Log in

Relevant bibliographies by topics / Enforcement of court decisions / Journal articles

To see the other types of publications on this topic, follow the link: Enforcement of court decisions.

Journal articles on the topic 'Enforcement of court decisions'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Enforcement of court decisions.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

SHERSTIUK, H. М. "ENFORCEMENT OF COURT DECISIONS." Scientific Journal of Public and Private Law 2, no. 4 (2019): 234–40. http://dx.doi.org/10.32844/2618-1258.2019.4-2.44.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Demchyshak, Y. Y. "On the concept of enforcement of foreign court decisions: national legislation and scientific doctrine." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 261–66. http://dx.doi.org/10.24144/2307-3322.2024.85.1.37.

Full text

Abstract:

This article is dedicated to the analysis of Ukrainian national legislation and domestic scientific doctrine regarding the presence of a formed and established definition of the concept «enforcement of foreign court decisions» as one of the integral elements of the entire institution of recognition and enforcement of foreign court decisions in Ukraine. The article contains an analysis of both current Ukrainian legislation (in particular, some provisions of the Law of Ukraine «On International Private Law» and the Civil Procedure Code of Ukraine), as well as some acts that have lost their valid

APA, Harvard, Vancouver, ISO, and other styles

3

Kadysheva, Olga. "Problematic issues of the enforcement of decisions of the Court of the Eurasian Economic Union: experientia docet." Meždunarodnoe pravosudie 14, no. 1 (2024): 56–74. https://doi.org/10.21128/2226-2059-2024-1-56-74.

Full text

Abstract:

The growth in the number of international courts and the decisions rendered by them has moved issues of enforcement of those decisions from the category of speculative to the practical plane. The common juridical approach to these issues, according to which the enforcement of such decisions by states is simply implied by virtue of the principle of pacta sunt servanda, has not been acceptable in order to explain that all international courts, without exception, are to some extent faced with the problem of enforcement of their decisions. The analysis and generalization of the empirical material

APA, Harvard, Vancouver, ISO, and other styles

4

Krupnova, L. V. "COURT DECISIONS ENFORCEMENT: FOREIGN EXPERIENCE." Herald of Zaporizhzhia National University. Jurisprudence 2, no. 4 (2020): 148–53. http://dx.doi.org/10.26661/2616-9444-2020-4.2-21.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Belikova, Mishchuk, Svitlana, Mykola. "The Removal of the Seizure of Real Estate and Funds: Review of Judicial Practice." Przegląd Prawa Egzekucyjnego 2025, no. 1 (2025): 197–216. https://doi.org/10.62627/ppe.2025.010.

Full text

Abstract:

Judicial practice indicates the existence of cases of violation of the requirements of the law by state/private enforcement officers regarding the issue of removing the seizure of real estate and funds. As a result, this violates the property rights of citizens. The paper presents judicial practice on the consideration of civil cases on the removal of seizure from immovable property and funds, which is studied in three sections: 1) decisions of the courts of first instance; 2) decisions of the courts of appeal; 3) decisions of the court of cassation instance. A review of judicial practice show

APA, Harvard, Vancouver, ISO, and other styles

6

Bundz, Rostyslav. "Recognition and enforcement of decisions of foreign courts and arbitrations on the territory of Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 38 (2023): 17–21. http://dx.doi.org/10.23939/law2023.38.017.

Full text

Abstract:

The article highlights the current problem of recognition and enforcement of decisions of foreign courts and arbitrations on the territory of Ukraine - circumstances that make such enforcement impossible or difficult. The issue of recognition and enforcement of court decisions of foreign states in Ukraine does not lose its relevance today. Decision of foreign court shall be recognized and executed in Ukraine, if its recognition and execution is envisaged by the international agreements of Ukraine. Decision of foreign court may be compulsory executed in Ukraine during three years starting from

APA, Harvard, Vancouver, ISO, and other styles

7

Van Den Berg, Albert Jan. "Enforcement of Arbitral Awards Annulled in Russia – Case Comment on Court of Appeal of Amsterdam, April 28, 2009." Journal of International Arbitration 27, Issue 2 (2010): 179–98. http://dx.doi.org/10.54648/joia2010010.

