Annotation

The article analyzes the scope of application of the institution of judicial penalty (astreinte) in Russian law. It examines the evolution of judicial practice in which astreinte has gradually moved beyond the framework of classical civil law obligations and has begun to be applied in other categories of cases, including public law and labor disputes. It is shown that the initial restrictive model of astreinte application was based on its perception as a mechanism ensuring the enforcement of judicial acts requiring the performance of civil law obligations. However, the development of procedural legislation and judicial practice has led to an expansion of the possibilities for its use. Particular attention is paid to the criteria used by courts in determining the admissibility of awarding astreinte in public law disputes. The article also examines the problem of the absence of a judicial penalty mechanism in administrative proceedings, which creates an institutional gap in the system of mechanisms ensuring the enforcement of judicial acts