October 26, 2023. In Odesa, a cross-sector event was held, focusing on the crucial institution of reporting on the enforcement of court decisions. The event, organized by NGO MEC "Pro Justice" in collaboration with the South-Western Commercial Court of Appeal with the support of the EU "Pravo-Justice" project, brought together representatives from three jurisdictions: judges, lawyers, parties to the proceedings, and enforcement officers.
Participants had the opportunity to discuss key aspects of this mechanism. During the event, the results of a study conducted within the framework of the "LAP and JC" grant project were presented. By surveying 460 respondents, researchers identified the reasons for non-compliance with decisions, the level of awareness among participants, and the real effectiveness of judicial oversight.
The tone for the discussion was set by Iryna Kohut, head of the "Enforcement of Court Decisions and Protection of Property Rights" component of the EU "Pravo-Justice" project, who emphasized the importance of empirical data for evaluating this mechanism. The research findings were presented by the authors, Roman Chumak and Olena Fonova.
Key Challenges and Proposals
During the discussion, representatives from different jurisdictions shared their experiences and perspectives. Supreme Court judges Vitaliy Zuyev and Yuriy Chumak noted the increasing workload on courts and the difficulties in enforcing decisions due to moratoriums and bankruptcy procedures.
Within the administrative jurisdiction, judge Ella Katayeva shared her experience with establishing reports in pension cases, while Serhiy Izobilin, a representative from the Main Department of the Pension Fund of Ukraine, pointed to the main problem: a lack of funding. Lawyer Oksana Krutoholova noted that the increase in the number of control orders does not always lead to actual enforcement, and private enforcement officer Valeriy Prytulyak added that the state is not yet ready to transfer such cases to the private sector.
In the private law block, judge Yuliya Skryl drew attention to issues with the quality of applications, while Nataliya Pryntsevska and Liliya Hrabovan from the commercial jurisdiction shared their positive experiences, emphasizing that even a few decisions enforced through this procedure are a significant result. Lawyer Kateryna Karmazina explained that the institution is rarely used by lawyers due to a lack of training and imperfect legislation.
In conclusion, professor Tetyana Stepanova stressed the need to strengthen the accountability of enforcement officers. Moderator Diana Yakovleva noted that, despite all the shortcomings in the legislation, society's main hopes are still placed on the courts.
The event confirmed that judicial oversight must be an effective tool, not a mere formality, as every enforced judgment is a step towards strengthening public trust in the justice system.