Administrative liability for failure to comply with a writ of execution. What is the offense? What is a court decision and forms of non-execution of a judicial act

A court decision made in favor of one of the parties to the proceeding is binding. Ignoring these requirements is a socially dangerous act, which is named in Art. 315 of the Criminal Code by failure to comply with a sentence or court decision.

What are the dangers of non-compliance?

According to the law “On judicial system RF", as well as standards procedural law, all court decisions are binding on everyone without exception. Underneath everyone in this case are understood:

Individuals and legal entities;
public associations;
officials;
local government bodies;
government departments.

Also, judicial acts are subject to strict execution. That is, performing exactly those actions and in those volumes as indicated in the document. But only in the case when the act has already entered into legal force. If this happens, and the decision is not implemented, then we can talk about a violation of the law.

The crime provided for in Article 315 is not committed against the person who wins the trial. The object of the offense will be the interests of justice. This is dangerous because similar actions, along with causing harm to the other party, violate the principle of universally binding judicial acts and call into question the authority of the judiciary.

Not every act issued by a court can be considered the object of a crime. It's about only about those of them that have entered into legal force. It could be:

sentence;
solution;
definition;
resolution;
order.

The timing and procedure for the entry of these acts of the court is regulated by the norms of procedural legislation: criminal, civil and arbitration. What they have in common is the possibility of appealing the decision within a specified period. If the parties do not take advantage of it, then the act comes into force after the period for appeal has expired. IN otherwise The court's acts will have legal force from the moment the decision is made by the appellate or cassation instance.

What is the offense

In Art. 315 of the Criminal Code refers to malicious non-execution or obstruction of the execution of a sentence, decision or other act of the court. This definition includes:

refusal to act (inaction);
committing actions that do not coincide with those prescribed by the court;
repeated refusal to perform.

In order for such actions to become a crime, the person who commits them must act with intent. If the reason for non-execution of a sentence or court decision is any objective circumstances, then it is impossible to talk about the commission of a crime. Consequently, liability for such an offense will not be criminal, but something else, for example, disciplinary.

Crime prescribed by Art. 315 of the Criminal Code, is ongoing, that is, extended over time. It begins at the moment of non-fulfillment (malicious) and ends either with prosecution or compliance with court requirements. This differs from, say, theft or kidnapping. Judicial practice under Article 126 of the Criminal Code of the Russian Federation recognizes this crime as completed at the time of its commission.

The concept of malice, without signs of which an offense is not a crime, refers to evaluative ones. There is no exact definition in the code. Therefore, in practice, before making a decision under Art. 315, it is important for the court to examine all the circumstances to identify such a sign. In this case, the presence of intentional guilt will play a major role. But the motives that led to such actions, on the contrary, are not taken into account.

Who will be responsible

Any participant in the process can allow the non-execution of court sentences, decisions and acts. But not everyone faces criminal liability. Composition of the crime Art. 315 of the Criminal Code refers to special ones. The list of persons who can be brought under this article is limited:

representatives of the authorities;
state and municipal employees;
employees of institutions;
employees of commercial organizations.

Of course, that's all specified persons are subject to liability only if their official duties include performing actions aimed at executing a sentence or other act of the court. Individuals are not subject to this article.

However, one should not assume that failure by citizens to comply with court decisions and sentences will not have any consequences. Such actions, or, conversely, their absence, form elements of other crimes. For example, malicious evasion of alimony payments then entails liability under Art. 157 of the Criminal Code, etc.

Consequences of failure to comply with a sentence or court decision

Ignoring acts issued by the judiciary undermines its authority and casts doubt on the basic principles of justice. Such actions, due to their obvious danger to society, fall under the concept of a crime. Consequently, liability for them is primarily criminal. In Art. 315 of the Criminal Code of the Russian Federation lists its main forms:

fine;
deprivation of the right to hold certain positions;
compulsory work;
forced labor;
arrest, imprisonment.

Criminal liability does not exclude others adverse consequences for someone guilty of breaking the law. For a government employee or municipal institution, a commercial organization may face disciplinary liability, up to and including dismissal.

If failure to comply with a sentence, decision or court order has resulted in damage to the other party, for example, demolition of an unauthorized building on time, then you can receive compensation in the following manner: civil proceedings. But to do this, the plaintiff will have to prove that the damage was caused precisely by the malicious inaction of the official.

