Guidelines of the European Commission on the efficiency of justice and their impact on the enforcement of decisions in Ukraine

The article analyzes the Guidelines developed by the European Commission for the Efficiency of Justice (hereinafter referred to as the European Commission), in particular, the rule of law, reasonable time limits for enforcement proceedings, the principle of territoriality and recommendations for their implementation in Article 2 of the Law of Ukraine “On Enforcement Proceedings”. The extent to which these principles are consistent with the content and purpose of enforcement in Ukraine remains a matter of debate, but the improvement of the unadopted Draft Law No. 5660 continues, so scientists should continue relevant research. The authors express their opinions on the possibility of implementing these principles in enforcement proceedings in Ukraine as a post-judicial mechanism for protecting and restoring the rights of individuals and legal entities. Many scientists recognize the enforcement process in Ukraine as an independent branch of legal science. Scientists should formulate the principles that are its individualized feature and after a public discussion of their hypotheses, they should be introduced into the Draft Law No. 5660. Therefore, the authors argue that the executors should act within the principles of legality, legal certainty, that is, act within the optimal terms, the maximum term of which should be regulated by law, they express their vision of the principle of territoriality, in particular, the expediency of the existence of a mixed system of forced execution of decisions at this stage. Regarding the principle of the rule of law, the authors agree with the position of the Venice Commission that it should be perceived as a way or means of combating the absolutism of power. And only the court, when considering cases, can act within the principles of the rule of law; if it comes to the conclusion that a law or other legal act contradicts the Constitution of Ukraine, then it applies its norms as norms of direct effect. Therefore, we consider it appropriate to strengthen the argumentation in support of our own concepts in order to remove the debate on this issue and make appropriate changes to the final version of Draft Law No. 5660. The publication of this article should arouse the interest of scientists in the mentioned issues and provoke a public discussion on the proposals made to improve the legislation on enforcement proceedings.