Private determination of the court of the first instance in civil proceedings and responsibility for non-fulfillment of it

Abstract

This article analyzes the general provisions and judicial practice regarding the issue of private rulings issued by the courts in accordance with Article 226 of the Civil Procedure Code of the Russian Federation, and also considers the main problems associated with non-execution of a private court ruling. A large number of scientific works of Russian and Soviet scientists are devoted to the problems of the institute of particular definitions. Meanwhile, the problem of nonexecution of particular definitions has not been given sufficient attention. The legislation of the Russian Federation is quite loyal to the issue of non-execution of private determination of the court. The procedure for bringing to civil procedural or administrative liability for violations related to particular definitions remains an unpopular legal procedure. The author revealed an unjustified differentiation in fixing the forms and procedure for the implementation of liability for failure to comply with a particular definition, as well as the inconsistency of the law in terms of establishing liability measures for the tort in question. The ways to solve these problems is to introduce the necessary clarifications into the current version of the Code of Civil Procedure of the Russian Federation, which will be proposed in this article.