If in order to "judge the pudding, you have to try it" as they say in the well-known English proverb, then for justice in various cases (criminal, civil, economic, etc.), the main test is the implementation of its final products - court decisions, court orders and other legal acts subject to execution (hereinafter - judicial acts), which establish certain rights and obligations.
The key to effective legal protection is achieving the desired results.
Therefore, it may be quite unexpected that only about two decades ago, sufficient attention was not paid to the enforcement of judicial acts both in national and comparative legal studies, and in the field of harmonization at the regional and international levels. This can be explained, at least in part, only by the fact that the dominant psychological attitude of the representatives of the legal profession involved in the resolution of the case was usually to focus attention on the delivery of a judicial act, while subsequent events were considered more or less personal. problems of the parties.
The situation has now changed. The existence of an enforceable judicial act does not imply an obligatory positive result of enforcement, which raises questions about general standards in the field of human rights protection.
The experience of different states, given in the brochure, will demonstrate the existence of not one, but several ways to overcome the slowness and inefficiency of execution in practice, and also that the possible solutions to the problem are varied, but they all ultimately are based on a delicate balance, along with other things, of the norms of executive the law and practice of their application, a high level of training and responsibility of various professionals involved in the implementation process, as well as the institutional and social systems in which these professionals are forced to carry out their activities.
To view the full article please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
