Claims for the recognition of unlawful decisions

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The presence of special norms in the CAS of Ukraine aimed at ensuring the proper execution of a court decision excludes the possibility of applying the general judicial procedure for protecting the rights and interests of the claimant by filing a lawsuit. Judicial control over the execution of a court decision is carried out in accordance with the procedure provided for by the CAS of Ukraine, which does not provide for the possibility of filing a separate lawsuit, the subject of which is inducing the defendant to execute the court decision.

Therefore,, actions or inactions of a subject of public authority that were taken (committed or not special database committed) in order to implement a court decision are not considered in separate legal proceedings.

A similar conclusion regarding the application of procedural law norms is set forth in the resolutions of the Supreme Court dated 02/20/2019 in case No. 806/2143/1517, dated 04/17/2019 in case No. 355/1648/15-а, dated 08/21/2019 in case No. 295/13613/16, dated 08/22/2019 in case No. 522/10140/17 and dated 11/21/2019 in case No. 802/1933/18-а, dated 03/30/2021 in case No. 580/3376/20.

In fact, the court cannot oblige to execute the court decision by adopting a new court decision, since enforcement proceedings are the final stage of judicial proceedings.

A similar legal position is expressed in the resolution of the Grand Chamber of the Supreme Court dated 01/16/2019 in case No. 686/23317/13-а, dated 02/06/2019 in case No. 816/2016/17, as well as in the resolutions of the Supreme Court dated 02/20/2019 in case No. 806/2143/15, dated 12/11/2020 in case No. 826/13146/18.


But regarding the limitation of consular services, it is possible to contact private notaries abroad, to make notarial translations of documents and apostilles through them.

But this is also not always possible and not always an option.

I know, I made few people happy. But it is necessary to understand the realities of life and monitor whether the draft law 10449 will be adopted or not.

In this article, I told what will happen to those Ukrainians who are now abroad if they do not show up at the TCC and if they accept bill 10449. I will cover the rest of the questions in the following videos.