How to understand Article 13 of the Code of Civil Procedure? What it is? What is a binding order? What does the code relate to rulings? How does the law evaluate other volitional decisions of a judge? What are the consequences of a failure to enforce a judicial act?
Legislative regulation
Art. 13 Code of Civil Procedure acts in conjunction with other provisions of the law and is of a reference nature. The form of presentation of the judgment is affected, which is regulated by completely different provisions of the Code of Civil Procedure.
The same can be said about the legalization of acts of foreign judicial institutions.
Responsibility for non-compliance is regulated by the norms of various legislative acts. First of all, the Criminal Code comes to mind. It refers to officials and a number of employees of non-governmental organizations.
The norms of the Code of Administrative Offenses also work, which, one way or another, affect the creation of obstacles in the activities of the bailiff.
It does not affect ordinary citizens. In other cases, the penalty procedure by imposing a fine is prescribed directly in the Code of Civil Procedure.
The result of the exercise of the powers of a judge
Art. 13 Code of Civil Procedure establishes a single status of judicial decisions: decisions, rulings, orders taken by judges individually and collectively. All of them are subject to obligatory execution. Officials and citizens have the right to ignore them if they are canceled. By their strength they are equated with the law.
Substantial importance is attached to other actions and orders of the court, which are not included in the list of decisions. For example, an order to postpone a court hearing, to remove participants from the trial or witnesses, etc. Ignoring both those and other actions entails responsibility.
Execution of decisions is organized in accordance with the law. Each judge, in particular, has samples of court orders and other documents so that you do not have to waste time creating standard papers from scratch.
Who is affected by judicial acts?
All enterprises, organizations, authorities are obliged to strictly execute judicial acts. The responsibility of the authorities is transferred to employees who ensure the performance of the relevant functions.
For example, the court issued a ruling on the forced drive to question a witness or other person. Having received the document, the head of the department of internal affairs of the corresponding region organizes its implementation. It cannot be ignored, otherwise serious problems will arise. Art. 13 GIC is performed by all without exception. Another thing is that the quality of performance is poor.
Judges are no exception. For example, a cassation or supervisory judge decided to request the case for further investigation along with the complaint.
The magistrate or district court must send the case file within the prescribed time. There is no doubt that he will be sent, the only question is whether they will be on time.
The law emphasizes the binding actions of judicial acts throughout the country in part 2 of article 13 Code of Civil Procedure of the Russian Federation. For example, a justice of the peace who has sent a request to another region - to a court or organization, has the right to expect its timely execution.
A special procedure for procedural actions is provided if the materials are sent abroad. There, interaction is provided through the Ministry of Foreign Affairs.
Private definition
Art. 13 Code of Civil Procedure of the Russian Federation is closely connected with the legal institution of private definitions. They are issued by the courts in case of violations in the work of organizations and officials, and transferred to higher organizations or supervisory bodies.
For example, if the head of the internal affairs department did not fulfill the order or evaded his execution, the judge sends the determination along with the materials to the internal affairs department, to a higher structure. Similarly, action is taking place with other government officials.
How does Art. 13 Code of Civil Procedure of the Russian Federation affects enterprises and organizations of private ownership? If, for example, a violation of the sanitary or labor legislation is revealed, the materials are sent to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the labor inspectorate or the prosecutor’s office, depending on their authority and sphere of activity. A one-month period is given for the implementation of a private determination.
Legality of failure
Rejection of a court request is considered legal if the authority of the organization or official does not include the actions requested by the court. For example, archives do not provide references related to criminal proceedings. This is included in the prerogatives of the information center of the Ministry of Internal Affairs.
If the order cannot be fulfilled due to objective reasons, for example, the requested information is not available from the addressee, or the desired actions were taken by the police or other persons, but did not bring any result, this is not a violation of the rule of binding order.
This happens to debtors for child support, fines, etc.
The consequences of non-enforcement of property decisions
Take a court order as a model. The debtor did not submit an application for its cancellation on time or, after submitting the application, did not substantiate the validity of missing the deadlines, and the judge refused him.
The result will be the inevitability of debt collection through the FSSP. At the request of the collector, proceedings are instituted, seizure is imposed on the accounts, or funds are debited from the accounts, or his property is sold.
The debtor who refused to pay the debt on time will also pay a percentage of the amount collected as an enforcement fee.
Administrative responsibility
The Code of Administrative Offenses introduced an article for counteracting the lawful activities of a bailiff, concealing property income, and not providing the requested information. It concerns citizens and, in part, officials.
The fines imposed by the court for disrespectful behavior, for refusing to issue the requested evidence, are prescribed in the procedural codes. Other consequences may be provided.
The imposition of a fine or other punishment does not exempt from the obligation to perform the actions requested by the bailiff.
Criminal liability
Consider Art. 315 of the Criminal Code. Whom does she concern:
- officials of municipal and state organizations;
- employees of non-governmental organizations and enterprises.
For example, a court ruled to recover wages or reinstate an employee. The director or other persons who are not necessarily related to the execution of the court decision either avoid paying money and admitting the employee, or create any obstacles.
In the case of officials, the reasons for attracting: delaying the consideration of applications, illegal and unreasonable refusals to accept applications, etc.
The described article includes a wide range of punishments: from a fine and a ban on engaging in certain types of activities on a professional basis to imprisonment for a term of 2 years.
Evidence of failure
It is difficult to prove such actions. The reason for formally criminal actions may be accidents, actions of other citizens and other circumstances.
Claims are filed if the violation is ongoing and, despite the measures taken, warnings, the situation cannot be corrected.
The basis is, first of all, materials and FSSP: reports, decisions on bringing to administrative responsibility.
It is easier to prove the violation when it comes to money, enforcement proceedings have begun, but there is no reaction from the defendant.If, however, only a court order is in hand, but no measures are taken to enforce it, accordingly, they will not hold anyone accountable.
Art. 13 Code of Civil Procedure of the Russian Federation with comments at the moment is based on this approach.