How to bring the offender to justice

Achieving compliance with a sentence or court decision is sometimes no less difficult than winning yourself trial. Bringing to criminal liability under Art. 315 of the Criminal Code of the Russian Federation is one of the ways to achieve this. shows that the implementation of this norm is becoming increasingly in demand.

Inquiries into cases of such crimes are carried out in accordance with Art. 151 of the Code of Criminal Procedure of the Russian Federation by service bailiffs (FSSP). You should contact the head of this service with a statement indicating which official is allowing the non-execution of a court decision that has entered into legal force.

In addition to the requirement to prosecute an official government agency authorities, through whose fault the court decision is not executed, the injured party has the right to demand compensation for this. This opportunity is provided to her by the law “On compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time.” A claim for such compensation should be filed in court general jurisdiction or arbitration.

This can be done after 6 months after the sentence or other act comes into force. Any interested persons can submit such an application. The award by the court of such compensation does not relieve the civil servant from criminal liability, and also does not cancel compensation for damage and moral harm for civil suit. Payment of compensation is made in cash no later than three months after the decision is made.

Failure to comply with a court decision may have quite unpleasant consequences for the person on whom the obligation is imposed. However, punishment and, in general, liability for this kind of sabotage varies depending on the type of legal proceedings in which the decision was made, as well as the personal characteristics of the obligor. We will tell you in our article what the consequences of ignoring judicial acts may be.

What is a court decision and forms of non-execution of a judicial act

As a rule, the term “court decision” is considered in 2 guises:

as an action leading to the end of the trial;
as an act that documents the outcome of a legal dispute.

From the point of view of sanctions provided for failure to comply with court decisions, the 2nd meaning is interesting. In this case, a court decision can be called a decision, or it can take the form of a ruling, ruling, order and even a sentence.

In most cases, the final judicial act provides for some obligations for one (or both) parties to the case, as well as third parties. For example, if a person involved is prohibited from holding a certain position, his management will have to decide to fire him. Failure to comply with a court decision fraught unpleasant consequences up to and including criminal prosecution.

What does it mean to “fail to comply with a court decision”? Ignoring court orders takes the following forms:

Inaction. Most court decisions remained unenforced precisely because of an apathetic attitude towards the imposed responsibilities.
Active opposition. It is expressed, as a rule, in concealing property on which a penalty may be imposed, or, for example, changing the name of a position from which an employee must be dismissed due to a ban on working in a certain specialty.

Both for actions and for their absence, if the goal is to leave a court act without execution, liability is provided in accordance with federal legislation.

Legislation on enforcement and liability for failure to comply with court orders

To one degree or another, sanctions for failure to comply with a court decision provided for by many relevant legislative acts. Responsibility for failure to comply with court orders is prescribed in the Arbitration Procedural Code, the Civil Procedure Code, the RF Code on administrative offenses, Criminal Code.

Sanctions for this offense range from fines to imprisonment. However, punishment for failure to comply with judicial acts only implies retribution for the offense, but does not guarantee the fulfillment of obligations.

The main legislative act regulating the mechanism and procedures for the enforcement of court acts is the Federal Law “On enforcement proceedings» dated 02.10.2007 No. 229-FZ. The law consists of 130 articles, which reproduce in detail the sequence of actions and other aspects of the execution of court acts under duress.

At the same time, as such, there is only one rule on liability for non-execution of judicial acts (Article 113). And it is, firstly, referential (indicates specific sanctions from criminal and administrative law), and secondly, it mainly concerns only persons authorized to carry out enforcement proceedings. However, Law No. 229-FZ itself acts as a measure of responsibility and punishment for failure to comply with court decisions, since it is aimed at satisfying court decisions by force, contrary to the unlawful will of the obligated subjects.

Compulsory execution of judicial acts

Enforcement proceedings are initiated on the basis writ of execution, issued based on the results accepted in court hearing decisions. The writ of execution becomes the main one after court decision, expressing the outcome of the process and the main requirements of the court to the obligated person. At the same time, obligations under the writ of execution can be fulfilled voluntarily, and then contacting the competent authorities and opening enforcement proceedings will not be required.

