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Article

Есть ли границы у ответственности должника в исполнительном производстве?

Закон. 2018. № 8. С. 53-61.

The author analyzes the limits of enforcement with regard to debtor in the enforcement procedure, taking into account the inadmissibility of ambiguously long and disproportionate state actions against debtor (including liability measures). Defining the limits of enforcement, it is assumed that debtor in the enforcement procedure does not stand again the state, represented by the bailiff, but the creditor. It means that enforcement is to be applied not in some abstract public interests, but as a rule, in the interests of other private person, holding the enforcement document issued for his/her name.

Substantive limits of exercising of the subjective rights define the procedural limits of its realization in the enforcement procedure. Consequently, in order to balance the interests of parties of enforcement procedure and state, the liability measures implied on the debtor in the enforcement procedure are to be differentiated taking into account the nature of the writ of execution, the fair distribution of risks if non-performance between the debtor and creditor.