Full text

Abstract:

By a decision dated April 28, 2009, the Court of Appeal in Amsterdam granted enforcement of four arbitral awards annulled by the Russian courts under the New York Convention of 1958. The Court of Appeal’s principal reason was: “[S]ince it is very likely that the judgments by the Russian civil judge setting aside the arbitration decisions are the result of a dispensing of justice that must be qualified as partial and dependent, said judgments cannot be recognized in the Netherlands. This means that in considering the application by Yukos Capital for enforcement of the arbitration decisions, the

APA, Harvard, Vancouver, ISO, and other styles

8

Khrystynchenko, Nadiya. "The role of the European Court of Human Rights in ensuring appropriate and effective protection of a fair court in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 82–88. http://dx.doi.org/10.31733/2078-3566-2020-4-82-88.

Full text

Abstract:

The article deals with the study of the practice of the European Court of human rights on liability and control over non-enforcement of court decisions in Ukraine. The study notes the importance of the issue of enforcement of court decisions that have entered into legal force. In particular, it is indicated that such an act falls under the qualification of Article 6 of the convention for the protection of human rights and fundamental freedoms – a violation of the right to a fair trial. The European Court of human rights has repeatedly noted in its decisions the seriousness and scale of this th

APA, Harvard, Vancouver, ISO, and other styles

9

Lisovenko, V. A. "Issues of criminal prosecution in the field of execution of court decisions." Analytical and Comparative Jurisprudence 2, no. 3 (2025): 394–98. https://doi.org/10.24144/2788-6018.2025.03.2.64.

Full text

Abstract:

The article analyzes the legal nature and practical problems of criminal liability for failure to execute court decisions in Ukraine. The author examines the grounds for criminal liability for criminal offenses in the field of enforcement of court decisions and provides examples of law enforcement practice. It is pointed out that despite the considerable attention paid to the issues of criminal liability for failure to enforce a court judgment, there are problems which remain controversial or have not been scientifically resolved. The author pays special attention to the analysis of the elemen

APA, Harvard, Vancouver, ISO, and other styles

10

Shelever, Nataliya. "ENFORCEMENT OF JUDGMENTS IS A COMPONENT RIGHT TO A FAIR COURT." Baltic Journal of Legal and Social Sciences, no. 1 (August 1, 2022): 207–14. http://dx.doi.org/10.30525/2592-8813-2022-1-24.

Full text

Abstract:

The article is devoted to the study of the execution of court decisions as a component of the right to a fair trial. Litigation is inextricably linked to the implementation of a court decision. Execution of court decisions is the final stage of the trial. The author analyzes the national legislation and points out gaps in it, which create problems in the implementation of court decisions. The decisions of the European Court of Human Rights related to the chosen topic are studied. The article analyzes the problems in Ukraine in the implementation of court decisions and concludes that this is a

APA, Harvard, Vancouver, ISO, and other styles

11

Nuraini, Laila, and Yunanto Yunanto. "Transfer of Land Rights through Court Decisions: Juridical Implications and Challenges in Implementation." SIGn Jurnal Hukum 5, no. 1 (2023): 32–43. http://dx.doi.org/10.37276/sjh.v5i1.265.

Full text

Abstract:

This study aims to examine and analyze the juridical implications of land rights transfers through court decisions and identify the challenges and obstacles encountered in transferring them. This study uses normative legal research with conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the dispute resolution of land rights transfers through inkracht court decisions can provide legal certainty and positive impacts for the disputing parties. However, some negative effe

APA, Harvard, Vancouver, ISO, and other styles

12

POBEREZHNYI, Yurii. "Enforcement of court decisions in civil cases: today's problems." Economics. Finances. Law 9, no. - (2022): 5–8. http://dx.doi.org/10.37634/efp.2022.9.1.

Full text

Abstract:

The paper is devoted to the main aspects of the execution of court decisions as the final stage of the civil process, special attention is focused on the problems of today. The meaning of the last stage of the civil process was analyzed and its place among other procedural actions was clarified. The reasons for the actual non-execution of court decisions are determined, which are related to the violation of the systematic organization of their implementation both procedurally and organizationally, and which are also related to the full-scale war in Ukraine. Regulatory legal acts at the nationa

APA, Harvard, Vancouver, ISO, and other styles

13

Gorgieva, Dijana, and Funda Nezir. "Enforcement Systems – Differences and Similarities." SEEU Review 19, no. 2 (2024): 58–64. https://doi.org/10.2478/seeur-2024-0021.

