Year of Graduation
Provision of Enforceability of Civil Judgments
Lawyer in the Sphere of Justice and Law Enforcement
The research deals with problems arising from enforcement of civil judgments. The enforceability is regarded as a feature of judgment and one of the requirements the later should meet. The research intends to study theoretical and practical aspects of the enforceability including issues of civil procedural law and enforcement proceedings. The author aims to study the enforceability as a concept of procedural law and the enforceability of judgments on different claims, investigate requirements for the operative part of judgments affecting enforceability, analyze court’s actions while verifying the circumstances of a case and a possibility to change the remedy in case a judgment is unenforceable, study grounds for termination of enforcement proceedings, and ways to overcome unenforceability. During the research scientific methods of cognition (analysis, comparison) and special methods of jurisprudence (legalistic) were applied. From a theoretical perspective it is concluded that monetary claims and claims for specific performance are enforceable. The analysis of practice shows that the wording of the operative part of a judgment determines whether the judgments can be enforced. The provision regarding the requirement for enforceability should be added into the Civil Procedural Code of the Russian Federation. The court should pay attention to the accuracy of the statement of claim: if the chosen remedy is not correct, it is reasonable to ask the claimant to clarify the case, but it is unacceptable to go beyond the stated claims. It is proposed to exclude from the Federal Law № 229-FZ "On Enforcement Proceedings" dated October 2, 2007 item 2 in Part 1 of Article 46 regulating return of unenforceable writs of execution, when the possibility of execution is not lost. The following ways to overcome unenforceability are specified: re-presentation of writs of execution, application for explanation of a judgment or writ of execution and change in the means of enforcement.