О ПРАВОВОЙ ПРИРОДЕ АСТРЕНТА

Abstract

The article is devoted to the study of the legal nature of astrent. Examines the question of whether it is possible to consider astrent as a variety of liability and the collateral obligations. Doctrinal views on the attribution of astrent to a public law, private law or mixed institution are considered. It is proposed to consider the legal nature of astrent through the prism of the author’s concept of “legal pyramid”. A brief retrospective analysis of the appearance of astrent in the modern legal order of Russia is carried out. Critical remarks of scientists-protsessualists regarding the consolidation of the institute of astrent in civil legislation are given. Based on the analysis of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24 March 2016 No. 7, the types of family law disputes in which an astrent is permissible are considered. The question of the correlation of the provisions on astrent in the material and procedural codes, as well as their application, is analyzed. The question of determining the size of the astrent is considered. The principles of determining the size of the astrent contained in the legislation are analyzed. The conclusion is made about their maximum abstractness and evaluative nature. The critical remarks available in the doctrine are given. The author’s position is expressed, among other things, regarding the proposal made in the doctrine on the need to establish the upper and lower limits of the judicial penalty. The relevant judicial practice is analyzed.