Enforceability as a Characteristic of a Court Decision in Criminal Proceedings

It is legally established that court decisions in criminal cases must be lawful, substantiated, reasoned, fair (verdicts), and are subject to mandatory enforcement. Procedural legislation does not contain a separate provision regarding the enforceability of court decisions; however, it does stipulate the mandatory nature of judicial acts. The article analyzes approaches to defining the concept of enforceability of court decisions, argues that enforceability is an important characteristic of a court decision, examines the legal regulation of the enforcement of court acts in criminal proceedings. The paper highlights the existence of a number of theoretical and normative problems negatively affecting law enforcement practice, and notes the lack of comprehensive research on the subject matter. Purpose: To analyze the problems of enforceability of court decisions in criminal proceedings. Methods: comparative analysis is used to compare the legal regulation of the enforceability of court acts in civil, administrative, and criminal cases; formal and dialectical logic is applied to identify problems in legal regulation; interpretation of legal norms is used to explain the meaning of the term “enforceability of court decisions” and other related terms. Results: The article concludes that there is currently a legislative possibility in criminal proceedings for the non-enforcement of certain court decisions with minimal risk of criminal liability.