Practical Features of the Qualification of Acts Aimed at Non-Execution of a Court Verdict, Court Decision or Other Judicial Act
- Authors: Barkho V.Y.1
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Affiliations:
- Rostov State Economic University (RINH)
- Issue: Vol 15, No 7 (2022)
- Pages: 229-232
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531817
- DOI: https://doi.org/10.33693/2072-3164-2022-15-7-229-232
- ID: 531817
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Abstract
This article is devoted to the consideration of the practical features of the qualification of acts for the commission of which criminal liability occurs if it turns out that they are aimed at non-execution of certain judicial acts. The relevance of the research topic is determined by the fact that the range of human rights is extremely wide, while the state has undertaken to protect them from illegal and unjustified encroachments. In this regard, everyone has the right to apply to the court for the protection of their rights and interests (part 1 of Article 46 of the Constitution of the Russian Federation). Currently, the activities of domestic courts are focused primarily on the correct, timely and full-fledged consideration and resolution of cases arising from the existing legal relations. The purpose of this article, which consists in analyzing the practical features of the qualification of acts under Article 315 of the Criminal Code of the Russian Federation, largely depends on understanding the essence of the correct and timely execution of a court decision. As a general rule, any decision made by the courts on behalf of the Russian is correct, lawful and justified. Nevertheless, the law separately specifies the procedural aspects of making court decisions and establishes requirements regarding their legality and validity. In addition, the practical significance of the topic is confirmed by the importance of resolving competition between general and special rules. Taking into account these aspects, it is important to note that the protection of the rights of persons involved in the case is carried out, including through reasonable and balanced judicial decisions. In other words, non-execution of court decisions violates the basic foundations of the administration of justice in the Russian Federation, therefore, must be punished by law.
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About the authors
Vladimir Yurievich Barkho
Rostov State Economic University (RINH)
Email: v.barkho@mail.ru
postgraduate student, Department of Criminal and Penitentiary Law, Criminology Rostov-on-Don, Russia
References
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