Trial penalty for non-execution of a judicial act (astreinte) - current issues of law enforcement practice

15 dec 2021
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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