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

State protection of the interests and rights of organizations and citizens is provided in various ways. The most common of these is a court decision. The decision of the court, which entered into force, entails certain obligations for the subjects. Let us further consider what responsibility for non-enforcement of a court decision is provided for in legislation.

General information

A court decision is a type of order. Upon entry into force, it:

1. Mandatory for all organizations and citizens, local and state authorities, public associations.
2. Subject to unconditional implementation throughout the country.

Non-enforcement of a court decision by a legal entity, the liability for which is provided for in the legislation, may be expressed:

1. In the failure to carry out actions aimed directly at the implementation of the provisions contained in the resolution. For example, it may be ignoring claims to compensate the victim.
2. Implementation of actions that create an obstacle to the execution of a court decision. For example, this may be a prohibition of the head of the personnel department to reinstate an employee who was dismissed illegally.

The order of implementation of decisions

The execution of the decision shall be carried out:

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

The last requirement is valid in cases where the decision concerns:

1. Workplace recovery.
2. Payments to employees for 3 months.
3. Entering a citizen in the list of referendum participants or voters.

It is assumed that obligated entities comply with a court decision voluntarily. If this does not happen, coercive measures are applied. A fairly common sanction is the blocking of financial transactions in the accounts of the debtor. Frozen funds are sent for settlement with creditors.

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

Administrative decisions are implemented after they enter into force. The exception is acts, the execution of which should be carried out immediately after adoption. The implementation of administrative decisions is regulated by the CAS of the Russian Federation. For non-enforcement of a court decision by a legal entity, liability is usually expressed in a fine. Such a sanction is provided for:

1. When ignoring the requirements of the bailiff.
2. Failure to provide information or the provision of inaccurate data on property rights, income received.

Punishment

For non-enforcement of a court decision by a legal entity, liability arises depending on the nature of the violation. In particular, in case of failure to provide information on the location, income received, organizations are fined 35-100 thousand rubles. This punishment is established by 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. Refusal to receive confiscated wealth.
3. Loss of executive documentation or its untimely sending.
4. Providing inaccurate information on the availability of property of the debtor.

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

Additionally

In paragraph 2 of Art. 17.14 of the Code separately examined fines provided for credit organizations. Monetary penalties are also provided for in matters related to the issue of securities, as well as the actions of professional participants in financial markets (paragraph 2.1, the same article). Failure to comply with the judgment shall also be punishable under Art. 17.15. The penalty is provided for ignoring the requirements contained in the IL. The amount of the penalty is determined depending on the specific stage of the enforcement proceedings.

Sanctions Procedure

Currently, the legislation does not have a mechanism for regulating the voluntary implementation of the provisions present in decisions. Usually, a legal entity is liable for non-enforcement of a court decision after the relevant fact has been identified. It is installed as follows. The bailiff receives the executive documentation from the court or from the claimant. Based on these papers, production is initiated. In this case, the bailiff shall issue a decree establishing the period for the voluntary implementation of the requirements.

Administrative liability for failure to comply with a court decision may not occur immediately. The bailiff has the right to appoint another term for the implementation of the requirements. At the same time, he makes a decision to recover the performance fee from the debtor, since the enforcement mechanism is activated. If the debtor has ignored the requirements and has not taken appropriate actions within the new term, a protocol on administrative violation is drawn up. Penalties can be avoided if the subject can prove the validity of the reasons for non-compliance with the requirements.

Punishment according to the Criminal Code

Authorized bodies in the exercise of their functions are always guided by law. In this regard, they know what to do in case of failure to comply with a court decision by the obligated entities. In accordance with Art. 315 of the Criminal Code criminal punishment provides:

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

It should be noted that far from every case, non-enforcement of a decision can be considered as a criminal offense. In qualifying 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. Cash recovery. Its maximum size is 200 thousand rubles. or equal to the amount of income for 18 months.
2. The ban on staying at specific posts and conducting certain activities for 5 years.
3. Forced labor up to 2 years.
4. Arrest up to six months.
5. Up to 2 years in prison.
6. Mandatory work lasting up to 480 hours.

Punishment under the Criminal Code is provided exclusively for citizens. This means that if the entity committed criminal acts on behalf of the organization, then he, and not the firm as a whole, will be held liable. An individual or company manager who is obliged to pay off a debt to a creditor in case of malicious evasion from this can be punished with a fine, compulsory / forced labor, imprisonment or arrest. These types of liability are established by Art. 177 of the Criminal Code.

Malice

The current legislation does not have a clear definition of this phenomenon. Signs of malice, however, are derived from a fairly extensive judicial practice. You can install it if you have the following factors:

1. The subject intentionally did not take real actions or created obstacles for their implementation by other persons throughout the entire time allotted for the execution of the court decision. Such an interpretation is present in the cassation ruling of the Magadan Regional Court of 02.15.2012.
2. The subject at the time the obligation arose had the necessary conditions and there were no visible obstacles to the implementation of the requirements. This wording is contained in the appeal ruling of the Rostov Regional Court of September 23, 2015.
3. The subject was repeatedly notified in writing of the probable criminal or administrative liability for ignoring the requirements of the decision. This interpretation is present in the appellate court ruling of the Khanty-Mansi Autonomous Okrug-Ugra.

Important point

Despite a fairly extensive judicial practice, in each individual case, the authorized instance independently analyzes the materials and identifies signs of malice. This takes into account all the circumstances that existed at the time of the adoption of the decision and its entry into force. Accordingly, the above list of signs has a fairly generalized character. The liability provided for the non-enforcement of the arbitral award by a legal entity bears certain negative consequences. However, their scope will depend on the nature of the actions / inaction, the presence / absence of intent and malice in them. The subject in whose favor the decision was made has the right to file a claim for non-enforcement of the court decision.

Conclusion

Enforcement of the decision is the responsibility of the bailiff service. The activities of the FSSP are regulated by the relevant industry law. Article 105 of this normative act states that if the debtor fails to comply with the requirements set forth in the executive document within the time period determined for voluntary taking appropriate actions, the bailiff shall issue a resolution on collection of the fee and appoint a new period. Similarly, an employee of the FSSP acts in the event that the obligated subject ignores the requirements of the act, which must be immediately implemented after being issued. In this case, the collection of the fee and the appointment of a new term is carried out if the debtor does not fulfill the requirements within 24 hours from the date of receipt of the first bailiff's decision. If the requirements are not implemented again and there are no good reasons for this, the FSSP officer draws up an administrative violation report. In this case, a new deadline is set for the implementation of the requirements. If for the implementation of the requirements the participation of the obligated entity is not required, then the bailiff organizes the proceedings in accordance with the authority granted to him.