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Невозможность исполнения требования исполнительного документа в неизменном виде: проблема процессуального или материального права?

Закон. 2017. № 7. С. 27-40.
Author of the article submits the idea that many problems of the enforcement of the court acts could be solved through the improvement of substantive, but not procedural law. Using as the example the cases, where the debtor has been ruled to commit certain actions, also taking into account the experience of common law countries author analyzes the problems of effectiveness of enforcement of the mentioned categories of obligations in the enforcement procedure as well as application of the institute of change of means and procedure of enforcement on the enforcement stage. As the result, author takes note on the progressive exclusion of the general rule on the enforcement of obligations «in kind» due to the substantive obstacles of their enforcement in real life. It could also lead to the elimination of the procedural institutes, supporting this general rule in favor of the direct enforcement.