What Are The Terms Of Execution Of The Court Decision

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What Are The Terms Of Execution Of The Court Decision
What Are The Terms Of Execution Of The Court Decision

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The decisions taken by the courts based on the results of the consideration of cases, in accordance with the current legislation, are binding on all participants in the hearings. These decisions can be executed both voluntarily and compulsorily with the involvement of employees of the Federal Bailiff Service. The deadlines for the execution of court decisions may vary.

What are the terms of execution of the court decision
What are the terms of execution of the court decision

What is the time limit for the execution of the judgment?

In some cases, the term for the execution of a court decision is determined by the court taking into account the circumstances that determine the real possibility of its execution. If such a period is not specified, Article 210 of the Civil Code of the Russian Federation comes into force, according to which the decision must be enforced after its entry into force. The decision is considered to have entered into legal force after the time limit for the appeal or cassation appeal has expired, or it has not been appealed in the prescribed manner.

If an appeal has been filed against a decision made by a Justice of the Peace, it will enter into force after the appeal has been considered by the District Court, unless the appealed decision is overturned. In the event that the district court cancels or changes the decision of the magistrate by adopting a new decision, it enters into force immediately. In cases where a cassation appeal was filed, after the consideration of which the decision adopted by the court was not canceled, it comes into legal force immediately after consideration by the court of the cassation instance.

Solutions that take effect immediately

But there are a number of court decisions that take effect immediately. These cases are also stipulated in Article 210 of the Civil Code of the Russian Federation, these include decisions:

- on the award of the payment of alimony;

- on awarding the payment of wages to the employee, its amount is limited to one month;

- on the reinstatement of an employee who was illegally dismissed or transferred in violation of the law.

According to Article 211 of the Civil Code of the Russian Federation, a decision can be brought by the court to immediate execution in cases where the delay of this execution may cause significant damage to the claimant or when the delay in execution may make it impossible. Cases in which a decision can be made for immediate execution include, in particular, decisions:

- on the payment of monetary compensations in compensation for harm caused to the health of the victim, or caused the death of a person whose family depended on;

- on the awarding of royalties, as well as monetary awards to the authors of inventions, discoveries, rationalization inventions who have documents confirming their authorship.

If a decision made by a judicial authority is not voluntarily enforced, the court or judge has the right to enforce that decision and force the organization or individual to do so, acting in accordance with the rules set out in Chapter 13 of the Civil Code.

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