К вопросу о судебной неустойке в административном судопроизводстве

Закон. 2024. № 8. С. 165–175.

Cherlanov A.

The article is devoted to the problem of enforceability of judicial acts on public-law disputes, including those related to the imposition on an administrative body or official of the obligation to exercise discretionary power. The author refers to the origins of the identified problem and comes to the conclusion that the measure of compulsion of administrative defendants to execute judicial acts should be indirect. Based on the analysis of available public-law mechanisms of indirect coercion to the execution of a judicial act, the author points out that they either cannot be characterized as effective, or are disproportionate to the goal, and proposes a solution to the problem by introducing the mechanism of judicial forfeit in the Code of Administrative Proceedings of the Russian Federation. The author notes that initially the legislator did not intend to extend it to cases of non-fulfillment of judicial acts on public-law disputes, but the approach developed later in judicial practice, which allows the award of judicial forfeit on certain public-law disputes considered by arbitration courts, dictates the need to expand the scope of application of judicial forfeit to cases of non-fulfillment of any judicial decisions on disputes arising from public legal relations, since there are no objective differences between them.

Keywords: административное судопроизводство, administrative proceedings, Discretionary Powers, дискреционные полномочия, discretionary administrative act, дискреционный административный акт, judicial forfeit, судебная неустойка