The Supreme Court
Posted: Wed Jun 18, 2025 3:51 am
From the analysis of the above-mentioned legislative norms, it is clear that a subject of public authority cannot be obliged to execute a court decision by adopting another court decision on this matter , since the enforcement of a court decision is carried out in accordance with the procedure provided for by Law No. 1404-VIII.
A similar legal position is set out in the resolution of the Grand Chamber ofof January 16, 2019 in case No. 686/23317/13-a.
Special methods of judicial control over the execution of court decisions are determined, in special database particular, they include: the obligation of the subject of authority to provide a report on the execution of the court decision, the imposition of a fine for failure to execute the court decision, etc.
In accordance with the requirements of Article 383 of the Code of Civil Procedure of Ukraine, a plaintiff in whose favor a court decision has been adopted has the right to file an application with the court of first instance to declare unlawful the decisions, actions or inactions committed by the subject of public authority - the defendant in execution of such a court decision or violation of the plaintiff's rights confirmed by such a court decision.
Thus, the procedural law establishes the procedure for enforcing court decisions in administrative cases and defines a certain sequence of actions that must be taken in order to oblige the defendant to properly comply with the court decision.
The Supreme Court draws attention to the fact that the above-mentioned norms of the Code of Administrative Offences of Ukraine are aimed at ensuring the proper execution of a court decision. The grounds for their application are precisely the non-execution of a court decision issued in favor of the plaintiff, and circumstances indicating the illegality of the decisions, actions or inaction of the subject of public authority related to the non-execution of the court decision in this case.
A similar legal position is set out in the resolution of the Grand Chamber ofof January 16, 2019 in case No. 686/23317/13-a.
Special methods of judicial control over the execution of court decisions are determined, in special database particular, they include: the obligation of the subject of authority to provide a report on the execution of the court decision, the imposition of a fine for failure to execute the court decision, etc.
In accordance with the requirements of Article 383 of the Code of Civil Procedure of Ukraine, a plaintiff in whose favor a court decision has been adopted has the right to file an application with the court of first instance to declare unlawful the decisions, actions or inactions committed by the subject of public authority - the defendant in execution of such a court decision or violation of the plaintiff's rights confirmed by such a court decision.
Thus, the procedural law establishes the procedure for enforcing court decisions in administrative cases and defines a certain sequence of actions that must be taken in order to oblige the defendant to properly comply with the court decision.
The Supreme Court draws attention to the fact that the above-mentioned norms of the Code of Administrative Offences of Ukraine are aimed at ensuring the proper execution of a court decision. The grounds for their application are precisely the non-execution of a court decision issued in favor of the plaintiff, and circumstances indicating the illegality of the decisions, actions or inaction of the subject of public authority related to the non-execution of the court decision in this case.