SPECIFICS OF ENFORCEMENT OF COURT DECISIONS ON REINSTATEMENT AT WORK: ANALYSIS OF JUDICIAL PRACTICE

Abstract

The article provides a comprehensive theoretical and legal analysis of the challenges inherent in the enforcement of court decisions concerning the reinstatement of employees who were unlawfully dismissed in Ukraine. It is noted that only 40-45% of such decisions are fully enforced within the specified timeframes, significantly complicating the realization of an employee’s right to work as guaranteed by the Constitution of Ukraine. The article identifies the specific organizational and administrative actions required from employers, such as issuing reinstatement orders, actual admission to the workplace, and the creation of appropriate working conditions. It examines the difficulties of real enforcement, caused by formal compliance or obstruction by employers, transferring employees to other departments without meaningful admission to work, and asset withdrawals by enterprises, which effectively block the execution of the court decision.Particular attention is devoted to the systemic shortcomings of the existing accountability model for non- compliance with court decisions. Despite the existence of sanctions in the Criminal, Administrative Codes, and relevant legislation, actual enforcement through real liability is rare. Fines, arrests, and other measures often fail to economically incentivize unscrupulous employers to fulfill the rulings, especially when significant amounts and lengthy periods of forced unemployment are involved.The review of judicial practice highlights key Supreme Court of Ukraine decisions that expose various legal tactics for evasion and sabotage of reinstatement orders, and the necessity of strengthening employee procedural protection throughout enforcement. The article separately addresses recommendations for improving legal regulation: enhancing monitoring of enforcement, detailing organizational procedures, developing unified standards for admission to the workplace, creating mechanisms for public monitoring of the enforcement of court decisions, expanding the range of possible sanctions, empowering self-regulating organizations and trade unions.The article emphasizes that effective enforcement of reinstatement decisions is a critical factor for optimizing the labor market, upholding social guarantees, strengthening legal order, and increasing public trust in the judiciary as a guarantor of justice in employment relations.