Models of Execution of Court Decisions in Administrative Cases: Experience of Ukraine and Prospects of Development

The article is devoted to the theoretical and methodological analysis of models of execution of court decisions. It is emphasized that the legal regulation of the execution of court decisions in administrative cases in Ukraine, taking into account the problematic issues of law enforcement practice, needs to be improved. Problems with the modernization of certain aspects of administrative proceedings have been identified, which inevitably affects the speed and efficiency of execution of court decisions in administrative cases. The publication defines the essence and mechanism of execution of court decisions in administrative cases, clarifies the features of centralized, decentralized and mixed models of execution of court decisions, reviews the current foreign practice of organizational and legal regulation of relations in the field of execution of court decisions.

It is stated that in Ukraine with the entry into force in 2016 of the provisions of the laws of Ukraine "On bodies and persons carrying out enforcement of court decisions and decisions of other bodies" and "On enforcement proceedings" introduced a mixed system of enforcement of court decisions by modernizing the service of state executors and institute of private performers.

In legal doctrine, there are different positions of scholars on the separation of models of enforcement of court decisions. We are talking about at least two, and in the vast majority of three varieties. In particular, the following: centralized and decentralized; centralized, decentralized and mixed; public law, private law and mixed; public, private and combined, etc. The change in Ukraine's model of enforcement of judgments from centralized to mixed is progressive, although it does not fully cover the solution of a range of problems in this area. The Ukrainian state follows the world trends in the development of enforcement proceedings, introducing a mixed model of enforcement of court decisions.