Full text

Abstract:

Abstract In modern civil procedural law, there are different organizational structures of national civil enforcement systems. According to the principle of national procedural autonomy, each state regulates the enforcement procedure independently. Because of this, it is very difficult to talk about special systems for the civil enforcement of court decisions and other judicial or non-judicial enforceable titles at the macro level. The main reason for this is the fact that the matter of enforcement procedural law was neglected for a long period of time, and the harmonization of the enforcement

APA, Harvard, Vancouver, ISO, and other styles

14

Shelever, N. V. "FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE IN THE EXECUTION OF COURT DECISIONS." Actual problems of native jurisprudence 5, no. 5 (2021): 17–21. http://dx.doi.org/10.15421/392193.

Full text

Abstract:

A fair court decision is the goal of justice. The meaning of justice is achieved only when the court decision is executed. Otherwise, the court decision remains only a sheet of paper. Execution of court decisions is the final stage of the court process, which has as its purpose the implementation of the court decision. That is, in the execution of a court decision, the principle of justice is implemented in practice. The state executive service is responsible for enforcing court decisions. In accordance with the Constitution of Ukraine, the state must ensure the execution of a court decision.

APA, Harvard, Vancouver, ISO, and other styles

15

Puzyrnyi, V. F., N. E. Kernoz, and O. O. Streltsova. "“ORDER”, “COURT ORDER”, “INTERIM ORDER” AS ENFORCEMENT DOCUMENTS: A COMPARATIVE LEGAL ANALYSIS." Scientific Herald of Sivershchyna. Series: Law 2024, no. 2 (2024): 60–70. http://dx.doi.org/10.32755/sjlaw.2024.02.060.

Full text

Abstract:

The article is devoted to a comparative legal analysis of the provisions of the Laws of Ukraine “On Executive Proceedings”, “On the Constitutional Court of Ukraine”, “On Arbitration Courts”, “On International Commercial Arbitration”, the Economic Procedure Code of Ukraine, and the Civil Procedure Code of Ukraine in the context of disclosing the issues of legal categories “order”, “court order”, “interim order”, “executive document” with due regard to the updated provisions of national procedural legislation regarding the requirements for their content, delimitation and peculiarities of enforce

APA, Harvard, Vancouver, ISO, and other styles

16

Ilchenko, I. P. "Problems of enforcement of court decisions on recovery of spousal maintenance abroad: legal and practical obstacles." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 163–68. http://dx.doi.org/10.24144/2788-6018.2024.05.25.

Full text

Abstract:

The article deals with the problems of recognition and enforcement of Ukrainian court decisions on recovery of spousal maintenance in foreign countries. The author emphasises that the current conditions associated with the introduction of martial law in Ukraine have brought new challenges to family legal relations which require further research in order to provide proposals for their solution. The author substantiates that the stay of the payer of spousal maintenance abroad makes the issue of proper fulfilment of his/her obligation particularly relevant in modern conditions. The author examine

APA, Harvard, Vancouver, ISO, and other styles

17

Polyakov, S. B., and I. A. Gilev. "THE SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS." Вестник Пермского университета. Юридические науки, no. 3(53) (2021): 462–87. http://dx.doi.org/10.17072/1995-4190-2021-53-462-487.

Full text

Abstract:

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to fa

APA, Harvard, Vancouver, ISO, and other styles

18

Dobrosavljev, Svetozar. "Enforcement of civil court decisions and enforcement of other decisions under the Act on compulsory enforcement." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 16–46. http://dx.doi.org/10.5937/gakv0001016d.

Full text

Abstract:

The author analyzes the Yugoslav Act on compulsory enforcement of March 30, 1978 and explains sources, principles, actors, presumptions and all other features of the compulsory enforcement. He identifies the weaknesses of the enforcement procedure and calls for the amendments of the Act, which would enable the equality of all actors in the procedure, efficacy of the procedure, as well as better and more extensive guarantees of legal protection and safety of the citizens.

APA, Harvard, Vancouver, ISO, and other styles

19

Amanta, Danang Rizky Fadilla, and Aliz Zulis Al Hurni. "The Problem of the Implications of the Execution of the Constitutional Court's Decision as Judicial Making in Realizing Legal Certainty." Ahmad Dahlan Legal Perspective 5, no. 1 (2025): 35–53. https://doi.org/10.12928/adlp.v5i1.10685.

