Civil procedural law. The essence of enforcement proceedings (the most important)

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Civil procedural law. The essence of enforcement proceedings (the most important)

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77. ESSENCE OF ENFORCEMENT PROCEEDINGS

Enforcement proceedings - the procedure established by law for the enforcement of acts of jurisdictional bodies, which aims to ensure real protection of violated or contested subjective material rights or legally protected interests.

Entered into force judicial act of the arbitral tribunal is obligatory for all state bodies, local self-government bodies and other bodies, organizations, officials and citizens and is subject to execution throughout the territory of the Russian Federation.

Compulsory execution is carried out by the bailiff service, which is part of the system of bodies of the Ministry of Justice of the Russian Federation.

The bailiff service of the Ministry of Justice of the Russian Federation includes:

1) department of bailiffs of the Ministry of Justice of the Russian Federation;

2) bailiff service of the Department of Military Courts of the Ministry of Justice of the Russian Federation;

3) services of bailiffs of the justice bodies of the constituent entities of the Russian Federation;

4) district, inter-district divisions of bailiffs.

In the order of enforcement proceedings, decisions of courts of general jurisdiction, acts of arbitration courts, as well as acts of other non-judicial bodies are executed.

Not all jurisdictional acts are enforceable. Decisions rendered on claims for recognition are not subject to enforcement under the rules of enforcement proceedings. They state the presence or absence of a legal relationship and are implemented depending on the will of the interested persons by state and other bodies and officials. The majority of decisions on cases of special proceedings and decisions on a number of categories of cases arising from administrative-legal relations are also not subject to compulsory execution.

Subject to compulsory execution award decisions, i.e. when a decision is made on the performance by the defendant of certain actions or on refraining from taking certain actions. The defendant can execute the court decision voluntarily, but if for some reason he evades execution, the plaintiff has the right to demand that the state authorities take such measures against the defendant that would lead to the implementation of the court decision. The adoption of such measures takes place in the order of enforcement proceedings.

Enforcement proceedings - the last, final stage of the civil process, which enforces the court's decision on the case. The process of protecting the right after the decision is made and its entry into force continues in the form of enforcement proceedings.

Enforcement proceedings in civil proceedings are characterized by a number of features:

1) in civil procedural legal relations, the court is an obligatory participant;

2) there is dispositivity, which determines the mechanism of movement of the civil process. Dispositivity suggests that the main driving force of civil proceedings is the initiative of the persons participating in the case;

3) there is an interrelation of the rights and obligations of all subjects;

4) there is a regulation of civil procedural relations by the rules of law;

5) the bearer of power is the court;

6) there are grounds for the emergence of legal relations.

Author: Gatin A.M.

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