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1
Polyakov, V. V. « Forensic Classification of Subjects Counteracting Investigation of High-Tech Crimes ». Actual Problems of Russian Law 18, no 2 (19 janvier 2023) : 178–92. http://dx.doi.org/10.17803/1994-1471.2023.147.2.178-192.
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The paper defines the concept of counteraction to the investigation of high-tech crimes employing the author’s definition of high-tech crimes. A forensic classification of the subjects of this counteraction is proposed, in which the procedural status of these subjects is used as a formal classification criterion. A hierarchical classification scheme is described, which includes groups and subgroups of counteraction subjects of varying degrees of similarity. The subjects of «internal» opposition include participants in criminal proceedings, divided into four main groups: on the part of the defense; by the prosecution; administering justice; other subjects. For the subjects of «external» opposition, the following groups are identified: law enforcement officers who are not subjects of criminal proceedings in a specific criminal case; persons associated with the accused (defendants); heads of government bodies; media workers. For each group of subjects, forensically significant features of counteraction to the investigation of high-tech crimes are analyzed, typical motives and methods of counteraction are given. It is noted that the proposed classification scheme can be used not only for high-tech crimes, but also for other types of criminal acts.
2
Вяткин, Андрей Николаевич. « ON ENHANCING THE EFFECTIVENESS OF CONSIDERING APPEALS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS ». Rule-of-law state : theory and practice 18, no 2(68) (4 juillet 2022) : 56–62. http://dx.doi.org/10.33184/pravgos-2022.2.6.
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In the article, the author denotes as a problem the high level of unfounded complaints by participants in criminal proceedings, as well as the nature of barratry and the regulatory framework governing opposition to it. Purpose: to increase the effectiveness of the practice of considering complaints by reducing the proportion of unfounded ones, releasing resources for the restoration of real violated rights. Methods: the author applies empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and interpretation of legal norms. Results: a significant degree of influence of barratry as a phenomenon on the formation of the share of unfounded complaints of participants in criminal proceedings is revealed. The author thinks that the awareness and consideration of this factor in practice allows releasing significant reserves for protecting real affected citizens, thus ensuring a balance of the legitimate interests of the applicants, including the timeliness of medical assistance to persons who, due to their mental state, are capable of harming themselves or others. The underestimation of this factor, disregarding obvious signs of the applicant's mental disorder by law enforcement and supervisory officials, who are called upon, inter alia, to prevent offences should be regarded as improper performance of duties. Proposals are developed to improve the practice of considering complaints.
3
Etemi-Ademi, Bukurije, et Emine Zendeli. « Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia ». SEEU Review 16, no 1 (12 juin 2021) : 108–23. http://dx.doi.org/10.2478/seeur-2021-0002.
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Abstract The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.
4
Kogut, Natalya. « Perspectives of Further Reform of Judicial System ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 186–91. http://dx.doi.org/10.36695/2219-5521.2.2020.32.
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The main directions of appropriate judicial system reform in Ukraine in order to make it effective and equitable are investigatedin the article. The most important direction of judicial system reform is creating an independent judicial system from the other branchesof power. To this end, the other branches of power and President of Ukraine should be entirely excluded from judiciary forming. Theauthor persists that judges should have a disciplinary liability for unjust decisions, which not match or contradict to material norms. Forthis goal, it is worth to create jury trial for judges from the level of appeal. This jury trial should consist of lawyers of the highest ca -tegory and scientists in the sphere of law and be chosen for every case separately by occasional computer programmer in quite signi -ficant amount (for example 12 persons).To the other main directions of judicial system reform, the author relates:1) Creating a reliable mechanism of judges’ prosecution for his unjust decisions and corruption offences;2) Creating a balanced interconnection between judicial and law enforcement branches of power;3) Creating more reliable lever arm for litigators’ rights guarantying;4) Judicial practice unification and creating a steady mechanism of legal gaps and collisions overcoming;5) Improvement of the system of enforcement of judgements;6) Publicity and society access to the legal proceedings.Every direction has it’s peculiarities.Amongst the main reforms in these spheres are the following. Attorney General should be assigned by the Parliament opposition,it will provide court decisions against influence from the side of Parliamentary majority because Attorney General has right to prosecuteagainst judges.It is also important in the criminal proceedings to enact independent investigative authorities from the structure of prosecutionand national police. To provide enforcement of judgements it’s worth to improve financial stimulation of the officers for their positivework and to anticipate ban for criminal outpost in any case of corruption crimes. Also in order to fight against corruption it is worth toallow using any kind of video or audio records including hidden ones when they can be proves in the crimes committed by the publicofficers.
