On the Issue of Judicial Forfeitures in Administrative Proceedings

The article is devoted to the problem of enforceability of judicial acts on public-law disputes, including those related to the imposition upon an administrative body or an official of the duty to exercise discretionary power. The author refers to the origins of this problem and comes to the conclusion that the measure of compulsion of administrative defendants to execute judicial acts should be indirect. Based on the analysis of available public law mechanisms of indirect coercion to the execution of a judicial act, the author points out that they either cannot be characterised as effective, or are disproportionate to the goal, and proposes a solution to the problem by introducing the mechanism of judicial forfeiture in the Code of Administrative Proceedings. The author notes that initially the legislator did not intend to extend it to cases of non-fulfillment of judicial acts on public law disputes, but the approach developed later in judicial practice, which allows the award of judicial forfeiture on certain public law disputes considered by arbitrazh courts, dictates the need to expand the scope of application of judicial forfeiture to cases of failure to fulfil any judicial decision on disputes arising from public legal relations, since there are no objective differences between them.