Novelties of judicial control over the enforcement of court decisions in civil proceedings

The article analyses the issues of judicial control over the enforcement of court decisions in civil proceedings in Ukraine. The proper functioning of the institution of judicial control in civil proceedings is one of the priorities in terms of ensuring the rule of law and protecting human rights and freedoms in Ukraine. The author draws attention to the novelties in the current procedural legislation that regulate this issue. Firstly, from now on, in non-property civil disputes, the court may, at the request of the claimant, oblige the debtor to provide a report on the enforcement of the court decision; secondly, in case of non-enforcement of the court decision, the debtor (or his manager) may be fined; thirdly, the procedure for filing complaints against the actions of state and private enforcement officers has been clarified. Based on an analysis of the positions of domestic scholars and scientists, the author concludes that some provisions of the updated procedural legislation regarding judicial control over the enforcement of decisions in civil proceedings in Ukraine need further improvement. The article reveals the features of judicial control, highlights its functions (ensuring, supervisory, preventive) and types, and substantiates its essence and significance. The work emphasises the direct role of the court in the enforcement of court decisions. It highlights the court’s participation in considering applications from the claimant, the executor, and the parties to the case on procedural issues, as well as in considering complaints from the parties to the enforcement proceedings. Attention is drawn to the administrative form of protecting the violated rights of the claimant and other participants in enforcement proceedings (except for the debtor). However, emphasis is placed on the effectiveness of judicial control, which directly affects the implementation of the constitutional principle of the obligatory nature of court decisions. It is concluded that judicial control over the enforcement of court decisions in civil proceedings is not only the final stage of judicial protection, but also an important means of ensuring the effectiveness of justice, which should be aimed at ensuring the real, full, and timely enforcement of court decisions as a key condition for the functioning of the rule of law.