5
Medina Guerrero, Manuel. « Derecho a la vivienda y desahucios : la protección del deudor hipotecario en la jurisprudencia del TJUE ». Teoría y Realidad Constitucional, no 36 (1 juillet 2015) : 261. http://dx.doi.org/10.5944/trc.36.2015.16068.
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En los últimos años ha sido objeto de un amplio debate la configuración del procedimiento de ejecución hipotecaria, en el que se ha puesto el acento en sus deficiencias en una situación de crisis tan profunda como la que estaban padeciendo las familias en España. Especialmente, recibió severas críticas porque tradicionalmente ha restringido las posibilidades que tiene el deudor de oponerse a la ejecución. Y sin embargo, el Tribunal Constitucional, en repetidas ocasiones, había declarado la constitucionalidad del sistema procesal hipotecario, incluyendo la limitación de los motivos de oposición. En este contexto, el papel del TJUE ha sido determinante para que se procediera a la modificación del marco normativo interno al objeto de acomodarlo al derecho europeo (Directiva 93/137/CEE sobre las cláusulas abusivas en los contratos celebrados con consumidores). Con todo, la circunstancia de que la solución proviniera del derecho europeo en materia de protección de consumidores no debe eclipsar la circunstancia de que el principio de eficacia, que constituye el eje central de la argumentación del TJUE, no es sino expresión del derecho a la tutela judicial efectiva consagrado en el art. 47 de la Carta de Derechos Fundamentales de la Unión Europea.In the last years, the issue of mortgage enforcement proceedings in Spain has been the subject of an extensive debate drawing attention to the deficiencies of such procedure in a situation of severe crisis like the one Spanish households were experiencing. Particularly, it was highly criticized because there has been traditionally quite restricted possibilities of opposition for the defendant. However, the system of mortgage enforcement, including the limitation of grounds of objection, had been repeatedly declared in conformity with the Constitution by the Constitutional Court. In this context, the role of the Court of Justice of the EU has been crucially important in fine-tuning the national legal provisions in light of the European legal instruments (Directive 93/13/ EEC on unfair terms in consumer contracts). Nonetheless, the fact that the solution found in EU law emanates from the sphere of consumer protection law should not overshadow the fact that the principle of effectiveness is the main element at the basis of the reasoning of the Court, which in an expression of the principle of effective judicial protection enshrined in Article 47 of the Charter of Fundamental Rights of the European Union.
6
Kakitelashvili, Mikhail M. « Conceptual Approaches to the Organization of Prosecutorial Activities in the Fight Against Global Corruption ». Russian Journal of Legal Studies (Moscow) 9, no 1 (12 avril 2022) : 73–84. http://dx.doi.org/10.17816/rjls100496.
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On the basis of analysis of international acts, national legislation, and law enforcement practice, the article shows the conceptual approaches in the organization and activities of prosecutorial authorities in the fight against corruption. This article aims to determine optimal ways to improve the legal status of the prosecutors office to improve its effectiveness against corruption.
The objectives of the study are to identify international principles in the organization of international anti-corruption bodies; to identify the problems of organization in the activities of specialized anti-corruption prosecution services; to determine the main directions of prosecutorial activities in the fight against corruption; to identify the role of international cooperation of prosecutors in the fight against corruption.
The object of the study were public relations formed in the process of the prosecutors office in the fight against corruption, and the subject the rules of law governing the activities of prosecutorial authorities and the practice of their application.
The methodology of research is general scientific methods of knowledge (dialectical, analysis and synthesis, modeling, and so on).
