Open AccessThe role of the European Court of Human Rights in ensuring appropriate and effective protection of a fair court in Ukraine
Author(s) -
Nadiya Khrystynchenko
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-4-82-88
Subject(s) - enforcement , seriousness , law , human rights , right to a fair trial , convention , liability , political science , business
The article deals with the study of the practice of the European Court of human rights on liability and control over non-enforcement of court decisions in Ukraine. The study notes the importance of the issue of enforcement of court decisions that have entered into legal force. In particular, it is indicated that such an act falls under the qualification of Article 6 of the convention for the protection of human rights and fundamental freedoms – a violation of the right to a fair trial. The European Court of human rights has repeatedly noted in its decisions the seriousness and scale of this threat to Ukraine. It has been noted that the percentage of enforcement of court decisions has never exceeded 40-45%, and in some years, it has decreased to critical values of 5-10%. The purpose of the article is to analyze the practice of the ECHR on liability and control over non-enforcement of court decisions in Ukraine and provide recommendations for improving this situation. It has been concluded that in Ukraine there is a problem of a persistent recurring nature – excessive length of enforcement or non-enforcement of court decisions, which is a violation of the rights guaranteed by the ECHR to a fair trial and to respect for property. Despite the fact that the ECHR has repeatedly pointed out the execution of a court decision as part of a trial, this position of the ECHR is still not always properly taken into account in Ukraine. Enforcement of a court decision is part of states ' obligations to ensure access to justice under Article 6 of the convention for the protection of human rights and fundamental freedoms. A person who has a court decision against a state or local government body is not required to initiate additional procedures to implement this decision. Unconditional implementation of such a decision should be guaranteed by the state. In order to improve the situation in the area under study, it is advisable to review the current legis-lation that ensures the implementation of court decisions, and continue reforming the civil service. Ap-propriate actions should be carried out in cooperation between the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and other responsible executive authorities. It seems appropriate to create a government commission to improve the work of the state executive service.