Reversal of Execution of a Judicial Act and Unjust Enrichment

The problem of determining the nature of the relations that arise when the execution is reversed is analyzed, whether it is possible to regulate them by the rules on unjust enrichment (Chapter 60 of the Civil Code of the Russian Federation) and, consequently, to protect the defendant’s rights by filing an appropriate claim. The author comes to the conclusion that reverse execution is an exclusively procedural institution; these relations were deliberately removed by the legislator from the private law sphere due to their special significance. Attempts to apply the rules on unjust enrichment can lead to conflicts that are difficult to resolve.