Asrtent

Student: Kocharskii Nikita

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

Abstract. For today the Russian analogue of the French institute "astrent", namely «judicial penalty»(article 308.3 of the Civil Code of the Russian Federation) exists in the Russian reality about five years. The incorporation of Astrent into domestic law, as well as any other borrowing of legal categories from foreign legal order, is accompanied by a number of problems that arise due to the neglect of foreign legal order («homeland» of the institution being implemented), as well as a number of other problems. Modern Russian jurisprudence on the application of judicial penalties reflects such problems. This study is devoted to the analysis of the following problems: under-estimation by courts of the amount of court penalty with reference to judicial discretion in the absence of objective reasons for such under-estimation; presence of formal fixation of criteria determining the amount of money to be awarded. A solution to these problems is presented in this study.

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