Full text

Abstract:

From a normative-legal perspective, decisions of the Constitutional Court are deemed final and binding from the moment they are pronounced in a public plenary session. However, in practice, the implementation of Constitutional Court decisions often sparks controversy within Indonesia's Constitutional System. Building on this, the author is interested in conducting further research on the issues surrounding the execution of Constitutional Court decisions concerning the position of the Constitutional Court as a judicial maker and efforts to optimize the implementation of Constitutional Court dec

APA, Harvard, Vancouver, ISO, and other styles

20

Belović, Jelena. "Recognition and enforcement of foreign court decisions." Zbornik radova Pravnog fakulteta Nis 57, no. 80 (2018): 275–88. http://dx.doi.org/10.5937/zrpfni1880275b.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Ochilboev, Azizbek Bakhodirjon ugli. "ADVOCACY AND ENFORCEMENT OF CIVIL COURT DECISIONS." Educational Research in Universal Sciences (ERUS) 2, no. 11 (2023): 363–67. https://doi.org/10.5281/zenodo.10371357.

Full text

Abstract:

This article examines the participation of the lawyer in the execution of the decisions of the Civil Court and also provides information about the powers of the lawyer, the deadlines for the submission of executive documents for execution, the actions to be taken by the lawyer in case the deadline for submitting the executive document for execution is missed.

APA, Harvard, Vancouver, ISO, and other styles

22

Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. 3 (2020): 239–57. http://dx.doi.org/10.32609/j.ruje.63.51277.

Full text

Abstract:

A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on conc

APA, Harvard, Vancouver, ISO, and other styles

23

Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. (3) (2020): 239–57. https://doi.org/10.32609/j.ruje.63.51277.

Full text

Abstract:

A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on conc

APA, Harvard, Vancouver, ISO, and other styles

24

Bolokan, I. "Court judgments as law enforcement acts." Uzhhorod National University Herald. Series: Law 4, no. 84 (2024): 164–71. http://dx.doi.org/10.24144/2307-3322.2024.84.4.23.

Full text

Abstract:

The article covers one of the features of law enforcement as an independent form of exercising legal norms - the outcome of law enforcement, i.e., law enforcement act of a specific application entity - a court. The author analyzes what constitutes an act of law enforcement, its features, whether court decisions are law enforcement acts, and the peculiarities of these acts. It is noted that court judgments meet the characteristics of law enforcement acts, each of which has a specific manifestation. Court judgments are individual, authoritative, and binding. Like most law enforcement acts, judic

APA, Harvard, Vancouver, ISO, and other styles

25

Ferro, Miguel Sousa. "Antitrust Private Enforcement and the Binding Effect of Public Enforcement Decisions." Market and Competition Law Review 3, no. 2 (2020): 51–80. http://dx.doi.org/10.7559/mclawreview.2019.1830.

Full text

Abstract:

This paper provides an overview of the legal status quo in the European Union relating to the binding effect, in follow-on competition law cases, of public enforcement decisions, as well as of some of the legal issues which are likely to be the subject of controversy in years to come, in this regard. It tackles decisions declaring antitrust infringements adopted by the European Commission and by national competition authorities, as well as commitment decisions and decisions declaring infringements of merger control and State aid rules. It discusses the material, subjective and temporal scope o

APA, Harvard, Vancouver, ISO, and other styles

26

Puzyrnyi, V. "SOME ISSUES OF DETERMINING THE SUBJECT OF NON-ENFORCEMENT OF COURT DECISIONS AGAINST CONVICTS IN UKRAINE." Scientific Herald of Sivershchyna. Series: Law 2025, no. 2 (2025): 117–25. https://doi.org/10.32755/sjlaw.2025.02.117.

Full text

Abstract:

The article deals with the problematic issues of determining the subject of non-enforcement of court decisions against convicts in Ukraine. It is proved that court decisions in respect of convicts in Ukraine are binding on the staff of penal bodies and institutions of the Ministry of Justice of Ukraine. It is noted that in case of non-enforcement of a court decision against convicts, the staff of the Department for Control over the Execution of Court Decisions of the penal institution of the State Criminal and Executive Service of Ukraine may be held criminally liable under Article 382 of the

APA, Harvard, Vancouver, ISO, and other styles

27

Shen, Wei, and Shu Shang. "Tackling Local Protectionism in Enforcing Foreign Arbitral Awards in China: An Empirical Study of the Supreme People's Court's Review Decisions,1995–2015." China Quarterly 241 (September 11, 2019): 144–68. http://dx.doi.org/10.1017/s0305741019001164.

