RELEVANT PROBLEMS OF REVERSAL OF EXECUTION OF A COURT DECISION IN CIVIL PROCESS

Abstract

The determining factor for the implementation of Article 55 of the Constitution of Ukraine and Article 6(1) of the European Convention on Human Rights of November 4, 1950, for the purpose of realization of the right to judicial protection of rights and interests of a person, is the appropriate mechanism for enforcement of acts of justice. The justice, objectivity and impartiality of court proceedings are ensured by the courts' issuance of relevant procedural decisions, including those related to the reversal of the execution of court decisions in civil proceedings. The issue of legality of such procedural decisions determines the development of not only the civil process itself, since the effectiveness of their implementation has a direct impact on the protection of human rights and freedoms by the judiciary. In the event that there are reasons to reverse the execution of court decisions and implement them in practice, not only should the constitutional principle of mandatory nature of court decisions be implemented, but also a comprehensive legal study of the procedure for reversing the execution of court decisions in civil proceedings should be carried out to form a uniform court practice. The author emphasizes that the issue of reversal of judgment enforcement in civil proceedings is driven by the need for a legal study of the judgment enforcement procedure with a view to introducing appropriate amendments to procedural legislation, taking into account the latest developments in civil procedure science. The author identifies gaps in the legislation which lead to restriction of a person's rights to proper protection of his/her violated rights and restoration of legal relations to their previous state. In the course of the research, the author came up with his own formulation of the above legal definition. The author proposes to amend the current Code of Civil Procedure of Ukraine based on the analysis of current case law in order to improve the legal mechanism for regulating the reversal of execution of court decisions in civil proceedings.