Some Aspects of the Case Law of the European Court of Human Rights on Non-Enforcement of Final Decisions of National Courts: Key Provisions and Current State of Legislation

This scientific article examines some aspects of the case law of the European Court of Human Rights on non-enforcement of final decisions of national courts, namely the analysis of key provisions contained in the decisions of the European Court of Human Rights against Ukraine, and analyzes the current state of legislation in this area.

The scientific article consists of several parts, among which we can highlight the general concept of the binding nature of court decisions, the analysis of national regulations of Ukraine and the study of certain aspects of the case law of the European Court of Human Rights.

The first part of the scientific article reveals the issue of state guarantees to ensure the enforcement of decisions of national courts as part of the right to a fair trial. Particular attention is paid to the implementation of decisions under which the debtor is the state itself, because, in this case, the effectiveness of such implementation directly depends solely on the actions of the state.

The second part of the article examines the national legislation of Ukraine in the field of execution of decisions of national courts on the payment of funds from state or local budgets. This part provides a reasonable opinion on the inaccuracies of modern legislation and specific rules, which, in the opinion of the author, are not able to ensure effective protection of the rights of persons in whose favor the funds should be collected.

The third part provides a consistent analysis of some key provisions that were stated in the decisions of the European Court of Human Rights against Ukraine in the field of non-enforcement of final decisions of national courts. Based on these provisions, the author's opinion on the permissible moment to apply for protection of violated rights to the European Court of Human Rights, which is one of the results of the study on the selected topic.

The data obtained as a result of the study can be used in further scientific articles or serve as a theoretical basis for appeals to the European Court of Human Rights to protect violated human rights in the field of non-enforcement of final decisions of national courts.