Problems of Determining the Subject of Liability in the Form of a Court Fine in Arbitrazh Proceedings

Abstract

The arbitrazh procedural legislation aims to ensure the enforcement of judicial acts and the requirements of judges in arbitrazh courts, and to maintain order during court sessions. It provides several procedural tools to influence participants in the proceedings and other persons to compel them to fulfill their obligations. One such tool is the institution of judicial fines that represents a measure of legal responsibility (state coercion) expressed in the form of monetary penalties. Despite well-developed legal regulation of the institution of judicial fines in arbitrazh procedural legislation and long-standing and widespread practice of its application, there are still relevant issues concerning the necessity and expediency of imposing judicial fines on public legal entities, the competition between subjects of legal responsibility in the form of judicial fines, namely, public legal entities (organizations), their officials, and legal representatives. The paper analyzes different interpretations of specific procedural norms regulating the institution of judicial fines and the divergent development of judicial practice. It identifies the problems that mediate these issues and proposes ways to resolve them.