Execution of court decisions in terms of the right to a fair trial

Abstract

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 evaluative interpretation of this guarantee in case-law of the ECtHR, according to which an execution of court decisions is considered also as an element of other conventional rights, namely: a right to an effective remedy (Art. 13), a right to respect for private and family life (art. 8) and a right to peaceful enjoyment of his possessions (Art. 1 of 1st Additional Protocol to the ECHR). The author analyzes 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. This problem at national level is caused by a variety of dysfunctions in the Ukrainian legal system, in particular, the lack of budgetary allocations, the bailiffs’ omissions and the shortcomings in the national legislation, authorities’ failure to take specific budgetary measures, the introduction of bans on the attachment and sale of property belonging to State-owned or controlled companies 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.

Keywords

• right to a fair trial, execution of court decisions, enforcement proceedings, reasonable time of a trial, effective remedies