The article contains a comparative legal analysis of the legislation of foreign countries regulating the activities of prosecutors in the fight against corruption. Particular attention is paid to the organization and activities of prosecutorial authorities of CIS countries. Proceeding from the specifics of organization and activity, prosecutorial authorities of foreign countries are endowed with different volumes of powers in combating corruption. The engagement of prosecution authorities worldwide in combating corruption has led to the creation of specialized units within their structure. In many countries, however, an inter-agency opposition exists between specialized anti-corruption bodies and prosecutors offices due to overlapping responsibilities.
The prosecution authorities of Belarus, Russia, Kazakhstan, Uzbekistan, Tajikistan, and other countries have the greatest powers in the criminal and non-criminal spheres. Prosecutors offices in these countries are empowered to supervise the implementation of anti-corruption legislation and coordinate anti-corruption activities of the entire law enforcement system. A promising direction to improve the effectiveness of prosecution is the introduction of SWOT-analysis in its activities. Moreover, based on interstate training centers, a need for the advanced training of prosecutors persists. Considering the positive experience of creating the European Public Prosecutors Office, the expediency of granting the Coordinating Council of Prosecutors General of the CIS countries with additional powers to coordinate the activities of prosecution authorities in the fight against corruption was substantiated.
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Tsirina, Madina A. « DIGITALIZATION OF ENFORCEMENT PROCEEDINGS ». Public international and private international law 1 (5 février 2020) : 42–45. http://dx.doi.org/10.18572/1812-3910-2020-1-42-45.
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Fursa, S. Ya, et E. I. Fursa. « The theory of the executive process and its conceptual apparatus ». Uzhhorod National University Herald. Series : Law, no 64 (14 août 2021) : 346–51. http://dx.doi.org/10.24144/2307-3322.2021.64.63.
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The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings:
1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).
9
Bakurova, N. N. « Administrative coercion in enforcement proceedings ». Courier of Kutafin Moscow State Law University (MSAL)), no 6 (25 septembre 2021) : 56–62. http://dx.doi.org/10.17803/2311-5998.2021.82.6.056-062.
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The article examines administrative coercion in enforcement proceedings as a legal phenomenon. The author considers it, firstly, as one of the types of state coercion, and secondly, as a kind of administrative coercion, and comes to the conclusion that enforcement proceedings are inseparable from administrative coercion by their nature. Both elements that make up the general concept under study are generated by the state, are necessary for the exercise of state power, the achievement of a publicly significant goal. This goal is determined by the actual enforcement proceedings as a necessary specific type of activity aimed at completing the cycle of jurisdictional proceedings: in cases of administrative offenses, civil, arbitration, administrative proceedings, and others, to solve its tasks. In enforcement proceedings, only its combination with administrative coercion can achieve the goal of public authority, to achieve the real execution of the act of a jurisdictional body, an official. In addition, administrative coercion is a method of public administration, an effective tool with which enforcement proceedings are carried out. The article also presents the author’s classification of types of administrative coercion in enforcement proceedings, and raises the problem of improving the legislation on it.
10
Božić, Darko, et Amira Selimović Maljišević. « TROŠKOVI IZVRŠNOG POSTUPKA U REPUBLICI SRPSKOJ ». Glasnik prava XII, no 2 (décembre 2021) : 95–111. http://dx.doi.org/10.46793/gp.1202.095b.
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In this paper, the autors analyzes the regulation of the institute of costs of enforcement proceedings in the Republic of Srpska. In that regard, the autors elaborates important questions related to legislation, the term costs enforcement proceedings, the legal nature costs enforcement proceedings, the request for compensation of costs, deciding on costs of proceedings, exemption from the reimbursement of the costs of the proceedings, caution iudicatum solvi. The goal is to create a complete picture of costs enforcement proceedings.
11
Kożuch, Piotr. « Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji ». Studia Prawa Publicznego, no 2(14) (4 décembre 2019) : 121–45. http://dx.doi.org/10.14746/spp.2016.2.14.5.
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The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
12
Kożuch, Piotr. « Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji ». Studia Prawa Publicznego, no 2(14) (24 septembre 2018) : 121–45. http://dx.doi.org/10.14746/stpp.2016.2.14.5.