Full text

Abstract:

AbstractIn an effort to fight against local protectionism in court enforcement proceedings, China's Supreme People's Court (SPC) promulgated its “Notice on relevant issues pertaining to the people's court handling foreign and foreign-related arbitration” in 1995. Pursuant to this Notice, all Intermediate People's Courts have to report to the SPC and obtain its approval for any decision not to enforce a foreign or foreign-related arbitral award. However, the effectiveness of this internal reporting mechanism in constraining local protectionism has never been empirically tested. This study is ba

APA, Harvard, Vancouver, ISO, and other styles

28

Gvozdetsky, Dmitry. "The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts." SHS Web of Conferences 55 (2018): 02010. http://dx.doi.org/10.1051/shsconf/20185502010.

Full text

Abstract:

This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is

APA, Harvard, Vancouver, ISO, and other styles

29

Zhang, Xuehua, Leonard Ortolano, and Zhongmei Lü. "Agency Empowerment through the Administrative Litigation Law: Court Enforcement of Pollution Levies in Hubei Province." China Quarterly 202 (June 2010): 307–26. http://dx.doi.org/10.1017/s0305741010000251.

Full text

Abstract:

AbstractThe existing literature on China's 1989 Administrative Litigation Law (ALL) has rarely discussed a minor provision that permits administrative agencies to enlist court assistance in enforcing administrative decisions. Focusing on court enforcement of pollution levies, this study examines how and why ALL has been employed so extensively by administrative agencies, environmental protection bureaus (EPBs) in this context. The study is based on interviews with judges, EPB officials and polluters involved in court actions as well as court statistical data from 1992 to 2005 for Hubei provinc

APA, Harvard, Vancouver, ISO, and other styles

30

Masadikov, Sherzodbek. "RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN UZBEKISTAN." Access to Justice in Eastern Europe 8, no. 1 (2025): 368–84. https://doi.org/10.33327/ajee-18-8.1-r000120.

Full text

Abstract:

Background: The recognition and enforcement of foreign arbitral awards reflect the business climate of a given country. Foreign investors and businesses closely monitor whether these processes align with established international standards, as they may affect their business. The business community prioritises effective dispute resolution and enforcement procedures. Thus, for Uzbekistan, addressing this matter is important not only to improve its business climate and attract foreign investment but also, from a wider perspective, to ensure access to justice. Methods: This research is based on pr

APA, Harvard, Vancouver, ISO, and other styles

31

Kunz, Catherine Anne. "Enforcement of Arbitral Awards under the New York Convention in Switzerland An overview of the current practice and case law of the Swiss Supreme Court." ASA Bulletin 34, Issue 4 (2016): 836–65. http://dx.doi.org/10.54648/asab2016074.

Full text

Abstract:

This article presents an overview of the current practice and case law of the Swiss Supreme Court in relation to the implementation of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. More specifically, this article examines the decisions rendered by the Swiss Supreme Court over the period 2000-2016. Decisions are discussed in relation to the relevant provision of the Convention on an article-by-article basis. For each provision of the Convention, a short commentary is included highlighting the relevant requirements and thresholds that need to be met

APA, Harvard, Vancouver, ISO, and other styles

32

Biloskurska, O. V. "ISSUES OF ENFORCEMENT OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE: PROBLEMS OF THEORY AND PRACTICE." Constitutional State, no. 51 (October 15, 2023): 11–18. http://dx.doi.org/10.18524/2411-2054.2023.51.287981.

Full text

Abstract:

The article examines the legal positions of scholars in the field of constitutional law regarding their vision of the issues of implementing decisions of the Constitutional Court of Ukraine. It is noted that the decision of the Constitutional of the Court of Ukraine are among the most important acts from the point of view of compliance with the Constitution of Ukraine. The study analyzed the decision of the Constitutional Court, in which the body of constitutional jurisdiction clarifies the obligation to implement its decision. The state of execution of the decisions of the Constitutional Cour

APA, Harvard, Vancouver, ISO, and other styles

33

Omelchuk, Vasyl, and Mykola Berdar. "Legal framework for the development of an effective system of enforcement in Ukraine." Visegrad Journal on Human Rights, no. 5 (December 29, 2023): 59–65. http://dx.doi.org/10.61345/1339-7915.2023.5.8.

