Failure to enforce a court decision

In the modern world, failure to comply with a court decision is often met. It implies a complete refusal to carry out specific activities designated by the court as a punishment for the restoration of justice. As a rule, such a decision is limited to specific time frames. If the business entity does not manage or can not realize the task in time, it receives a preliminary warning in the form of a written notification. Further disregard of judicial measures can be classified as a malicious offense.

Failure to comply with a court decision in an entrepreneurial relationship arises constantly. This is connected with the imperfection of the legislative base, because in no legal act there is a clearly described order regulating the process of voluntary fulfillment of obligations to the counterpart. That is why business entities resort to forced repayment of debts or restoration of their own rights. To do this, they apply to the appropriate judicial authority, and then receive a writ of execution.

According to general provisions, the debtor is responsible for non-enforcement of the court decision. At the same time, the refusal of voluntary execution can not be punished, additional proceedings and the initiation of enforcement proceedings are required . And this procedure can be delayed for a sufficiently long period. That is why entrepreneurs do not want to appeal to the judicial authorities and try to solve the problem on their own.

So, the failure to execute a court decision is outside the legal norms, because there is no clear regulation. But the very fact of dissatisfaction with the obligations towards the partner is punishable, which follows from separate articles of the Civil Code. The arbitral tribunal, considering the complaint of the injured party, can help to get out of the conflict situation by charging penalties in the amount provided for by the relevant law. Thus, the state encourages the defendant to repay the debt, because he understands that in the future the consequences will only get worse. Payment of a fine in full does not mean that execution of a judgment can not be made.

More often than not, the judicial authorities consider complaints concerning mutual monetary obligations. Persons or organizations that manage other people's financial resources at their own discretion on the basis of a loan or credit agreement in case of untimely return of funds or payment of a debt not in full are brought to responsibility. For example, when the debtor returned only the body of the loan, although under a bilateral agreement, he is obliged to return the specified percentage to the lender. In addition, those borrowers who, in the process of using funds, caused any damage to the creditor are also subject to punishment.

Failure to enforce a court decision can lead to serious consequences. However, the state authorities welcome the mutual desire of the parties to solve the problem without long litigation. In this connection, an amicable settlement is allowed at all stages of the enforcement process . At present, the refusal to fulfill one's own obligations does not frighten the debtor, because he understands that for the enforcement of the court decision the injured party will have to spend a lot of time and energy. But not every business man will decide on such an excruciating procedure.

The government should introduce measures to modernize and speed up the system of court proceedings. First of all, it is necessary to eradicate the bureaucracy, which forces people to fight dishonestly. And, of course, we should pay more attention to the qualifications of bailiffs and other employees of this field.