Судовий контроль за виконанням рішень у немайнових справах цивільного судочинства України

It is determined that the legislation of Ukraine, despite the recent update, still requires further development in terms of regulating judicial control over the execution of decisions in non-property cases of civil proceedings in Ukraine. In particular, in December 2024, the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of Provisions on Judicial Control over the Execution of Court Decisions» was signed, aimed at improving the existing legislative provisions on judicial control, which made significant adjustments to civil procedural legislation in terms of regulating the institution of judicial control, which necessitates the need to appeal to the updated provisions of the Civil Procedure Code of Ukraine. The following articles have been amended: 148, 264, 265, 353, 432, 435, 447, 448, 449, 450, 451. In addition, the Civil Procedure Code of Ukraine has been supplemented with articles 447-1, 453-1-453-4. In non-property civil disputes, the court, upon the request of the collector, will be able to oblige the debtor to provide a report on the execution of the court decision. In case of non-execution of the court decision, the debtor (or his manager) may be fined, etc. However, the wording of some provisions of the said law is of concern, given certain imperfections: the lack of definition of cases that will be considered exceptional and may be grounds for the court to initiate an extension of the period provided for resolving the case regarding decisions, actions or inaction of a state bailiff or other official of the state enforcement service, a private bailiff; failure to take into account the assessment of the circumstances of the case and the guilt of the person on whom the fine is imposed, the financial condition of individuals who may be defendants, debtors, and their social status; ignoring the issue of the content of the debtor’s report on the execution of a court decision in non-property cases, where the debtors are foreign persons, stateless persons; unjustifiably broad interpretation, which is possible, based on the text of part six of Article 453-4 regarding the establishment of a new deadline for submitting a report. Since it is established that in the event of failure to submit a report within the period established by the court, or in the event of submission of a report in violation of such a period and in the absence of good reasons that made it impossible to submit it on time, the court establishes a new deadline for submitting a report, without limiting the number of such renewals.