JUDICIAL CONTROL AS A MEANS OF ENSURING THE IMPLEMENTATION OF UKRAINE’S STATE POLICY ON ENFORCEMENT OF COURT DECISIONS AND DECISIONS OF OTHER AUTHORITIES

Abstract

In the article, based on the analysis of current legislation, available scientific, journalistic and methodical sources, including foreign experience, an attempt is made to clarify the content and features of judicial control as a means of ensuring the implementation of the state policy of Ukraine in the field of enforcement of court decisions and decisions of other bodies. Characteristic features of judicial control over compliance with legislation in the field of execution of court decisions and decisions of other bodies are identified, which are: judicial consideration of complaints against decisions, actions, inaction of the executor at the stage of executive proceedings; implementation of control measures not at the initiative of the court, but exclusively within the scope of the procedure for consideration of complaints, petitions of participants in executive proceedings; the presence of an additional method of control (exclusively in the administrative process), namely the demand for a report on the execution of court decisions from the subject of authority, as well as the imposition of a fine in the event that the latter does not take effective actions aimed at such execution; the presence of general (all courts have, regardless of specialization, and they consist in considering complaints against the decisions, actions or inaction of state executives) and special (presuppose certain consequences (both positive and negative) for the subject of authority – the defendant, then as a general method of control implies certain consequences for an official of the state executive service or a body of the state executive service, i.e. the entity entrusted with the duty to ensure the execution of a court decision) methods of judicial control. It has been established that judicial control acts as a guarantee of an impartial assessment of established legal provisions and legal facts, provides an opportunity to legitimately deny unfair or illegal actions and decisions of officials of subjects of power, a significant potential in the field of countering corruption manifestations within the scope of the exercise of the powers of the specified persons.