In today's non-enforcement of court uncommon.It implies a complete rejection of the implementation of specific activities assigned by the court as a punishment, to restore justice.As a rule, the decision is limited to specific time frames.If an entity does not have time or can not implement the task in time, then he gets an early warning in the form of a written warning.Further neglect of judicial measures can be classified as willful offense.
Failure court decision in business relationships arise constantly.This is due to the imperfection of the legislative framework, as in any legal act is not clearly describe the procedure for regulating the voluntary fulfillment of obligations to the counterparty.That is why the economic agents have resorted to forced return of the debt or the recovery of their rights.For this, they turn to the relevant judicial authority and then receive a writ of execution.
Under the general provisions, the debtor is liable for failure to fulfill the court's decision.At the same time the rejection of voluntary compliance can not be punished, it requires additional investigation and enforcement proceedings.But this procedure can last for quite a long time.That is why entrepreneurs are not willing to apply to the judiciary and trying to solve the problem on its own.
So, the very failure to fulfill the court's decision is outside the rule of law, because there is no clear regulation.But the fact of dissatisfaction obligations towards the partner is a matter of offense, which follows from the individual articles of the Civil Code.Arbitration Court, considering the complaint of the injured party can assist the output of the conflict through the accrual of penalties in the amount provided by applicable law.Thus, the state encourages the respondent to return the debt, because he understands that the future consequences will be worse.Payment of the fine in full does not mean that the enforcement of a judgment may not be made.
In most cases the judicial authorities deal with complaints concerning the mutual monetary obligations.Held liable persons or entities that manage other people's financial resources at their discretion on the basis of a contract for a loan or loans in the event of late repayment or payment of the debt is not fully implemented.For example, when the debtor has returned only the body of the loan, although the bilateral agreement, he is obliged to return the amount of interest the lender said.In addition, the penalty shall be subject to those borrowers who are in the process of use of the funds to the creditor caused any damage.
Failure court decision could lead to serious consequences.However, state authorities welcomed the mutual desire of the parties to solve the problem without lengthy litigation.In this regard, at all stages of the enforcement proceedings may be the conclusion of a settlement agreement.Currently, failure to comply with its own obligations of the debtor are not afraid, because he understands that for the enforcement of the judgment to the injured party would have to spend a lot of time and effort.But not every business man will be decided on such a painful procedure.
Government should introduce measures to modernize and accelerate the litigation system.The first step is to eliminate the bureaucracy that forces people to conduct unfair fight.And, of course, you should pay more attention to qualifying bailiffs and other employees of the field.
