Direct Effect of the Constitution of Ukraine in Focus: Access to the Justice and Judicial Control of the Enforcement of Judgment

Proper enforcement of court decisions is part of the general concept of access to justice, as it involves the restoration of violated rights by third parties or public authorities. From the point of view of the supremacy of the constitution and their direct effect, the article analyzes the enforcement of court decisions in relation to access to justice. The first part reveals the relationship between constitutional and international standards of access to justice. The second part highlights the main components of access to administrative justice. The third part of the paper analyzes the standards of due process and judicial control over the execution of court decisions. Since we are talking about judicial control over the execution of a court decision and the execution of such a decision as ways of achieving results for persons who have applied for protection of their rights with a lawsuit, it is worth focusing on the applicants. Such in the enforcement proceedings will be the parties to the enforcement proceedings, or rather one of the parties - the claimant. Access to justice in the context of the principles of constitutional and international law is interpreted on the grounds that the right to judicial protection is not absolute and may be limited on the basis of proportionality, in particular for reasons of procedural economy, efficiency and effectiveness of legal protection. The concept of access to justice follows from the understanding of the rule of law and Rechtsstaat in their relationship. The components of access to justice are the following: 1) pre-trial settlement procedures, in particular mediation; 2) access to legal aid and court fees; 3) terms of consideration of the case; 4) the procedure for appealing court decisions; 5) efficiency and effectiveness of execution of court decisions. Together, they form the notion of access to justice, which is complete provided that court decisions are effectively enforced within a reasonable time. This is influenced by a number of institutional and procedural factors that depend on the degree of development of the legal culture of society.