Full text

Abstract:

The aim of the work is a study of the legal framework for the development of an effective system of enforcement in Ukraine. The methodological basis of the study is international and national legal acts, court decisions, statistical and analytical materials, and scientific works of scholars in the field of constitutional law, administrative law, criminal law, theory of state and law, and other branches of legal science on the constitutional and legal framework for ensuring the binding nature of court decisions in Ukraine. The article examines the legal aspects for the further devel

APA, Harvard, Vancouver, ISO, and other styles

34

Dudko, Irina. "“There is nothing more important than the little things”, or The problem of execution of decisions of the Constitutional Court of the Russian Federation." Sravnitel noe konstitucionnoe obozrenie 33, no. 1 (2024): 183–206. https://doi.org/10.21128/1812-7126-2024-1-183-206.

Full text

Abstract:

Execution of decisions is the key to proper functioning of the institutions of constitutional control and of ensuring constitutional legality in the state. An analysis of the implementation of decisions of the Constitutional Court of Russia demonstrates a generally positive dynamic. Yet there still are a number of problems associated with the adoption of normative acts in pursuance of decisions of the Constitutional Court, as well as with law enforcement agencies’ proper consideration of the legal positions of the Constitutional Court. Further improvement of the mechanism for executing decisio

APA, Harvard, Vancouver, ISO, and other styles

35

Savchyn, M., A. Zavydniak, and V. Olashyn. "Direct Effect of the Constitution of Ukraine in Focus: Access to the Justice and Judicial Control of the Enforcement of Judgment." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 146–55. http://dx.doi.org/10.24144/2307-3322.2022.70.21.

Full text

Abstract:

Proper enforcement of court decisions is part of the general concept of access to justice, as it involves the restoration of violated rights by third parties or public authorities. From the point of view of the supremacy of the constitution and their direct effect, the article analyzes the enforcement of court decisions in relation to access to justice. The first part reveals the relationship between constitutional and international standards of access to justice. The second part highlights the main components of access to administrative justice. The third part of the paper analyzes the standa

APA, Harvard, Vancouver, ISO, and other styles

36

MOHAMMED-DAVIDSON, RIA. "Show Me the Money: Enforcing Original Jurisdiction Judgments of the Caribbean Court of Justice." Leiden Journal of International Law 29, no. 1 (2016): 113–35. http://dx.doi.org/10.1017/s0922156515000679.

Full text

Abstract:

AbstractThis article examines the challenges surrounding the enforcement of decisions of international courts, using the Caribbean Court of Justice (CCJ) as the fulcrum of the analysis. When sitting in its original jurisdiction, the CCJ adjudicates claims arising from the Revised Treaty of Chaguaramas and the operation of the Caribbean Single Market and Economy. However, there is no clear route for the enforcement of original jurisdiction decisions. The Agreement Establishing the CCJ leaves the issue of enforcement to the states themselves, who in turn have either failed to enact enforcement l

APA, Harvard, Vancouver, ISO, and other styles

37

Sławicki, Piotr. "Uzasadnienie postanowienia o zatwierdzeniu ugody zawartej przed mediatorem i postanowienia o stwierdzeniu wykonalności wyroku sądu polubownego lub ugody przed nim zawartej." Przegląd Prawa Egzekucyjnego 2022, no. 4 (2022): 5–23. https://doi.org/10.62627/ppe.2022.013.

Full text

Abstract:

A justification for decisions is a special aspect of courts’ activity in civil proceedings, including enforcement proceedings. At present, the rule applies that a justification is prepared only upon request of a party, to which an exception has been introduced in enforcement proceedings, in which a decision issued in camera hearing is justified by a court ex officio, where a party is entitled to an appeal measure, unless a special regulation provides for otherwise. Special rules have been also introduced in clause proceedings. The variety of enforcement titles provided for in regulations of Po

APA, Harvard, Vancouver, ISO, and other styles

38

Eshuis, R. J. J. "De uitvoering van gerechtelijke beslissingen in Europa." Justitiële verkenningen 35, no. 4 (2009): 106–11. https://doi.org/10.5553/jv/016758502009035004009.

Full text

Abstract:

The execution of court decisions in Europe This article deals with chapter 13 of the CEPEJ report European judicial systems on the execution of court decisions. Unfortunately the report doesn't answer the question how far court decisions are being executed. The report does give information on organisations and agents involved in the enforcement of court decisions. The author gives an impression of the big differences existing between European countries in this field. Most important is the distinction between states where the responsibility for enforcement lies with public authorities and those

APA, Harvard, Vancouver, ISO, and other styles

39

Zhukevych, I. V. "The judicial control in the aspect of execution of court decisions regarding property rights in civil cases." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 277–81. http://dx.doi.org/10.24144/2307-3322.2024.85.1.40.

