The dissertation is devoted to the definition of procedural and legal bases of execution of court decisions in administrative cases, as well as to the development of proposals for improving the legislation in the relevant field.
It is proposed to consider the concept of «execution of a court decision in administrative cases» in two aspects – in substantive and procedural.
It is established that in the substantive aspect of the execution of a court decision in administrative proceedings – is an integral part of the right of a person who appealed to the administrative court to protect violated rights and legally protected interests in public relations, judicial protection and a fair trial, which is expressed in the fact that the final court decision, which completed the administrative case or resolved procedural issues and which has entered into force, will be implemented in a timely manner, in full and in the manner specified in the operative part of such a decision.
In the procedural aspect, the execution of court decisions should be understood as the implementation by the subject to whom the court decision imposes the relevant obligations, the instructions of the operative part of the court decision, which may be expressed in the commission of such actions by such subject.
The following features of the order of execution of court decisions in some categories of administrative cases are revealed: 1) in cases in which the debtor is a collegial subject of public administration: the way of execution of such decisions is, as a rule, acceptance of the concrete decision or performance of certain action, execution of such a decision in a compulsory manner is possible only by inducing the executor or the court by means of procedural means and means of coercion (fine) of the relevant subject to execute the court decision; 2) in cases of recovery of funds from budgets: the state executor is deprived of the opportunity to write off funds on executive documents, as recovery of funds from the state budget is entrusted directly to the State Treasury Service of Ukraine in accordance with the procedure for receipt of executive documents.
It is proposed to apply the following experience of some foreign states in order to improve the national mechanism for ensuring full and timely execution of court decisions of administrative courts: 1) introduction of the institution of collective liability for non-execution of a court decision, if such execution is entrusted to a collegial body (France); 2) consolidation of the judge's right to appoint a special responsible entity for the execution of a court decision (Italy); 3) introduction of the institute of bringing executors to justice for improper, untimely execution of a court decision (Lithuania); 4) detailed regulation of procedures for enforcement of court decisions in administrative cases adopted in respect of budgetary institutions, legal entities under public law, etc. (Georgia); 5) fixing the term of voluntary execution of a court decision in the procedural code and establishing judicial control over the execution of all court decisions with the possibility of imposing a sanction for non-execution of such on a voluntary basis within the period established by the code (Kazakhstan).
It is proposed in order to improve the institution of execution of court decisions in administrative proceedings: 1) to supplement the provisions of the Law of Ukraine «On Enforcement Proceedings» with an article fixing the powers of the court (judge) in enforcement proceedings, namely: judicial control over execution of court decisions on appeals against decisions, actions or omissions of a public or private executor, etc.; 2) increase the amount of financing of state expenditures for the execution of court decisions in which the state is a debtor, in particular, by finding additional sources from which a special fund will be formed in the State Budget of Ukraine to cover state debts to citizens arising from court decisions; 3) in Art. 264 CAS of Ukraine to set a specific deadline for publication of the operative part of the decision and to establish mandatory involvement of the Ministry of Justice of Ukraine (if the relevant act is subject to state registration), as well as relevant ministries and agencies that are the main developers of the act; 4) determine the procedure for execution of court decisions by local governments and their officials by making appropriate amendments to Art. 77 of the Law of Ukraine «On Local Self-Government in Ukraine» and development taking into account the provisions of the BC of Ukraine of the Standard Procedure for execution of court decisions, the debtor of which is local government, on the basis of which relevant local councils will develop their own procedure, etc.
