The court decided. Who will do it?

You spent time, money and nerves defending your rights in court. And finally we won. It would seem that justice has prevailed. But a month goes by, another, and nothing changes. The employer does not reinstate you, the organization does not eliminate violations, and the debtor refuses to fulfill its obligations. Will I have to sue again? Is it possible to punish those who consider a court decision not mandatory? We deal with the head of the department of the Prosecutor’s Office of the Krasnodar Territory Mikhail Prikhlenko.

Victory on paper

A court decision that has entered into legal force is mandatory for execution. Whether the defendant agrees with him or not.

This requirement is enshrined in Article 13 of the Civil Procedure Code of the Russian Federation. Judicial decisions are mandatory for authorities, organizations, officials and citizens throughout Russia.

However, in practice, achieving execution is more difficult than winning the case itself.

For example, the court ordered the employer to reinstate an illegally dismissed employee. But the management of the company is in no hurry to implement the decision. Or the management company was obliged to eliminate violations in the maintenance of an apartment building, and utilities continue to do nothing.

In such situations, the law provides not only for the enforcement of judicial acts, but also for the responsibility for ignoring them.

When the case becomes criminal

As the head of the department for supervision of procedural activities in the offices of the main departments of internal affairs, the Ministry of Emergency Situations, the FSSP in the Krasnodar Territory, Mikhail Prikhlenko, explains, Article 315 of the Criminal Code of the Russian Federation provides for liability for malicious non-execution of legal acts that have entered into legal force, as well as for preventing their execution.

But there is a significant caveat: not every unenforced court decision automatically means a crime. The key concept here is anger.

The analysis of judicial practice allows us to identify four main features that characterize the non-execution of judicial acts as malicious. The bailiff repeatedly warned the violator of criminal liability in writing. The deadline set by the court has expired, but the requirements have not been fulfilled. The debtor did not take the necessary steps to enforce the decision. And fourthly, the debtor had a real opportunity to fulfill the requirements of the court, but he did not, says Mikhail Prikhlenko.

At the same time, the presence of one of the above circumstances does not in itself prove a crime. In each case, all circumstances, including intent, are assessed.

Simply put, if a person really does not have the ability to enforce a judgment, that is one situation. If he deliberately evades execution, although he has the necessary capabilities, it is quite different.

Who faces prison

Part 2 of Article 315 of the Criminal Code of the Russian Federation establishes responsibility for government representatives, state and municipal employees, as well as employees of state, municipal, commercial and other organizations.

For malicious non-execution of a judicial act or obstruction of its execution, the guilty person may be fined up to two hundred thousand rubles, compulsory work, prohibition to occupy certain positions and other punishments. The strictest penalty is imprisonment for up to two years.

For other persons, criminal liability under part one of the same article is possible under special conditions: if they have already been subjected to administrative punishment under part four of article 17.15 of the Code of the Russian Federation on administrative offenses for a violation associated with the same judicial act. The maximum penalty in this case is one year imprisonment.

Thus, the procedure for bringing to justice depends on who exactly does not comply with the court decision and what violations were committed.

You can't dodge it

Another important point: criminal prosecution does not mean that a court decision can no longer be enforced.

Mikhail Prikhlenko draws attention to the legal position of the Constitutional Court of Russia, set out in decision No. 61-O of the twenty-ninth of January 2019. Its meaning is as follows: if a person has already suffered criminal punishment for failure to execute a judicial act, but then again commits criminal evasion from the execution of the same decision, under certain circumstances, it can be a new crime.

In other words, a single conviction does not give the debtor an indefinite right to ignore the court’s claims.

The main thing to know is that winning a case is not always the end of the fight for your rights. But the law provides mechanisms to enforce a court decision. It is important to use them consistently, record violations and contact the authorized bodies, without waiting for the problem to resolve itself.

Four Steps to Justice

What to do if the court decision is not enforced? The most important thing is not to limit yourself to verbal demands on the defendant and not to expect that the situation will resolve itself.

The first step is to start enforcement proceedings. If the decision is subject to enforcement, it is necessary to obtain a writ of execution and present it to the Federal Bailiff Service together with an application for initiation of enforcement proceedings. At the request of the claimant, the writ of execution may be sent directly to the court for execution. A court order is also an executive document. This procedure is provided by Article 428 of the Civil Procedure Code of the Russian Federation, Articles 12 and 30 of the Federal Law No. 229-FZ “On Enforcement Proceedings”.

The second step is to control the actions of the bailiff. The claimant has the right to get acquainted with the materials of enforcement proceedings, make extracts, make copies, submit applications and petitions, provide additional information about the debtor. These rights are enshrined in Article 50 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

The third step is to report conscious evasion. If the debtor continues to ignore the requirements, it is worth writing to the bailiff, state the circumstances and attach supporting documents. If there are signs of malicious non-execution of a judicial act, it is possible to raise the question of conducting an inspection for a crime under Article 315 of the Criminal Code of Russia. According to Article 151 of the Code of Criminal Procedure of the Russian Federation, inquests in such cases are conducted by interrogators of the enforcement bodies.

The fourth step is to appeal the inaction. If the bailiff does not take the necessary measures, his actions or inaction can be appealed to a higher official of the Federal Bailiff Service or challenged in court. This right is provided for in Articles 121 and 128 of the Federal Law No. 229-FZ “On Enforcement Proceedings”. It is also possible to apply to the prosecutor's office with a request to check compliance with the legislation.

It is important to remember that the law provides special terms for appealing the actions and inaction of bailiffs. According to Article 122 of Federal Law No. 229-FZ, a complaint in the order of subordination must be filed within ten days from the date of the action complained of or the establishment of the fact of inaction. If the applicant has not been notified of the relevant actions, the period is calculated from the day when he learned or should have learned of the violation. Therefore, it is not necessary to delay the treatment.