Means of Judicial Administrative Coercion: Grounds, Attributes and Types

The article focuses on the variety of types of judicial administrative coercion measures applied by judges of courts of general jurisdiction and arbitration courts for non-execution or improper execution of administrative acts and court decisions in administrative cases within the time limit set in them, in order to compel their proper and full enforcement, which in a generalized form are proposed to be called judicial measures administrative coercion. Taking into account the comprehensive analysis of the law enforcement practice of the courts and the norms of the current administrative and administrative procedural legislation of the Russian Federation (Administrative Code of the Russian Federation, CAS of the Russian Federation, APK of the Russian Federation, Federal Law “On Enforcement Proceedings”, federal laws on control and supervisory activities) regulating the grounds and procedure for the application of judicial administrative coercion measures, the article identifies the types and the signs of these measures, the actual problems of fragmentation of the regulation of judicial administrative procedural procedures for their application and enforcement are revealed, possible solutions are proposed.

Authors

Publication Details

Journal
Administrative law and procedure
Published
2024-09-05
DOI
https://doi.org/10.18572/2071-1166-2024-9-23-29
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Means of Judicial Administrative Coercion: Grounds, Attributes and Types

Natalya V. Landerson
Administrative law and procedure
Legal and Policy Issues
article

Means of Judicial Administrative Coercion: Grounds, Attributes and Types

Natalya V. Landerson
article en

Abstract

The article focuses on the variety of types of judicial administrative coercion measures applied by judges of courts of general jurisdiction and arbitration courts for non-execution or improper execution of administrative acts and court decisions in administrative cases within the time limit set in them, in order to compel their proper and full enforcement, which in a generalized form are proposed to be called judicial measures administrative coercion. Taking into account the comprehensive analysis of the law enforcement practice of the courts and the norms of the current administrative and administrative procedural legislation of the Russian Federation (Administrative Code of the Russian Federation, CAS of the Russian Federation, APK of the Russian Federation, Federal Law “On Enforcement Proceedings”, federal laws on control and supervisory activities) regulating the grounds and procedure for the application of judicial administrative coercion measures, the article identifies the types and the signs of these measures, the actual problems of fragmentation of the regulation of judicial administrative procedural procedures for their application and enforcement are revealed, possible solutions are proposed.

Administrative law and procedure
Openalex Percentile: Top 69%
Legal and Policy Issues
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