PROBLEMS AND PROSPECTS OF ENSURING THE PRACTICAL ENFORCEABILITY OF COURT DECISIONS

Sekretaryov Roman Viktorovich

The article addresses the problem of ensuring the practical enforceability of judicial acts. It distinguishes between the binding force and the enforceability of court decisions and highlights the main obstacles to their implementation in practice: vague wording in the operative part of judgments, procedural errors in identifying the responsible party, economic disproportionality between the judgment and the debtor’s capacity, and organisational difficulties in enforcement proceedings. Drawing on legal doctrine and case law, the article argues for improving both the quality of judicial acts and the mechanisms for their execution. The article formulates proposals to strengthen the guarantees of restoring violated rights through the effective enforcement of court decisions, with particular regard to the defendant’s conduct in the case.

Keywords:judicial act, enforceability, binding force, enforcement proceedings, civil procedure, commercial procedure