Theoretical, legal and applied aspects of judicial control over the execution of court decisions in administrative cases

In the scientific article, the authors conducted a scientific study of the theoretical, legal and applied aspects of judicial control over the execution of court decisions in administrative cases. The scientific article indicates that judicial control over the activities of public administration is carried out both during the resolution of an administrative case by a court and during the execution of a decision of an administrative court, which satisfied an administrative claim and applied appropriate methods of protecting a right or legitimate interest that was violated by the contested decision, action or inaction of a subject of public authority. At the same time, judicial control over the execution of a court decision in administrative cases is carried out in two forms: a) obliging a subject of public authority to submit a report on the execution of a court decision; b) recognizing as unlawful the decision, action, or inaction of a subject of public authority committed in execution of a court decision in an administrative case. The reform of the institution of judicial control over the execution of court decisions in administrative cases in Ukraine, carried out in November 2024, primarily concerned the issues of determining the form of a case participant’s application for an obligation to submit a report on the execution of a court decision; establishing the obligation to carry out judicial control in pension and social administrative cases; more clearly defining the procedure for considering by the court an application for an obligation to submit a report on the execution of a court decision; determining the procedure for considering a report on the execution of a court decision and the procedure for making decisions based on the results of the relevant procedures. In other states, judicial control over the execution of court decisions in administrative cases is primarily carried out through the court’s assessment of the decisions, actions or inaction of the subject of public authority for their purpose of executing the court decision and through the application of sanctions to the subject authorized to execute the court decision (fine or payment of compensation payments in favor of an individual), as well as through the issuance of an administrative act, which the public administration body is obliged to issue in accordance with the court decision, by the court itself, in case of non-execution of the court decision in an administrative case.