Immediate execution of court judgments: specific aspects

Authors

  • Oleksandr Pleskun candidate of legal sciences, associate professor, associate professor of the Department of Fundamental and Branch Juridical Sciences, Faculty of Law, Humanity and Social Sciences, «Kremenchuk Mykhailo Ostrohradskyi National University», Ukraine https://orcid.org/0000-0001-6152-4957
  • Tetiana Slobodianyk candidate of legal sciences, associate professor, associate professor of the Department of Fundamental and Branch Juridical Sciences, Faculty of Law, Humanity and Social Sciences, «Kremenchuk Mykhailo Ostrohradskyi National University», Ukraine https://orcid.org/0000-0003-1838-5781

DOI:

https://doi.org/10.61345/1339-7915.2025.2.23

Keywords:

enforcement proceedings, immediate enforcement, court decision, claimant

Abstract

For the administration of justice, an important role in the judicial process is played not only by the court hearing itself and the issuance of a court decision but also by its timely, high- quality, and effective enforcement. This is especially relevant in cases where a person’s rights and legal interests require immediate restoration and protection, as delays can lead to even greater violations of those rights and interests. Therefore, legislation provides for the institute of immediate enforcement of court decisions, which is aimed at ensuring a accelerated process of protecting the claimant’s rights without unnecessary procedural delays.

The article comprehensively discusses the legal foundations and peculiarities of applying the mechanism of immediate enforcement, analyzes the normative legal acts regulating this sphere, and examines the main issues faced by courts, parties to the process, and enforcement authorities in implementing this institute in practice. Particular attention is given to issues arising even at the stage of judicial review of cases subject to immediate enforcement, including procedural complexities, criteria for applying such enforcement, and risks associated with maintaining a balance between the expediency of enforcement and adherence to fundamental principles of legality, justice, and individual rights.

The authors identify existing gaps in current legislation and judicial practice, which sometimes complicate the effective application of the institute of immediate enforcement, and propose specific recommendations for improving legal regulation and practical mechanisms. Overall, the research emphasizes that the swift and high-quality enforcement of court decisions not only ensures prompt legal protection but also contributes to the stability of legal relations in society. It enhances the efficiency of the judicial system, demonstrating its ability to respond to citizens’ needs. Moreover, timely enforcement of decisions strengthens trust in state institutions and supports the rule of law.

References

Labour Code of Ukraine: Law of Ukraine dated 01.01.2025 № 50, Art. 375. URL: https://zakon.rada.gov.ua/laws/show/322-08#Text.

On Enforcement Proceedings: Law of Ukraine dated 09.02.2025 № 30, Art. 542. URL: https://zakon.rada.gov.ua/laws/show/1404-19#Text.

On Combating Tuberculosis in Ukraine: Law of Ukraine dated 14.07.2023 № 87, Art. 322. URL: https://zakon.rada.gov.ua/laws/show/3269-20#Text.

On the Judiciary and the Status of Judges: Law of Ukraine dated 25.04.2025 № 31, Art. 545. URL: https://zakon.rada.gov.ua/laws/show/1402-19#Text.

Civil Procedure Code of Ukraine: Law of Ukraine dated 09.04.2025 № 40-41, 42, Art. 492. URL: https://zakon.rada.gov.ua/laws/show/1618-15#Text.

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Korchevna L.O. On Problems of Enforcement of Court Judgments in Ukraine. Legal Dimension of Constitutional and Criminal Jurisdiction in Ukraine and the World: The 3rd Legal Readings: Materials of the Jubilee All-Ukrainian Remote Scientific Conference (Odesa, April 10, 2020). – Odesa: Phoenix, 2020. pp. 80-84.

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Published

2025-08-11