Winning the court is not a victory. This is only a temporary advantage. Finally, everything ends when the force of a court decision that comes into force comes. More on this.
A bit of theory. The force of the court decision, which entered into legal force, implies the mandatory execution of the verdict for all participants in the process.
This means that after winning the processit is necessary to wait a certain time, after which it is already possible to precisely drink champagne. How much exactly depends on the nature of the litigation. When does the court decision come into force? There are uniform principles for common civil affairs. The time depends on whether the other party appealed the verdict or not. If not, the court’s decision on the case is final only after a possible deadline for filing an appeal. For example, if you have 30 days to appeal, then on day 31 you can celebrate success in court. But here everything is conditional. The opponent can restore the time limit for filing the appeal. In this case, the irrevocability of the decision is postponed until the meeting of the board of the Regional Court. Only after the appeal the verdict finally comes into force.
Of course, you can cancel it in the cassation instances. For example, in a civil case there are two of them:
On filing in civil cases in bothThe above instances are given six months, for criminal - indefinitely. But even with the omission of a six-month term, the other party can restore the procedural deadlines for filing. Of course, without good, valid reasons, this is not so easy to do, but, as practice shows, they are always for those who need it. Therefore, the decisions of the courts of the Russian Federation may be constantly canceled and changed.
If the other party in the allotted timeappeals the verdict of the first instance, then in this case, you can finally rejoice after the meeting of the appeal panel of the regional court. Deadlines, of course, will be delayed.
For example, a court decision for violationloan agreement. The debtor was obliged to repay the required amount. He has 30 days to appeal. It is after this period that the decision will take effect. However, one should not forget that under certain conditions he can restore it.
If the debtor filed an appeal after 29 days, then you will have to wait for the meeting of the Judicial Board, which takes final decisions.
The most incomprehensible question for ordinary citizens:"When a court decision in absentia comes into force?" This question gives rise to a myth among inexperienced lawyers. It lies in the fact that, allegedly, under certain conditions, a decision in absentia may never enter into force, if you do not receive a copy of the verdict.
This comes from a misinterpretation of norms.Code of Civil Procedure. According to him, within seven days after receiving a copy of the absentee decision in absentia, a citizen has the right to cancel it. Within a month after the refusal to satisfy the motion for annulment or after the expiration of the time limit for this procedural action, he must appeal. Consequently, if the court ruled, and a “do not see it” copy in the mailbox and do not personally appear in court to receive it personally, it will never enter into legal force.
This theory breaks down about the irreconcilable faces of employees of the Federal Bailiffs Service, who block all bank accounts and seize property.
If no one cancels it, then the decision by defaultcourt enters into force after the end of all periods for filing the appeal. That is, after 40 days (3 days the court makes a reasoned decision, 7 days is given for the possibility of cancellation, 30 days for submission to the higher authority).
Restoration of the deadline for the abolition of the absentee verdicthas its own nuances. If from the moment when the court ruled, the less than the deadline for appeal to higher authorities has passed, then it is possible to restore the deadlines for filing an application for cancellation. However, the position of the Supreme Court on this issue, to put it mildly, is strange. According to his clarification in the Survey of Practice, after the expiration of the time for filing an appeal complaint, it is not possible to file a petition to restore the deadline for the annulment of the verdict. However, this procedural action on appeal is allowed.
Legal logic, to be honest, not reallyis understandable. This is spoken by many lawyers. Why is it possible to restore the term for one solution, but not for the others? However, this is apparently a necessary measure, since the courts of first instance are literally inundated with property and family "fights." In a crisis, people stop paying loans, often divorcing. Decisions of the courts of the Russian Federation on these issues are growing rapidly in quantitative terms, which, naturally, affects their quality. The restriction of filing in the first instance, apparently, is intended to "unload" them a little.
Судебные приказы – это упрощенные вердикты judges of the peace in petty property, some family or business disputes. They are based on unconditional, from the point of view of jurisprudence, evidence: credit agreements, receipts, acts of acceptance and transfer, etc.
A court order is different from an absentee decision.because it is relatively easy to cancel. It is enough just to write an objection, without explaining the reasons, and this will be enough from the point of view of civil procedural legislation to cancel it.
The court order comes into force aftera ten-day period for his appeal. If he is missed due to a fault recognized by the court as respectful, he can be restored with the appropriate petition.
In Russia, a violation of a court decision is frequent. It manifests itself:
Some decisions must be executed immediately, one might say, at the exit from the courtroom. These include:
The force of the decision of the court, which entered into force,It implies its mandatory execution. But citizens do not always fulfill the requirements. For deliberate failure to comply with a penalty of an administrative fine.
For the debtor, there are penalties for the following actions:
For individuals, the fine is from 1 thousand to 2.5 thousand rubles; for officials - from 10 thousand to 20 thousand rubles; for legal - from 35 thousand to 100 thousand rubles.
For persons who are not debtors, for non-compliance with the requirements of executive documents there are penalties in the amount of:
For certain categories of persons, even criminal liability may arise for non-execution of a court decision:
However, not any non-execution of a court decision must necessarily be punished with a “criminal case”. An important factor in initiating a criminal case is the malicious nature of ignoring.
The concept of "malice" is not defined in the legislation. However, judicial practice for many years has already accumulated enough precedents that define this concept.
So, according to court decisions, maliciousviolators are those who were able to fulfill the requirements, but purposefully they did not do this for no apparent reason. They periodically received letters and orders for the immediate execution of the requirements, but they also ignored them. Therefore, it is not necessary to treat court requirements with disregard. As you can see, the consequences can greatly affect the future.
