Ensuring Enforcement of Judgements through the Prism of Reforming Criminal Provisions
Bibliographic Data
| ID | 12969774 |
|---|---|
| Authors | Aliesia Mytnyk (Kremenchuk Mykhailo Ostrohradskyi National University, corresponding author), D I Syrota (0009-0007-0389-5240, Kremenchuk Mykhailo Ostrohradskyi National University), Tetiana M Slobodianyk (0000-0003-1838-5781, Kremenchuk Mykhailo Ostrohradskyi National University), V V Loktionova (0009-0005-4653-1194, Kremenchuk Mykhailo Ostrohradskyi National University), Oleksandr V Pleskun (Kremenchuk Mykhailo Ostrohradskyi National University) |
| Year | 2020 |
| Volume | 9 |
| Pages | 735-747 |
| Publication date | 2020-11-12 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Criminology and Sociology (JOURNAL) |
| Journal identifiers | ISSN: 1929-4409 • E-ISSN: 1929-4409 |
| Publisher | Lifescience Global (PUBLISHER • CA) |
| DOI | 10.6000/1929-4409.2020.09.69 |
| OpenAlex | W3106436797 |
| Language | EN |
| References cited | 10 |
The problem of ensuring the enforcement of judgements is pressing both at the national and global levels. In some countries, judgments are often enforced only in part or with long delays, and sometimes not enforced at all. One of the consequences of non-enforcement of judgements is the application of penalties for the failure to fulfil international obligations. This study intends to identify the main aspects of non-enforcement of judgments in Ukraine and the world and to outline the prospects for criminal law provisions regulating enforcement of national and international judgements on the example of reforming Ukrainian legislation. The object of research is criminal law provisions regulating the enforcement of judgements. The research methodology is due to the specifics of the object, which requires a comprehensive interdisciplinary approach involving a set of general and special methods of scientific cognition. The results of the study are related to the confirmation and refutation of hypotheses on sufficiency of international mechanisms to effectively ensure enforcement of judgements; the need to take certain actions at the national level to ensure the enforcement of judgements; the need for the legislative authorities to take certain actions at the national level; the need for the executive authorities to take certain actions at the national level; reasonability of criminalization of non-enforcement of judgments. The article contains a novelty that has theoretical and practical significance. In particular, the theoretical significance of the obtained results is that it is an original comprehensive study of enforcement of judgements of national and international judicial institutions through the prism of reforming criminal law, and offers a new concept of criminal law enforcement of judgements. The practical significance of the obtained results is that the presented data can serve as a guide for future work in this area, as well as legislative initiatives on criminal law enforcement of judgements in Ukraine and the world
Business · Economics · Enforcement · Law and economics · Law enforcement · Legislation · Legislature · Political science · Ukrainian · Law · Legal Studies and Reforms · Ukrainian Legal and Forensic Studies · War, Law, and Justice
The Reception by Domestic Courts of the Res Interpretata Effect of Jurisprudence of the European Court of Human Rights
Substantive and Procedural Criminal Law Protection of Human Rights in the Law of the European Convention on Human Rights
Delayed but not derailed
Domestic Implementation of European Court of Human Rights Judgments
Changing State Behaviour
Dialogue and the Implementation of the European Court of Human Rights' Judgments
The power of human rights tribunals
| Highly cited | No |
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