The dissertation is devoted to research of the theoretical foundations and procedure
for the enforcement of court rulings in civil cases, forms and methods of court facilitation
in the process of practical enforcement of court decisions.
Ensuring that the state enforces a court decision in accordance with the procedure
established by law (part 2 of Article 1291 of the Constitution of Ukraine) is an indicator of
practical satisfaction of the person who appeals to court to effectively protect violated,
unrecognised or disputed rights, freedoms or interests through impartial and timely
consideration and resolution of civil cases (Article 2 of the Civil Procedure Code of
Ukraine).
This is implemented by means of creating of appropriate national procedural and
organisational and legal mechanisms, including a system of agencies and persons engaged
in the enforcement of court decisions.
Problems often arise in the process of court protection realization and obtaining a
binding court decision (part 1 of Article 1291 of the Constitution of Ukraine). It complicates
both the process of civil proceeding and delays the judgement on the merits of the case.
Such problems, although considered related, can usually interfere with the
proceedings (e.g. the need to provide evidence, forensic psychiatric examination, witnesses,
the need to investigate the use of violence and take the necessary measures to ensure the
safety of a person in accordance with the law, etc.), and therefore must be resolved by the
court during the main consideration of the civil case by issuing court decisions on procedural
issues - court rulings. Court rulings are issued on procedural issues related to the
administration of justice in a case, are the most common types of court decisions, and,
according to part 1 of Article 1291 of the Constitution of Ukraine, are also binding as a type
of court decision. The timely execution of court rulings affects the completeness,
comprehensiveness, efficiency and objectivity of the trial and the restoration of the violated
rights of individuals and legal entities.
The current problems of access to justice in wartime, the consequences of the justice
in a pandemic, and other challenges in the judicial system raise the problem of non-
enforcement of court rulings to a high level, which requires the use of an enforcement
mechanism in this process. This procedure often involves not only public and private
executives, but also other institutions that are charged with taking measures to ensure the
enforcement of a court decision. This complicates the process of enforcing court rulings and
ensuring judicial control over the enforcement of court decisions.
A wide range of conceptual and practical issues related to the enforcement of court
rulings in civil cases still remain unsolved. This creates the risk of practical impossibility of
timely and complete civil proceedings and judgements by an unbiased court. In addition, if
this problem stays unresolved, it may negate the constitutional guarantees of right protection
by courts and the binding nature of court decisions, which will not only diminish the
importance of the Basic Law of Ukraine, but also devalue the authority of the judiciary due
to the loss of public trust in it. The lack of a comprehensive understanding of the theoretical
and practical issues of enforcement of judgments in civil cases requires an independent
scientific study, taking into account the author's professional judicial experience, which
determines the relevance of the chosen research theme.
The dissertation consists of three chapters divided into ten subchapters. The paper
focuses on the theoretical foundations of the court rulings enforcement in civil cases,
provides a definition of the concept, classification of court rulings, and historical
retrospective of their enforcement, and presents the author's own approaches to optimisation
and legislative regulation of the procedure for enforcement of court rulings in civil cases.
The object of the study is civil procedural legal relations arising in the course of court
rulings enforcement in civil cases. The subject of the study is the enforcement of court
rulings in civil cases.
