Olashyn V. Judicial control over the execution of court decisions in administrative cases

The thesis is devoted to a comprehensive scientific study of judicial control over the execution of court decisions in administrative cases, as well as to the clarification through a profound analysis of the issues of judicial control over the execution of court decisions in administrative cases, the mechanisms for implementing such a right to protection and the role of the court in this mechanism, and the legislative improvements’ development on the specified issue. At the same time, the work considers the main types of judicial control over the execution of court decisions in administrative cases, analyzes the difficulties in the application of such types of judicial control by the court. Within the course of the thesis, the acquisition and analysis of doctrinal sources, analytical outputs, legislation, and judicial practice materials in the field of judicial control over the execution of court decisions in administrative cases was carried out. First of all, the theoretical and historical grounds of control over the execution of decisions in administrative proceedings in Europe and Ukraine are traced. Next, the main requirements for the exercise of judicial control over the implementation of decisions of administrative courts are formulated. Next, the peculirities of judicial control over certain categories of decisions of administrative courts are elaborated. The content of judicial control over the execution of court decisions and administrative proceedings as a whole is established, analytical data from own practical experience in the field of judicial control over the execution of court decisions in administrative cases are presented, which are considered as obvious positives for this work. In addition, there is an operation with analytical material, the practical side of the peculiarities of the formation and implementation of the strategy for ensuring the execution of court decisions issued in favor of citizens is evaluated. A comparative analysis of amendments to the Code of Administrative Proceedings of Ukraine has been made. Thus, in the wording of the previous the Code of Administrative Proceedings of Ukraine, it is said that the court has the right to oblige the subject of the authority to submit a report on the execution of the court decision. While the current version of the Code of Administrative Proceedings of Ukraine already states that the court can oblige the subject of authority to submit a report on the execution of the court decision. Such changes from "the court has the right" to "the court can" occurred in order to bring the provisions of procedural law to the judicial practice, which was developed during the consideration of the plaintiffs' claims regarding the judicial control over the execution of the court's decision. The consequences of such changes will lead to the fact that the administrative court will not be obliged, yet has only the right to oblige the subject of authority to submit a report on the implementation of the decision in the administrative case.