УДК 347

DOI 10.37749/2308-9636-2023-8(248)-1

Hetmantsev M. O.

In the article, the author investigated the content and features of the legislative consolidation of the main provisions of judicial control over the execution of court decisions in the Civil Procedure Code of Ukraine, the Economic Procedure Code of Ukraine, and the Code of Administrative Procedure. It was emphasized that the execution of court decisions is one of the main components of the legal system of any country, and its importance is becoming saturated, especially in modern Ukraine. Judicial control over the execution of decisions becomes especially important in conditions of conflict and war, when society needs reliability and protection of its rights and interests. First, the importance of the execution of court decisions is that it provides real protection of the rights and freedoms of citizens. Ukraine, as a country rich in historical trials, especially understands this importance, since the independence and rights of citizens have been under threat for a long time. Enforcement of court decisions creates a certain foundation for law and order and legal stability, giving citizens confidence that their rights will be protected. Secondly, the conditions of the war in Ukraine led to an extraordinary increase in the number of court cases related to the conflict. This put the system of judicial control and execution of decisions under great pressure. In such conditions, the importance of effective judicial control and enforcement of decisions is even more evident, as it affects the peaceful resolution of the conflict, the provision of justice, and reconstruction after the destruction of war. Thirdly, judicial control over the execution of decisions is a key aspect of trust in the justice system in Ukraine. The conditions of war demand maximum efficiency from the state in ensuring law and order. Accountability before the court and the possibility of proper execution of decisions create faith in the justice of the system and support the legitimacy of the authorities. Therefore, the execution of court decisions in Ukraine is an important aspect of ensuring the rights and freedoms of citizens, resolving the conflict, and preserving the legitimacy of the state in conditions of war. The system of judicial control and execution of decisions plays a decisive role in strengthening the legal space and ensuring stability in the country. Thus, summarizing all of the above, we can conclude that at the current stage, judicial control over the execution of court decisions is a multifunctional system associated with various judicial and procedural legal problems. It is important that the judicial authorities are able to implement this type of procedural activity in practice only by the direct administration of justice – during the consideration and resolution of disputed (civil, economic or administrative, etc.) issues referred to the jurisdiction of different courts, because in any other way the judicial power is deprived of the opportunity to control the lawful activities of subjects of relevant legal relations. The lack of a single theoretical basis in determining the essence of judicial control over the execution of court decisions objectively manifests itself in the fact that in certain branches of procedural science, an almost unproven thesis has already been expressed that judicial control in certain cases acts as a principle of appropriate judicial proceedings. At the same time, there are no grounds for equating the court’s procedural activity of exercising judicial control over the execution of court decisions with the actual administration of justice. We share the point of view of those scientists who define judicial control over the execution of court decisions as an independent procedural function, which has a corresponding nature and is carried out exclusively “in response” to the voluntary, proactive actions of the participants in the relevant court proceedings.

Keywords: resolution, court decision, civil proceedings, civil case, executive proceedings, enforcement, court.


  1. Kropyvna K. O. Judicial control as a means of ensuring effective execution of court decisions. Bulletin of NTUU «KPI». Politology. Sociology. Right. Vol. 3/4 (31-32). 2016. Pр. 177—182.
  2. Makarov M.A. Judicial control in the criminal process: theoretical and legal foundations: dissertation… doc. Philology and Doctor of Law. n.: 12.00.09 «Criminal process and criminology; forensic examination; operational and search activity». Kyiv, 2020, 495 p.
  3. Podlubna O. V. Judicial control over the execution of court decisions. Development of statehood and law in Ukraine: current realities: materials of the International Scientific and Practical Conference (Odesa, August 13-14, 2011). Odesa: in 2 h. Odesa: NGO «Black Sea Law Foundation», 2011. Part II. Pр. 18—20.
  4. Rzhepetska K. M. Judicial control as an administrative and legal means of protection of human rights and freedoms. Law forum. 2009. No. 2. Pр. 364—368.
  5. Peshiy D. A. Judicial control as a means of ensuring legality in pre-trial criminal proceedings. Scientific Bulletin of the International Humanitarian University. 2014. No. 10-1. T. 2. Pр. 115—127.
  6. Smokovich M. Judicial power: place in society and judicial control. Legal Ukraine. 2012. No. 10. Pр. 99—107.
  7. L. P. Sushko. Organizational and legal principles of judicial control in Ukraine: Diss. law Sciences: 12.00.07. Kyiv, 2009. 181 p.
  8. Chornobuk V.I. Legality and reasonableness of the judge’s procedural decisions in the order of judicial control in the pre-trial stages of the criminal process: autoref. thesis … candidate law Sciences: 12.00.09. Odesa, 2007. 25 p.
  9. Bakker R. Judicial Control: Comparative Essays on Judicial Review. Maklu. 1995. 165 p.
  10. Bebr D. Development of Judicial Control of the European Communities. BRILL. 2011. 822 p.