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Article

Об ограничении свободы должника в исполнительном производстве

The issue of effectiveness of limitations of debtor’s personal rights is considered in the article. The low level of actual enforcement causes new attempts to introduce additional penalties and other similar measures with regard to debtor. However, the formation of such measures is not always executed in systematic manner. Such measures are required to be systemized and differentiated. Well-structured, theoretically founded and pragmatic system of execution in the enforcement procedure is to be created. As the result of analysis of legislation and legal practice, as well as of statistical data, historical and foreign experience the author makes the conclusion that, firstly, the key problem of the effectiveness of relevant measures is the problem of considering the debtor’s conscientiousness, and, secondly, that limitation of debtor’s freedom should be applied as the penalty, considering proper legal safeguards used in legal liability mechanism.