The Theoretical Aspect of Ensuring Human Rights in the Enforcement of Court Decisions

Abstract

The article is devoted to the problem of human rights compliance in enforcement proceedings and the study of the relationship between the rights of the parties to enforcement proceedings for the full actual enforcement of court decisions. The main views of scholars on human rights compliance in enforcement proceedings are analysed, and criteria for human rights violations in the enforcement of court decisions are identified. It is found that maintaining a balance between the parties is closely linked to ensuring human rights in enforcement proceedings. Attention is paid to compliance with the principle of proportionality of measures for the enforcement of court decisions, in particular in the context of human rights and the prevention of abuse of rights by the parties. The main problems that affected the observance of human rights during martial law are identified.

Changes introduced in the enforcement of court decisions during martial law are considered, in particular the possibility for the debtor to specify a current account for expenditure transactions. Their advantages and disadvantages in the context of human rights compliance are also analysed. The problem of non-compliance by the state with court decisions, in particular decisions of the European Court of Human Rights, is outlined. The mechanism of judicial control over the enforcement of court decisions in administrative proceedings is examined, which obliges the authority against which the court decision was made to submit a report on the enforcement of the decision within a specified period. The consequences of failure to submit or improper submission of a report are described, in particular the obligation to resubmit the report or impose a fine on the head of the enterprise that is the debtor.