Правозастосовчі акти як елемент правового механізму судового контролю: теоретико-методологічний аспект

The article carries out a theoretical and methodological study of law enforcement acts of judicial control as a legal mechanism in the administrative proceedings of Ukraine. The relevance of the research topic is stipulated, inter alia, by the fact that judicial control over the enforcement of court decisions in administrative proceedings may be considered not only as a tool for verifying the legality of actions of public authorities in enforcement proceedings (process, legal institution, justice function or form of its implementation), but also as a legal mechanism for ensuring the enforcement of court decisions, which is a key element of the rule of law principle. The research methods were chosen taking into account the purpose and objectives of the study. Among other things, the author used dialectical, formal and logical, hermeneutical, and comparative methods. Particular emphasis is placed on the law enforcement acts of judicial control - court decisions and procedural actions which allow the court to control the actual implementation of decisions made after they are adopted. The article offers the author’s own vision of the concept of law enforcement acts of the legal mechanism of judicial control, and highlights their main features, content and functional purpose. The author classifies law enforcement acts of judicial control by the criteria of legal significance and by the form of external expression. The author analyzes the types of law enforcement acts adopted by courts of different instance jurisdictions within the framework of the legally defined forms of judicial control. The author provides a number of legal opinions of the Supreme Court which have a direct impact on the law enforcement practice of courts in the course of their judicial control over the execution of court decisions. The author suggests that the law enforcement acts of the legal mechanism of judicial control should include, inter alia, decisions of the Constitutional Court of Ukraine and decisions of the European Court of Human Rights. The materials of the study may be useful for further research on the topic of judicial control as a legal mechanism, as well as for formulating proposals for improving the legal regulation of legal relations in the field of enforcement of court decisions.