Full text

Abstract:

The enforcement of a court decision is an integral component of everyone’s right to legal protection, which includes, in particular, a legally defined set of actions aimed at protecting and restoring violated rights, freedoms, and legitimate interests of individuals and legal entities, society, and the state. This is the final stage of jurisdictional (rights protection) activity, without the implementation of which the meaning of the previous activity of the court is lost, since it is the implementation of the court decision that completes the process of protecting the subjective property and

APA, Harvard, Vancouver, ISO, and other styles

40

Muhammad, Ramdan, and Nur Amalia Ardina. "Substantive and Procedural Justice Principles in the Implementation of Industrial Court Decisions: Challenges and Solutions." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 07, no. 11 (2024): 5297–302. https://doi.org/10.5281/zenodo.14242342.

Full text

Abstract:

The issues related to the execution of industrial relations court decisions often involve delays in implementing decisions and resistance from employers that can postpone or avoid the execution of decisions. Additionally, discrepancies between court rulings and field implementation frequently occur due to inadequate law enforcement and weak supervision. The research questions in this study are: How do the principles of substantive justice and procedural justice apply to the implementation of industrial relations court decisions? And what are the challenges and solutions in the implementation o

APA, Harvard, Vancouver, ISO, and other styles

41

Pankratova, A. "Enforcement of court decisions: analysis of the legal positions of the Constitutional Court of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 148–51. http://dx.doi.org/10.24144/2788-6018.2023.06.25.

Full text

Abstract:

Constitutional law is concerned with the fact that the executive branch is responsible for the implementation of laws. The latter is also slightly different from a related concept, which is the application of laws, as evidenced by judicial practice. The concept of execution of a court decision is also understood from the point of view of the ECtHR, since the unreasonableness of the delay in rendering the decision entails the responsibility of the state in national legislation on the basis of Articles 6, §§ 1 and 13, ECHR, as the Court reminds "that the right to the execution of a court decisio

APA, Harvard, Vancouver, ISO, and other styles

42

Kisin, Jovana. "NON - ENFORCEMENT OF COURT DECISIONS ON WAR DAMAGE IN THE REPUBLIC OF SRPSKA." Strani pravni život 61, no. 1 (2017): 193–205. http://dx.doi.org/10.56461/spz17114k.

Full text

Abstract:

Failing to enforce court decision, besides the fact that is a crime according to the Criminal Code of Republic of Srpska, primarly cause tort to a person who was awarded for damages in that decision. This article deals with the issue of final and enforceable court’s decisions against Republic of Srpska, which in spite of legal and constitutional provisions, the decisions of the Constitutional Court of the Republic of Srpska, of the Constitutional Court of Bosnia and Herzegovina and of the European Court of Human Rights, continues to postpone their execution, namely doesn’t enforce such decisio

APA, Harvard, Vancouver, ISO, and other styles

43

Khadzhiev, Beslan Kh. "Some Challenging Aspects of Enforcement of Court Rulings in the Modern Russia." Advocate’s practice 3 (June 29, 2023): 54–57. http://dx.doi.org/10.18572/1999-4826-2023-3-54-57.

Full text

Abstract:

The issues of making a court decision, as well as its execution, are related to such institutions as the imposition of punishment, and the execution of judicial acts. To date, the issues of execution of the court decision are assigned to various executive authorities. Within the framework of the conducted research, the author analyzes the state of execution of adopted judicial acts in Russia. The study showed that there are problems in the activities of executive authorities, indicating the inef􀏐iciency of the system of execution of judicial acts. This provision explains the relevance of the i

APA, Harvard, Vancouver, ISO, and other styles

44

Kravtsov, S. "THE APPEAL OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS AS A FORM OF JUDICAL CONTROL BY NATIONAL COURTS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 8–16. http://dx.doi.org/10.17721/1728-2195/2019/3.110-2.

Full text

Abstract:

The appeal of the international commercial arbitration awards is a major issue in the dispute settlement mechanism for arbitration governed by multilateral conventions, bilateral treaties and national laws, as well as by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Notwithstanding the importance of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, it restricts to a certain extent the scope of legal protection of arbitral awards, as it leaves national courts to challenge them by the way of possible an

APA, Harvard, Vancouver, ISO, and other styles

45

Yaroslavivna, Fursa Svitlana, Malskyy Markian Markianovych, Fursa Yevhen Yevhenovych, and Fursa Yevhen Ivanovych. "Contemporary issues of enforcement process in Ukraine: domestic and international aspects." Lexonomica 13, no. 2 (2021): 213–34. http://dx.doi.org/10.18690/lexonomica.13.2.213-234.2021.

