Trial penalty for non-execution of a judicial act (astreinte) - current issues of law enforcement practice
15 dec 2021
SOURCE:
JURISPRUDENCE IN THEORY AND IN PRACTICE: CURRENT ISSUES AND MODERN ASPECTS
Gulyaev G.Yu.
collection of articles of the XI International Scientific and Practical Conference. Penza, 2021
Publisher: Science and Enlightenment (IP Gulyaev G.Yu.) (Penza)
KEYWORDS:
ASTREINTE, TRIAL PENALTY, EXECUTION OF OBLIGATIONS IN KIND, NON-EXECUTION OF A JUDICIAL ACT, LAW ENFORCEMENT
ANNOTATION:
In the publication, the issues arising in practice related to the application of a court penalty (astreinte), enshrined in Article 308.3 of the Civil Code of the Russian Federation are considered. The genesis of the development of this institution in domestic legislation, as well as foreign law enforcement practice, is briefly considered. The analysis of a number of controversial situations that have arisen in practice related to the use of astrent, taking into account current judicial practice, is carried out. Options for reforming this institution are proposed.
Trial penalty for non-execution of a judicial act (astreinte) - current issues of law enforcement practice
SOURCE:
JURISPRUDENCE IN THEORY AND IN PRACTICE: CURRENT ISSUES AND MODERN ASPECTS
Gulyaev G.Yu.
collection of articles of the XI International Scientific and Practical Conference. Penza, 2021
Publisher: Science and Enlightenment (IP Gulyaev G.Yu.) (Penza)
KEYWORDS:
ASTREINTE, TRIAL PENALTY, EXECUTION OF OBLIGATIONS IN KIND, NON-EXECUTION OF A JUDICIAL ACT, LAW ENFORCEMENT
ANNOTATION:
In the publication, the issues arising in practice related to the application of a court penalty (astreinte), enshrined in Article 308.3 of the Civil Code of the Russian Federation are considered. The genesis of the development of this institution in domestic legislation, as well as foreign law enforcement practice, is briefly considered. The analysis of a number of controversial situations that have arisen in practice related to the use of astrent, taking into account current judicial practice, is carried out. Options for reforming this institution are proposed.
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