Modernising Ukraine’s enforcement system: Insights from European practices
Keywords:
Court Judgments; Enforcement Procedure; Private Enforcement; Rule of Law; Judiciary; Legal ReformAbstract
The execution of judicial judgements is an indispensable element of the rule of law that guarantees proper implementation of court decisions. In this regard, the article aims to assess the effectiveness of enforcement mechanisms in Ukraine regarding its compliance with European norms. The study uses a multidisciplinary approach, combining a comparative legal analysis, dialectical and hermeneutic methods. As a result, it can be claimed that mixed and privatised enforcement systems are more effective, according to a comparative study of enforcement methods in Estonia, Lithuania, Germany, and the UK. The research also identifies institutional and legal obstacles to efficient enforcement in Ukraine, such as the ineffective bureaucracy of state enforcement agencies and the restricted authority of private enforcement personnel. Moreover, it is established that the effectiveness of court enforcement should be improved by restructuring Ukraine's enforcement system by enhancing the role of private enforcement agencies, increasing regulatory control, and adopting best practices from EU practice.
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