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Article

Неисполнение должником требования исполнительного документа - особое правонарушение?

In the present article author analyzes the actus reus of the legal wrongdoing of the debtor in the enforcement procedure and comes to the conclusion that we must not consider the enforcement as only the system of procedural relations with the participation of the bailiff. It must be remembered that many other blocks of law are integrated into the enforcement sphere including constitutional, administrative law, civil, family law and civil procedure, etc.

It means that the non-enforcement of the court acts as well as of non-judiciary documents are not the specific wrong-doings from the enforcement regime standpoint. By non-performing of writ of execution the debtor in the first instance ignores the execution of his obligation provided in the sphere of regulation, that is «serviced» by the enforcement procedure, and the specific «sectoral» illegality in the enforcement sphere does not exist.