PECULIARITIES OF THE PROCEDURE FOR THE EXECUTION OF ECHR DECISIONS ON JUST SATISFACTION

Abstract

The article examines the national legislation of Ukraine and international legal acts on the implementation of the final decision of the European Court of Human Rights. Specifics of the executive procedure regarding just satisfaction are defined. The principles of finality and nonappealability – the main characteristics of the decisions of the European judicial institution – are disclosed. Emphasis is placed on the fact that in order to implement the process of execution of ECHR decisions, it is necessary to have a final decision of the Court, which has the procedural status of an executive document and to apply for its execution regarding the payment of just satisfaction. The legislative norms regulating the issue of executive proceedings in the execution of decisions of the ECHR have been analyzed. Examples of the decisions of the European Court of Human Rights, the Constitutional Court of Ukraine and international practice on the implementation of the decisions of the European Court are given. The phasing of the executive procedure is outlined, which consists in: 1) preparation for the execution of the final decision of the ECHR; 2) fulfillment of its resolutive part regarding the payment of compensation (just satisfaction); 3) completion of the actual implementation of this decision by the bodies of the state executive service. Attention is drawn to the stage of execution of the resolutive part of the decision, which is central in the entire executive process, and only at which the peculiarity of executive proceedings in the execution of decisions of the ECHR in cases against Ukraine is highlighted. It was concluded that a characteristic feature of the executive procedure of ECHR decisions is a special procedure for their execution, and the timely and full payment of just satisfaction to the creditor depends on the proper observance of the stages of this process.