ПРАВО НА ВИКОНАННЯ СУДОВОГО РІШЕННЯ ЯК КОНСТИТУЙОВАНИЙ ЕЛЕМЕНТ ПРАВА НА СУДОВИЙ ЗАХИСТ В АСПЕКТІ ПРАВОВИХ ПОЗИЦІЙ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ (УКРАЇНСЬКИЙ КОНТЕКСТ)
RIGHT TO EXECUTE JUDICIAL DECISION AS LEGALLY CONSTITUTED ELEMENT OF RIGHT TO JUDICIAL DEFENCE IN ASPECT OF LEGAL POSITIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS (UKRAINIAN CONTEXT)

Summary/Abstract: In this article the author analyses legal positions of the European Court of Human Rights as for an individual’s right to execute judicial decision as a component of right to judicial defence foreseen by the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author puts special emphasis on judgement of the European Court of Human Rights in the case “Yuriy Nikolayevich Ivanov v. Ukraine” (where procedure of “pilot” judgement was applied for Ukraine for the first time) which encouraged the state to make legislative steps in the sphere of compulsory execution of judicial decision. Taking into account approaches formed in case law of the European Court of Human Rights as for state’s responsibility for creation of effective national means of legal defence, which is also represented by the mechanism of compulsory execution of judicial decisions, the author demonstrates her personal opinion as for ways to solve the problem of “chronicle failure to execute” judgements of national courts that is peculiar for Ukraine.

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