Full text

Abstract:

This article is devoted to the particularities of enforcement process theory and the analysis of international acts and national legislation that govern coercive enforcement of decisions of courts and other bodies (official persons) with a foreign element. The place of international enforcement procedure within the legal system is analysed together with its interconnection with the other branches of law, in particular with private international law, international civil procedure and enforcement procedure. It is suggested that international enforcement procedure should be recognised as a sub-br

APA, Harvard, Vancouver, ISO, and other styles

46

Vyshnevska, Anastasiia. "The impact of distrust of the judiciary on enforcement of court decisions in Ukraine." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 263–66. http://dx.doi.org/10.36695/2219-5521.2.2020.48.

Full text

Abstract:

The issue of enforcement of court decisions remains quite relevant today, despite the large number of studies conducted on thistopic.In Ukraine, the issue of reforming the system of enforcement of court decisions is quite acute.Non-execution of court decisions or its poor execution leads to the loss of the very meaning of justice, it undermines the credibilityof the judiciary in particular and the government in general. Complaints about the activities of the judiciary exist both among citizens and among representatives of other branches of government,which has an extremely negative impac

APA, Harvard, Vancouver, ISO, and other styles

47

Al-Qahtani, Mutlaq. "The Role of the International Court of Justice in the Enforcement of Its Judicial Decisions." Leiden Journal of International Law 15, no. 4 (2002): 781–804. http://dx.doi.org/10.1017/s0922156502000353.

Full text

Abstract:

Together with the Security Council and the General Assembly, the International Court of Justice is one of the most important guarantors of peace, security and co-operation among states. The role of the ICJ in the enforcement of its decisions has received little attention in the existing literature. Although international courts, regional courts and national courts do not physically enforce their decisions, they have various levels of enforcement mechanism procedures. Nevertheless, it has been widely and mistakenly believed that it is not the business of the ICJ to enforce its decisions, but ra

APA, Harvard, Vancouver, ISO, and other styles

48

Karabaza, N. "Monitoring of use in court decisions the concept-category to vehicle of tax criminal offences." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 263–67. http://dx.doi.org/10.24144/2307-3322.2023.78.2.41.

Full text

Abstract:

The article assesses the compliance of the conceptual and categorical apparatus of tax criminal offences with court decisions in criminal proceedings on these offences. In particular, court decisions in criminal proceedings on tax evasion and duties (mandatory payments) over the past three years, issued by the courts of first instance and appellate courts, as well as legal positions of the Supreme Court were analysed. The tendency of unjustified reduction of attention to tax criminal offences by law enforcement authorities was revealed, which is manifested in the lack of explanatory materials

APA, Harvard, Vancouver, ISO, and other styles

49

Kudrna, Jaroslav, and Ank Santens. "The State of Play of Enforcement of Emergency Arbitrator Decisions." Journal of International Arbitration 34, Issue 1 (2017): 1–15. http://dx.doi.org/10.54648/joia2017001.

Full text

Abstract:

The 2015 Queen Mary/White & Case International Arbitration Survey found that 79% of respondents considered the enforceability of emergency arbitrator decisions to be the most important factor influencing their choice between state courts and emergency arbitration when seeking urgent relief before the constitution of the arbitral tribunal. Given that the enforceability of emergency arbitrator decisions is a major concern for users of international arbitration, it is useful to explore the state of play of the enforcement of these decisions. This article provides an overview of all cases repo

APA, Harvard, Vancouver, ISO, and other styles

50

Barry, Matthew. "The Role of the Seat in International Arbitration: Theory, Practice, and Implications for Australian Courts." Journal of International Arbitration 32, Issue 3 (2015): 289–323. http://dx.doi.org/10.54648/joia2015012.

Full text

Abstract:

A complex question in international commercial arbitration is the extent to which an enforcement court should defer to the decisions of courts at the seat of arbitration. In the recent case of Gujarat, the Federal Court of Australia held that it would generally be inappropriate for an Australian court, called upon to enforce an arbitral award under the International Arbitration Act 1974 (Cth) (IAA), to reach a different conclusion on the same question as that reached by the court at the seat of arbitration. This article critically examines Gujarat in light of the broader debate about the role

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!