About the criteria for determining the amount of the court penalty (based on the materials of judicial practice)

The principles and criteria for determining the amount of money in case of non-execution of a court decision are investigated. It is proved that the legally established criteria are evaluative in nature, are not specified by the courts in relation to the individual circumstances of the dispute. The tendency of a significant underestimation of the amount of the penalty is critically assessed. Such astrent functions as stimulating and punitive are highlighted. It is concluded that it is necessary to take into account the financial (property) situation of the parties, the inadmissibility of the occurrence of negative social consequences as a result of the award of the penalty, the value of the dispute, the behavior of the defendant, the reasons and duration of non-performance of the act, the degree of its fulfillment, the measures taken by the debtor to perform, the nature of the unfulfilled obligation, the expected benefits of the debtor and negative consequences for the creditor from non-execution of a judicial act.