Texte intégralRésumé :
The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
13
Dalkowska, Anna. « Legal succession of property-related obligations in administrative enforcement proceedings ». Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości II, no II (30 juin 2021) : 7–25. http://dx.doi.org/10.5604/01.3001.0014.9264.
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Legal succession of property-related obligations in administrative enforcement proceedings is a key issue for the protection of the public interest. Coercive enforcement measures directed against the obliged entity, in accordance with the content of the enforceable title, serve the purpose of compulsory performance of the obligation. A change or transformation of the addressee of an obligation while maintaining the identity of the enforcement case and the content of the enforcement relationship determines the legal situation of the parties to the enforcement proceedings, i.e. the obliged entity, its successor, the public-law creditor, the enforcement authorities and other participants to the proceedings. The property-related nature of the obligation implies the consequences of the enforcement transformation in a specific way, i.e. both at the procedural and substantive-law levels, leading to a joint and several liability of the obliged parties and their co-participation in enforcement proceedings. The statutory regulation laid down in Article 28a of the Act on Enforcement Proceedings in Administration is not sufficient, therefore, legal scholars’ writings, court rulings and practice play an important role this matter.
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Kapranov, А. V., et Y. V. Kapranova. « ESSENTIAL CHARACTERISTICS OF ENFORCEMENT PROCEEDINGS AS AN INTEGRAL PART OF THE ADMINISTRATIVE PROCESS ». Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no 3 (2021) : 323–30. http://dx.doi.org/10.37279/2413-1733-2020-6-3-323-330.
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Enforcement proceedings are the sphere of activity of authorized officials of Federal Executive authorities who carry out non-judicial enforcement of judicial acts and acts of Executive power on the basis of administrative procedural norms. Along with bailiffs and officials of the FSSP of Russia, other subjects, officials of the Ministry of internal Affairs of Russia, the Federal security service of Russia, the Ministry of emergency situations of Russia, and others, are given authority to execute law enforcement acts by Federal legislation. The article considers the essence and content of the Executive process as an integral part of the administrative process. The authors analyze the concept of enforcement proceedings, identify its content as an administrative and legal institution. The analysis of the concept of enforcement proceedings and its sources allows us to conclude about the understanding of its essence as a type of administrative process. The article highlights the role of enforcement proceedings in the mechanism of protection of human and civil rights and freedoms. The article considers various characteristic features of enforcement proceedings that allow it to be differentiated from other types of proceedings, identifies the subject of regulation, goals and objectives, principles, participants, stages and features of enforcement proceedings.
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Nodżak, Agata. « ABOUT A BLACK SWANS, E-ADMINISTRATION AND EUROPEAN FUNDS – REALIZATION OF PUBLIC TASKS IN THE PERIOD OF THE EPIDEMIC EMERGENCY ». Roczniki Administracji i Prawa 3, no XX (30 septembre 2020) : 255–73. http://dx.doi.org/10.5604/01.3001.0014.4274.
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The article contains an analysis of selected provisions of the Act on enforcement proceedings in administration after the amendment in 2019. Administrative enforcement proceedings and administrative enforcement that is an integral part thereof are a type of procedures that should follow certain general principles. These principles were formulated by the legislator, as well as legal solutions that were to be an expression of their implementation. According to the author, the amendment to the Act on enforcement proceedings in administration of 2019 has significantly changed the course of enforcement proceedings, resulting in a new model for shaping this administrative procedure.
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Bakurova, Natalya N. « Principles of Executive Proceedings : Public Law Aspect ». Administrative law and procedure 10 (6 octobre 2022) : 31–38. http://dx.doi.org/10.18572/2071-1166-2022-10-31-38.