Moreover, even after registering the enforcement case, the debtor is given time to fulfill his obligations under at will. If this does not happen, the enforcement machine starts spinning: arrests of accounts, inventory of property, seizures, etc.

Important! In accordance with Law No. 229-FZ, the task of enforcement proceedings is the execution of acts of the court, other officials and government agencies correctly and on time.

The functions of enforcement of judicial acts are assigned to the bailiff service. Meanwhile, the outright inaction of the bailiff in executing the judicial act and delaying the debt collection procedure can, in turn, become the reason for proceedings in court and even the subject of administrative or criminal prosecution of the official.

Failure to comply with a court decision as an administrative offense

Responsibility for failure to comply with a court decision provide for the Administrative and Criminal Codes of the Russian Federation. The Code of Administrative Offenses of the Russian Federation contains types of punishment for failure to comply with judicial acts in specific situations.

Yes, Art. 17.14 provides for liability for violation of legislative requirements for enforcement proceedings, and Art. 17.15 - punishment for failure to comply with non-property requirements under the writ of execution.

Art. 15.26.4 stipulates the liability of banking and credit organizations for untimely transfer or failure to transfer data on the execution of a court decision to the credit history bureau. In Art. 5.35 provides for the liability of parents of a minor who, contrary to a court decision on determining the child’s place of residence, the procedure for exercising parental rights, hide the location of the child, prevent his communication with relatives and otherwise do not comply with the instructions of the court.

Failure to comply with court orders is a criminal offense

If the Code of Administrative Offenses of the Russian Federation determines punishment for negligent attitude towards judicial acts in a relationship various persons(both officials and citizens), then the subject element of the crime in the form of failure to comply with court decisions in the Criminal Code of the Russian Federation is quite specific.

Sanctions for failure to comply with a court sentence, court decision or other judicial act have been introduced:

for government officials;
civil servants;
municipal employees;
employees of state and municipal institutions;
employees of commercial and other enterprises.

Responsibility under Art. 315 of the Criminal Code of the Russian Federation provides:

fine up to 200,000 rubles. or in the amount of the salary or other income of the perpetrator for a period of up to 1.5 years;
deprivation of the opportunity to occupy designated positions or engage in certain activities for several years (up to 5);
compulsory work for up to 480 hours;
forced labor for up to 2 years;
arrest for up to six months;
imprisonment for up to 2 years.

Crime in the form non-execution of court decisions differs from the same administrative offense or, for example, an offense in the arbitration process not only in the subjective composition of the perpetrators, but also in 2 mandatory criteria:

the maliciousness of the act committed;
criminal prosecution for the crime.

The malicious nature of failure to comply with court orders consists either in repeated failure to comply with these requirements after receiving orders to eliminate violations, or in a particularly large and cynical disregard of court requirements.

Responsibility under Art. 315 of the Criminal Code of the Russian Federation is a criminal prosecution, which means it entails everything Negative consequences this. And this is not only the punishment itself, but also a criminal record, information about which will remain in the personal data of the convicted person until expiration.

Punishment for non-execution of judicial acts in arbitration proceedings

Arbitration procedural code contains very clear penalties for failure to comply with a court decision. These sanctions are provided for in Art. 332 of the Arbitration Procedure Code of the Russian Federation and are as follows:

For failure to comply with arbitration judicial acts by state authorities, municipal bodies, legal entities, civil servants and citizens, the court may impose a fine on the perpetrator in the amount corresponding to the law.
A fine may also be imposed for failure to fulfill the obligations specified in the writ of execution issued as a result of consideration of the case on the basis of a court decision.
At the same time, paying a fine does not relieve the offender of the obligation to perform the actions required by the judicial act.
A claimant or a bailiff can apply to arbitration to consider the issue of punishing a debtor for failure to comply with court decisions.

The amount of fines for failure to comply with judicial acts is established by Ch. 11 of the Arbitration Procedure Code of the Russian Federation and are:

for citizens - no more than 2,500 rubles;
for officials - no more than 5,000 rubles;
for organizations - no more than 100,000 rubles.

Solution arbitration court the imposition of a fine can be contested within 10 days from the moment it was received by the fined person. Filing a complaint against imposed penalties does not suspend the collection of the fine.