НЕИЗВРШЕЊЕ СУДСКИХ ОДЛУКА ПРОТИВ ДРЖАВЕ: ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДКСА ПРАВА
NON-ENFORCEMENT OF DOMESTIC JUDGMENTS AGAINST A STATE: CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: The paper analyzes how and in what way non-execution of domestic court decisions against the state affects human rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The rights affected by this state action are the right to a fair trial and the right to property. In addition to them, the question of the absence of an effective legal remedy in such cases will often arise. The practice of the European Court of Human Rights shows that states enjoy a certain field of discretion and can delay execution for certain reasons. At the same time, the lack of funds for execution on the part of the state is not a valid reason to justify non-execution. The same applies to complicated legislation because the state itself created such a legal framework. The first and what seems to be the most important cases for the subject of this paper are the cases against Russia and Ukraine, in which certain principles were established that are applied in similar cases. Finally, it is important to determine how long the state can delay execution. Jurisprudence shows that a delay of up to eight months can be considered reasonable, if it concerns rights that are not of particular importance to individuals. If, however, it concerns rights that are extremely important for individuals (eg rights related to home and housing), then this period will be shorter, and a delay of even six months will be considered unreasonably long

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