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The article discusses the principles of enforcement proceedings as a public legal basis for enforcement in the activities of a bailiff. Along with the legal principles of enforcement proceedings enshrined in a special Federal law, such as legality, timeliness of enforcement actions and enforcement measures, respect for the honor and dignity of a citizen, the inviolability of the minimum property necessary for the existence of a debtor-citizen and his family members, the correlation of the volume of the recoverer’s claims and enforcement measures, the author proposes to fix in The principle of the protection of human rights, citizens, organizations in court and out of court, which would serve as a legal basis for the protection of legitimate expectations in enforcement proceedings, contributed to the reflection of law enforcement reality in Russia. The author also argues that enforcement proceedings should be considered both from the point of view of the importance and provision of public and private legal interests, concludes that it is a public legal means of ensuring law and order, determines the general patterns of operation of the principles of law in general and public law in particular. Taking into account the universal fundamental nature of the legal category under consideration, the principles of executive. The thesis on the importance and necessity of ensuring the basic public law principles of enforcement proceedings in the theory of law, legislation,in practice as an ideal model and purpose of the competent executive authority is proposed.
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Kuznetsov, E. N. « SYSTEM OF PROBLEMS OF ENFORCEMENT PROCEEDINGS IN CASES ARISING FROM FAMILY LEGAL RELATIONS ». Juvenis scientia, no 10 (2018) : 52–56. http://dx.doi.org/10.32415/jscientia.2018.10.11.
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The article deals with the system problems of the russian family enforcement proceedings. There are various categories of enforcement proceedings in cases arising from family relations. Current statistics of the development of enforcement proceedings on the topic under study are given. The purpose of the study is the systematic nature of the problems of enforcement proceedings, the importance for them of a practical solution to the study of issues of law, economics, politics and social relations in their interaction. The object of the study are socially significant social relations for russian society, state, and specific individuals that arise in the sphere of compulsory execution of executive documents issued on family disputes. The study analyzed the program documents of the Ministry of Justice of Russia, the current legal practice in the field of enforcement proceedings, and affected international experience. Based on the results of the research, specific ways of increasing the effectiveness of russian enforcement proceedings in family disputes.
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Olenin, Dmitriy A. « The English Model of Enforcement Proceedings ». Arbitrazh-civil procedure 3 (4 mars 2021) : 53–57. http://dx.doi.org/10.18572/1812-383x-2021-3-53-57.
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The article is devoted to the enforcement proceedings in England. The author examines the specific characters of the system of compulsory execution of judicial acts in civil cases in England, together with the measures of compulsory execution provided by the English procedural legislation and the procedure for their application. Analyzing foreign legislation, the author concludes that in England there is a mixed decentralized judicial enforcement system. Also, the author identifies a big importance of the recoverer in enforcement proceedings in England. Consequently, the role of the enforcement agent in England is reduced to the implementation of the recoverer’s will by order of the court.
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Bulyk, I. L. « FEATURES OF ENFORCEMENT PROCEEDINGS IN UKRAINE ». Kyiv Law Journal, no 1 (2021) : 65–71. http://dx.doi.org/10.32782/klj/2021.1.10.
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Ageeva, G. E. « Digital Transformation of Enforcement Proceedings : Russian Experience ». SHS Web of Conferences 71 (2019) : 02009. http://dx.doi.org/10.1051/shsconf/20197102009.
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In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.
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Chomiak-Orsa, Iwona, et Andrzej Greńczuk. « CENTRAL INFORMATION ABOUT COURT PROCEEDINGS AND ENFORCEMENT PROCEEDINGS – CONCEPT OUTLINE ». Informatyka Ekonomiczna, no 45 (2017) : 33–43. http://dx.doi.org/10.15611/ie.2017.3.03.
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Wilson, Mark B., et Daniel Alge. « Patent Opposition Considerations for the Technology Transfer Professional ». Industry and Higher Education 21, no 2 (avril 2007) : 169–74. http://dx.doi.org/10.5367/000000007780681067.
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Many jurisdictions, including the European Patent Office (EPO), have opposition proceedings in which an interested third party can challenge the validity of the claims of an issued patent. The United States Congress is considering legislation that would introduce opposition proceedings in the USA. This paper reviews the existing EPO and proposed US opposition procedures and provides practical suggestions for dealing with oppositions.
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Gubina, E. N., et D. V. Davitavyan. « PROTECTION OF THE RIGHTS OF THE JUDGMENT CREDITOR IN ENFORCEMENT PROCEEDINGS : CHALLENGES AND PROSPECTS FOR DEVELOPMENT ». