23 May 2013, 11:33
Opening the meeting the Chairman of the Verkhovna Rada of Ukraine Volodymyr Rybak stressed that importance of this problem lies in the fact that it affects interests of each citizen and of the whole Ukrainian society. He stressed the necessity of elaborating legislative initiatives to refine mechanisms of implementation of court judgments.
According to Volodymyr Rybak, improvement of legislation remains priority direction in the sphere of reforming the system of court judgments. The renewed laws should first of all eliminate legal barriers of implementation of court judgments and develop the system of legal norms that will encourage participants of legal relations unconditionally fulfill their obligations.
The Head of the Constitutional Court Anatoliy Holovin noted that the Constitutional Court has adopted 20 decisions for the period of 2007-2011 in regard to which the Court has either determined the procedure of their implementation or has made recommendations to the Verkhovna Rada or other bodies of state power in order to fill the gaps or eliminate collisions in the existing acts or to bring them in line with the provisions of the Constitutions of Ukraine. Only 8 decisions of 20 were implemented, 3 are in the process of implementation, and 9 still remain to be addressed.
According to him, “it is necessary to introduce in the Parliament the monitoring service over the presence of gaps and collisions in legislation that will study this issue”.
The Chairman of he Supreme Court Yaroslav Romanyuk noted that non-implementation of court judgments negatively affects the authority of the court power, for the final aim of justice does not reach its aim – protection of citizens’ rights real renovation of their violated rights.
He stressed that the state has taken certain moves in this direction, particularly, the Law “On the Court System and the Status of Judges” of July 7, 2010 which has settled the issue of court system and a number of topical procedural problems.
The Head of the Supreme Economic Court Viktor Tatkov drew attention to the directions of legislative reforming of enforcement proceedings.
Chairman of the Committee on Judicial Policy Valeriy Pysarenko noted that the statistic analysis of the existing situation regarding compulsory execution of Court Judgments of the State Executive Service leads towards disappointing conclusions. As of the beginning of the current year almost three millions of executive documents remained unexecuted.
Participants of parliamentary hearings stressed that execution of court judgments promote bringing of laws into life and strengthen their authority. In its essence, court judgments protect rights, liberties and legal interests of citizens.
Problems of systematic nature in regard to execution of court judgments were also discussed during the hearings.
Settlement of organizational problems and implementation of legislative initiatives will allow transit to new qualitative standards in the work of state executive officials.
Participants of parliamentary hearings stressed the necessity of preparation of the draft law on amendments to several legislative acts of Ukraine re reformation of state executive service and improvement of the procedure of compulsory execution of judgments.
People’s deputies stressed the necessity of direct access of state executive officials to state registrars.
The suggestions expressed during the meting will be generalized and considered while preparation of the draft resolution on recommendations to the parliamentary hearings entitled “On the status of implementation of court judgments in Ukraine”.