ON THE ISSUE OF THE RELEVANCE OF JUDICIAL CONTROL AS A CIVIL PROCEDURAL GUARANTEE

Abstract

The article analyzes scientific views on the essence of judicial control over the execution of court decisions and its importance in ensuring the fulfillment of the tasks of civil justice, and also formulates the author’s proposals for updating this institution in order to improve its effectiveness as a procedural guarantee of the right of an individual to effective judicial protection. The authors attempted to draw attention to the need to bring lower hierarchical level legislation regarding the organization of judicial control into line with the requirements of the Constitution. It is noted that in order to guarantee the strictness and bindingness of the execution of the court decision rendered in the case, the content of judicial control, both in form and in essence, must be fully consistent with the content of Article 1291 of the Constitution of Ukraine, which is currently still not observed, since, together with judicial control, there is also departmental control, which is carried out by the Ministry of Justice. The authors also found reasons to support the idea that judicial control is inseparable from justice, since it is not an independent function of the judiciary and does not perform a task different from justice. At the same time, the authors emphasize that, taking into account the provisions of Article 124 of the Constitution of Ukraine, control over the execution of a court decision of any kind and in any form must be carried out only by the bodies of the justice system. Any interference in the process of executing a court decision, other than judicial control, will be arbitrary and will create a potential threat to the implementation of the principle of the rule of law. It is stated that in conditions where the resolution of civil disputes and the execution of decisions made as a result of them are unnaturally divided between bodies belonging to different branches of state power, it is difficult to talk about effective control over the execution of court decisions. Judicial control, by its nature, cannot be episodic. In conclusion, the article draws attention to the fact that the existence of a constitutionally enshrined principle of judicial control over the execution of a court decision makes the idea of concentrating the powers of the administration of justice, the execution of court decisions and the control over such execution in the system of justice bodies reasonable and justified. In this regard, the authors reproduce the proposal to resubordinate the bodies of enforcement of court decisions to the State Judicial Administration of Ukraine, as a body in the justice system.