Non-execution of a court decision by a legal entity: liability, article and punishment

State protection of interests and rights of organizations and citizens is provided in various ways. The most common of these is the court decision. The decision of the instance, which came into force, entails certain duties for the subjects. Let's consider further, what responsibility for non-fulfillment of the court decision is provided in the legislation.

General information

The court decision is one of the types of decisions. Upon entry into force, it shall:

1. It is obligatory for all organizations and citizens, local and state authorities, public associations.
2. It is subject to unconditional implementation throughout the country.

Failure to comply with a court decision by a legal entity, the liability for which is provided for in legislation, can be expressed as:

1. In the failure to implement actions aimed directly at implementing the provisions contained in the resolution. For example, it may be ignoring the requirements to compensate the victim.
2. Implementation of actions that create an obstacle to the execution of a court decision. For example, it could be a ban on the head of the HR department to restore an employee who was fired illegally.

The order of implementation of resolutions

The execution of the decision must be carried out:

1. Immediately after the entry into force of the act.
2. After the decision.

The last order is valid in cases where the resolution relates to:

1. Restoration in the workplace.
2. Payments to the employee for 3 months.
3. Inclusion of a citizen in the list of participants in the referendum or voters.

It is assumed that the obligated subjects carry out the court's decision voluntarily. If this does not happen, then compulsory measures are applied. As a fairly common sanction is the blocking of financial transactions on the debtor's accounts. Frozen funds are sent for settlement with creditors.

Non-execution of a court decision by a legal entity: the responsibility of the Administrative Code

Decisions on administrative cases are implemented after their entry into force. The exception is the acts, the execution of which must be carried out immediately after the removal. The implementation of decisions on administrative matters is regulated by the CAS RF. For non-enforcement of a court decision by a legal entity, liability, as a rule, is expressed in the imposition of a fine. Such a sanction is provided for:

1. If you ignore the requirements of the police officer.
2. Failure to provide information or provide false information about property rights, income received.

Punishment

For failure to comply with a court decision by a legal entity, liability arises depending on the nature of the violation. In particular, if information about the location is not provided, the organizations receive a fine of 35-100 thousand rubles. This punishment establishes Art. 17.14, paragraph 1 of the Code of Administrative Violations. For entities that do not act as debtors in the case, penalties are also provided:

1. If you ignore the instructions of the bailiff.
2. Refuse to receive confiscated material values.
3. Loss of executive documentation or late delivery thereof.
4. Provision of unreliable information on the availability of property from the debtor.

For these violations, organizations are fined 50-100 thousand rubles.

Additionally

In paragraph 2 of Art. 17.14 of the Code, fines foreseen for credit institutions are considered separately. Monetary penalties are also provided for cases related to the issue of securities, as well as for the actions of professional participants in financial markets (clause 2.1, the same article). Failure to comply with a court decision is punishable under art. 17.15. The penalty is provided for ignoring the prescriptions contained in the IL. The amount of recovery is determined depending on the specific stage of the enforcement proceedings.

The order of application of sanctions

Currently, the legislation lacks a mechanism to regulate the voluntary implementation of the provisions that are present in the judgments. Usually for failure to comply with a court decision by a legal entity, liability occurs after the discovery of the relevant fact. It is established as follows. The bailiff receives the executive documentation from the court or from the recoverer. On the basis of these securities, proceedings are instituted. In this case, the bailiff issues a resolution, which sets a time limit for the voluntary implementation of regulations.

Administrative responsibility for failure to comply with a court decision may not come immediately. The bailiff may appoint another term for the implementation of the regulations. At the same time, he issues a resolution on recovery of the performance fee from the debtor, since the enforcement mechanism is included. If the debtor has ignored the requirements and failed to take appropriate actions in the new term, a protocol on administrative violation is drawn up. Fines can be avoided if the subject can prove the validity of the reasons for non-compliance with the requirements.

Punishment of the Criminal Code

Authorized bodies are always guided by law in the exercise of their functions. In this regard, they know what to do if the court decision is not performed by the obligated subjects. In accordance with Art. 315 of the Criminal Code provides for:

1. For employees of commercial and other enterprises.
2. State employees and employees of state institutions.
3. Representatives of power structures.
4. Employees of municipal institutions.

It should be noted that not in every case, failure to comply with a decision can be considered a criminal offense. In the qualification of actions, one of the key factors is the malicious nature of the violation. According to Art. 315 of the Criminal Code provides for the following types of punishment:

1. Monetary collection. Its maximum size is 200 thousand rubles. Or equal to the amount of income for 18 months.
2. Prohibition to stay in specific positions and conduct certain activities for 5 years.
3. Forced labor up to 2 years.
4. Arrest to six months.
5. Up to 2 years in prison.
6. Mandatory work up to 480 hours.

Penalty under the Criminal Code is provided exclusively for citizens. This means that if the subject has committed criminal acts on behalf of the organization, then he will be held accountable, and not the firm as a whole. The physical person or the head of the enterprise who is obliged to repay the debt to the creditor, in case of malicious evasion, may be punished by a fine, compulsory / forced labor, imprisonment or arrest. These types of liability establish art. 177 of the Criminal Code.

Evil

In the current legislation there is no clear definition of this phenomenon. The signs of malice, however, are derived from a fairly extensive judicial practice. You can install it if there are the following factors:

1. The entity intentionally did not take any real actions or create obstacles to their implementation by other persons throughout the entire term assigned for execution of the judgment. This interpretation is present in the cassation ruling of the Magadan Regional Court of February 15, 2012.
2. The subject at the time of the obligation was the necessary conditions and there were no visible obstacles to the implementation of the requirements. Such a formulation is contained in the appeal judgment of the Rostov Regional Court of September 23, 2015.
3. The subject was repeatedly notified in writing about the likely criminal or administrative liability for ignoring the provisions of the order. This interpretation is present in the appeal of the KhMAO-Ugra court .

An Important Moment

Despite a fairly extensive judicial practice, in each individual case, the authorized body independently analyzes the materials and reveals signs of malice. This takes into account all the circumstances that existed at the time of the issuance of the decision and its entry into force. Accordingly, the above list of characteristics has a rather generalized character. The liability provided for non-fulfillment of the arbitration court's decision by a legal entity has certain negative consequences. However, their scope will depend on the nature of the actions / omissions, the presence / absence of intent and malice in them. The entity in whose favor the decision was rendered is entitled to file a claim for failure to comply with a court decision.

Conclusion

Ensuring implementation of the decision is within the competence of the bailiff service. The activity of the FSSP is regulated by the relevant branch law. Article 105 of this normative act states that if the debtor fails to fulfill the requirements established in the enforcement document within a period determined for the voluntary performance of the appropriate actions, the bailiff issues a resolution on collecting the fee and appoints a new period. Similarly, the employee of the FSSP also comes in the event that the obliged subject ignores the prescriptions of the act, which is subject to immediate implementation after the issuance. In this case, the collection of the collection and the appointment of a new term is carried out when the debtor fails to comply with the requirements within 24 hours from the date of receipt of the first order of the bailiff. If the instructions are not implemented again and there are no valid reasons for doing so, the employee of the FSSP draws up a protocol on administrative violation. At the same time, a new deadline is set for fulfilling the requirements. If, for the realization of requirements, the participation of an obligated subject is not required, the bailiff will organize the production in accordance with the powers granted to him.