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Responsibility for non-enforcement of a court decision. Non-enforcement of a court decision by an individual

In some cases, state protection of the interests and rights of citizens and organizations is ensured by a court decision. Entered into force, this act is binding. The legislation provides for liability for failure to comply with a court decision. Next, consider what the violation of the requirements is fraught with. non-enforcement of a court decision

General information

A court decision may be issued in the form of a decision, ruling, order, and so on. It is mandatory for compliance with state and local authorities, institutions and enterprises of various ownership forms, citizens, officials. The provisions of the regulations apply throughout the country. Failure to comply with a court decision by an individual or organization creates obstacles to ensuring guaranteed state protection, excludes the possibility of restoring violated rights, or compensating for damage. Violation of the instructions entails the release of the perpetrator or defendant from the consequences of his act.

What does binding mean?

This term should be understood as the need for all entities in the country to coordinate their actions with the findings of the court on the reviewed and resolved legal relationship. Obligation provides for unquestioning obedience to them. Revision of a decision that has entered into force may be carried out only by a higher court within the framework of supervisory review proceedings or, if there are grounds specified in the legislation, by the very authority that issued the determination. Local and state authorities are obliged, in the case of citizens or organizations, to draw up and register the rights established in the resolution, as well as contribute to their implementation. The court decision must be executed by the defendant voluntarily. When evading this obligation, coercive measures may be applied to him.

Limits of Obligation of the Parties Not Participating in the Case

They are different and are set in accordance with the type and nature of the dispute. Thus, a judicial decision on recognition of property rights for a certain person becomes binding on all local and state authorities, employees, other citizens in the country, and sometimes beyond its borders, without exception. The determination regarding the postponement of the proceedings and the appointment of a date for a new hearing is mandatory directly for the court itself, which passed it, the participants in the process, including witnesses, translators, and so on.

Normative base

Citizens who have ever filed a lawsuit know that winning a trial is only half the success. For the final restoration of their rights, it is still necessary to achieve the implementation of the resolution. The Federal Law governing the activities of the judiciary determines that decisions, orders, instructions, requirements, challenges and other appeals from world, federal, and regional courts are binding on all, without exception, entities located in the Russian Federation. the court's decision

Industry Regulations

In Art. 392 of the Code of Criminal Procedure, it is established that non-enforcement of a court decision entails the consequences specified in Art. 315 of the Criminal Code. Art. 13 Code of Civil Procedure and Art. 16 agribusiness recorded a similar position. In article 31.2, the Code of Administrative Offenses establishes that a decision that has entered into force is subject to implementation from the moment it enters into force (legal force). Failure to comply with a court decision shall be recognized as a manifestation of contempt of the authorized body that issued it.

Forms of Violations

Failure to comply with a court decision may manifest itself in various forms. For example, the organization did not dismiss an employee who was prohibited by regulation from the activity or position. Or the company’s management, by a court decision, did not reinstate the employee who was suspended illegally, did not recover damages, and so on. statement of default

Coercive Measures

The federal laws provide for certain consequences for failure to comply with a court decision, order, call, order, determination and other treatment. So, for ignoring the chairman’s warning, repeated violation of the rules of stay in the meeting room, the guilty person is removed from it. In this case, the court may impose a fine on the violator. For non-enforcement of a court decision by an employee of a state or local authority, institution, enterprise of any form of ownership, a penalty is provided in accordance with the Criminal Code of the Russian Federation.

Signs of malice

Today, the law determines that not every failure to comply with a court decision may result in criminal liability. Such coercive measures can be applied only in case of persistent unwillingness to follow the adopted act. In this regard, in Art. 315 A sign of malice was added. If there is a criminal, and if not, an administrative (disciplinary) responsibility. Maliciousness can be manifested either in a prolonged failure to execute a decision, decision, sentence or other judicial act, or in failure to comply with prescriptions despite the requirements of the relevant authorities. non-enforcement of a court decision by an individual

Inaction and action

Failure to comply with decisions may result in the commission or imperfection of any behavioral acts. So, inaction is not following the procedural requirements. In particular, there may be a failure to enforce the judgment by the bailiffs. In this case, as a rule, the requirement of damages plaintiff defendant. I must say that the failure of the bailiff to comply with the court decision may be justified, have good reasons. Such situations, however, are extremely rare in practice.

Frequent are cases of inaction of officials, expressed in leaving without a motion a writ of execution on the return of property, recovery of amounts from a subordinate, prohibition of work, and so on. Failure to comply with the decision may also occur in the commission of some behavioral acts. In particular, this refers to a violation of prohibitions and prescriptions in the determination. For example, despite the court’s decision to deprive the defendant of the right to continue working in the enterprise, the management does not remove him from his post, takes him to work or creates conditions for its performance by a citizen. court bailiff's failure to comply

Important point

Obstruction of the execution of a decision, sentence and other court act is manifested solely in actions. They are aimed at interfering with the implementation of established requirements and requirements. For example, it can be a renaming of a position that a citizen cannot occupy by a court decision, while maintaining the employee’s previous functional duties.

Consequences of Violations

They can be unpredictable and very different in nature. However, the main consequence is that the purpose of the judicial act remains unreached. As a result, the party that seeks protection remains virtually in a disadvantaged position. Untimely execution, as well as evasion from it, in any case undermines the authority of the court. penalty for non-enforcement

Compensation Act

For each specific case, it is important to determine the moment at which the judicial act must and can be executed. It is with this that the beginning of the period when the use of the mechanism of coercion is possible will be connected. In resolving the problem regarding the proper execution of court decisions, rulings, decisions and other acts, the adoption of Federal Law No. 68 is considered.It provides for compensation for a violation of the right to a judicial act or to a trial within a reasonable time.

It was adopted in 2010. An application for non-enforcement of a court decision within a reasonable time shall be submitted to the appropriate authorized body (arbitration or other authority) before the completion of the proceedings for the implementation of the decision, determination or other act. However, this should be done no later than six months from the date of expiry of the period established by federal law for the implementation of orders, or no later than six months from the date of completion of proceedings for the execution of the act. non-enforcement of a court decision by bailiffs

Finally

The implementation of decisions, determinations, orders, orders and other judicial acts is of particular importance in the process of establishing law and order in a democratic state. Proper observance of the requirements not only confirms their strength and ability to influence the behavior of citizens and organizations, state and local authorities. The execution of acts acts as the main element of judicial protection, which is guaranteed to all entities without exception located in the country, and in some cases beyond its borders.

Moreover, we can say that following the instructions contained in the adopted acts is considered the basis of justice. This point is explained by the fact that no matter how fair the decision, without proper execution, it loses its meaning. The timeliness and effectiveness of the implementation of the requirements contained in such acts indicate the reality of ensuring the protection of the legitimate interests and rights of any entity who has applied to the appropriate authority.


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