Питання притягнення до кримінальної відповідальності у сфері виконання судових рішень

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 elements of a criminal offense under Article 382 of the Criminal Code of Ukraine. In particular, the author analyzes the objective side of the criminal offense under Article 382 of the Criminal Code of Ukraine and identifies its features. The author presents the positions of the Supreme Court in this category of cases and, based on the analysis of the existing case law, concludes that a criminal offense under Article 382 of the Criminal Code of Ukraine – failure to execute a court decision - cannot be committed through negligence, but only intentionally. Criminal liability established by Article 382 of the Criminal Code of Ukraine is one of the legal means of ensuring the enforcement of court decisions. The social danger of this criminal offense lies in the fact that its commission violates the constitutional provision on the mandatory nature of the execution of court decisions, undermines the authority of the judiciary, and restricts the rights and legitimate interests of citizens and legal entities. The article also points out the problematic issues in the field of enforcement of court decisions in Ukraine that have been the subject of consideration by the European Court of Human Rights, and provides examples of such decisions. The article emphasizes that the problem of non-enforcement of court judgments in Ukraine is systemic in nature, which undermines confidence in justice. At the same time, criminal liability for non-enforcement of court decisions under Article 382 of the Criminal Code of Ukraine has an effective potential, but is hardly ever implemented in practice. At the same time, unfortunately, our state does not fulfill the requirements of Article 6 of the European Convention on Human Rights and does not ensure effective enforcement of court decisions. The author concludes that criminal prosecution under Article 382 of the Criminal Code of Ukraine to a certain extent increases the chances of actual enforcement of a court decision.