposes to supplement the Civil Procedure Code of Ukraine with provisions that empower the court to oblige the debtor to submit to the court a report on the execution of the court decision. Taking into account the legally enshrined principle of adversariality of the parties, it is proposed that the debt collector and the state/private executor may initiate consideration of the said issue before the court. At the same time, it will be possible to apply to the court with a corresponding application in case of non-compliance by the debtor without valid reasons and on the condition that at least thirty calendar days have passed since the opening of enforcement proceedings. At the same time, the specified draft law needs preliminary revision.