Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial
The article addresses the Ukrainian model of executive proceedings (which was recently updated as a result of constitutional reform in the justice sector) through the prism of the right to a fair trial, guaranteed by paragraph 1 of Art. 6 ECHR. Particular attention is paid to the analysis of the pil...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Yaroslav Mudryi National Law University
2018-10-01
|
| Series: | Проблеми Законності |
| Subjects: | |
| Online Access: | http://plaw.nlu.edu.ua/article/view/141440 |
| _version_ | 1811268531774291968 |
|---|---|
| author | Татьяна Андреевна Цувина |
| author_facet | Татьяна Андреевна Цувина |
| author_sort | Татьяна Андреевна Цувина |
| collection | DOAJ |
| description | The article addresses the Ukrainian model of executive proceedings (which was recently updated as a result of constitutional reform in the justice sector) through the prism of the right to a fair trial, guaranteed by paragraph 1 of Art. 6 ECHR. Particular attention is paid to the analysis of the pilot judgement of ECtHR «Yuriy Nikolaevich Ivanov v. Ukraine» and the judgement «Burmych v. Ukraine», in which the ECtHR diagnosed a systemic problem of non-enforcement of court decisions where the debtor is the State or state-owned enterprises. The article critically assesses the main consequences of reforming the system and procedures of enforcement of court decisions, in particular: establishing the profession of private bailiffs and transforming the public model of enforcement proceedings into the mixed one, its further decentralization; digitalization of enforcement proceedings by setting up an automated electronic system of executive proceedings, a unified register of debtors and electronic auction systems; introduction of obligatory prepayment of bailiff’s fees by creditor, etc. The article advocates a position according to which the national legislation of Ukraine needs further changes to ensure fulfillment of its international obligations. In particular, it is necessary to provide at national level an effective remedy of the right to a fair trial and execution of court decisions within a reasonable time in accordance with the requirements of Art. 13 ECHR, which should combine preventive and compensatory elements. |
| first_indexed | 2024-04-12T21:23:49Z |
| format | Article |
| id | doaj.art-950123b925ba4462bdc453e5c8ac3665 |
| institution | Directory Open Access Journal |
| issn | 2224-9281 2414-990X |
| language | English |
| last_indexed | 2024-04-12T21:23:49Z |
| publishDate | 2018-10-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Проблеми Законності |
| spelling | doaj.art-950123b925ba4462bdc453e5c8ac36652022-12-22T03:16:13ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2018-10-010142557610.21564/2414-990x.142.141440141440Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trialТатьяна Андреевна Цувина0Yaroslav Mudryi National Law UniversityThe article addresses the Ukrainian model of executive proceedings (which was recently updated as a result of constitutional reform in the justice sector) through the prism of the right to a fair trial, guaranteed by paragraph 1 of Art. 6 ECHR. Particular attention is paid to the analysis of the pilot judgement of ECtHR «Yuriy Nikolaevich Ivanov v. Ukraine» and the judgement «Burmych v. Ukraine», in which the ECtHR diagnosed a systemic problem of non-enforcement of court decisions where the debtor is the State or state-owned enterprises. The article critically assesses the main consequences of reforming the system and procedures of enforcement of court decisions, in particular: establishing the profession of private bailiffs and transforming the public model of enforcement proceedings into the mixed one, its further decentralization; digitalization of enforcement proceedings by setting up an automated electronic system of executive proceedings, a unified register of debtors and electronic auction systems; introduction of obligatory prepayment of bailiff’s fees by creditor, etc. The article advocates a position according to which the national legislation of Ukraine needs further changes to ensure fulfillment of its international obligations. In particular, it is necessary to provide at national level an effective remedy of the right to a fair trial and execution of court decisions within a reasonable time in accordance with the requirements of Art. 13 ECHR, which should combine preventive and compensatory elements.http://plaw.nlu.edu.ua/article/view/141440right to a fair trial, execution of court decisions, enforcement proceedings, model of enforcement proceedings, bailiffs, private bailiffs, reasonable time of a trial, effective remedies |
| spellingShingle | Татьяна Андреевна Цувина Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial Проблеми Законності right to a fair trial, execution of court decisions, enforcement proceedings, model of enforcement proceedings, bailiffs, private bailiffs, reasonable time of a trial, effective remedies |
| title | Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial |
| title_full | Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial |
| title_fullStr | Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial |
| title_full_unstemmed | Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial |
| title_short | Execution of court decisions in Ukraine: reforming the system in terms of the right to a fair trial |
| title_sort | execution of court decisions in ukraine reforming the system in terms of the right to a fair trial |
| topic | right to a fair trial, execution of court decisions, enforcement proceedings, model of enforcement proceedings, bailiffs, private bailiffs, reasonable time of a trial, effective remedies |
| url | http://plaw.nlu.edu.ua/article/view/141440 |
| work_keys_str_mv | AT tatʹânaandreevnacuvina executionofcourtdecisionsinukrainereformingthesystemintermsoftherighttoafairtrial |