Судовий контроль в аспекті виконання судових рішень щодо майнових прав у цивільних справах

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 personal non-property rights of citizens and legal entities through their actual implementation in the manner and procedure determined by the Constitution and laws of Ukraine. However, illegal decisions or wrongful actions of the executor, as well as his inaction, can significantly complicate, hinder or even make impossible the execution of the decision, thereby violating the rights of the participants in the legal relationship. Therefore, among the main principles of enforcement proceedings, the Law of Ukraine «On Enforcement Proceedings» singles out the provision of the right to appeal decisions, actions or inactions of state and private executors, the implementation of which is important for securing property rights. Thus, the protection of property rights is carried out in legal proceedings, as well as in the way of challenging the decision, action or inaction of the state executor or other official of the state executive service. In order to ensure the execution of a court decision, which concerns property rights, the executor is obliged to take the measures provided for by the law regarding the enforcement of decisions, to carry out enforcement actions impartially, effectively, in a timely manner and in full. In the opposite case, the activity of the executor is subject to judicial control by filing a complaint with the civil court, which passed a decision that is subject to enforcement and concerns property rights. In addition, judicial control can be manifested by the court rejecting requests of the executor, which relate to a civil case on the protection of property rights. That is, judicial control over the execution of court decisions regarding property rights in civil cases can be carried out in two ways, each of which is ultimately aimed at protecting a person’s civil property rights.