ENFORCEABILITY OF COURT DECISIONS IN THE WRITINGS OF MARK A. GURVICH

Abstract

The paper is devoted to the examination of the category of enforceability in Prof. Mark A. Gurvich writings. The author covers the problem of enforceability of court decisions on enforceability. The author develops the statement according to which enforceability amounts to a mandatory characteristic inherent to all decisions that entered into force. This follows from the fact that the recourse to a court for protection of infringed rights is associated with the right of a claimant to sue in the material sense as an opportunity to enforce claims, and, therefore, technically there are no and can be no unenforceable decisions. However, a number of such claims are of non-monetary nature, which, when there is no any specific mechanism of enforcement, leads to impossibility of their enforcement in practice, to some extent because, in decisions on recognition or on obligating a debtor to undertake certain actions, there is no specific indication of any possibility for a debt-collector or a bailiff to carry them out in personal independently of a court. This contradiction manifests the lack of legal regulation of the procedure of court decisions enforcement for the whole category of cases, which should not be treated as the lack of enforceability for such decisions, as there is a possibility for such an act to be enforced by means of an enforcement procedure.