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Title: Judicial control as a means of enforcement of judicial decisions in model cases: state and prospects in Ukraine
Authors: Pyvovar, Iryna
Kuzmenko, Oksana
Minka, Tetiana
Mykolenko, Olena M.
Pyvovar, Yuriy
Миколенко, Олена Миколаївна
Миколенко, Алена Николаевна
Citation: Journal of law and political sciences
Issue Date: 2020
Keywords: administrative legal proceedings
enforcement of judicial decisions
judicial control
judicial precedent
model case
typical administrative cases
Series/Report no.: ;Vol. 23, issue 2.
Abstract: The purpose of the article is to find out the status and tendencies of the development of the institute of model case in Ukraine and to check its compliance with international legal requirements, as well as to determine the effectiveness of enforcement of judicial decisions in model cases. It is emphasized that the mechanism of the institute of model cases in Ukraine is gradually gaining a set of characteristics of a judicial precedent and is becoming a model for lower courts, attorneys and citizens. In the existing state-legal mechanism for ensuring the enforcement of judicial decisions in model cases, judicial control is considered to be effective, which in the conditions of political competition of state executive bodies is able to act as an external authoritative and recognized instrument of state influence on the activity of these bodies, turning their way to recognition and respect of a human and a citizen, ensuring human-centricity and the rule of law in Ukraine. It is considered appropriate for the courts to use this method as a daily tool, to increase its frequency of application, in particular in the cases of the obligation of the authorities to submit a report on the enforcement of the judicial decision, especially in model cases. It is established that the existing process of enforcement of decisions in model cases in Ukraine only partially meets the requirements of the Consultative Council of European Judges.
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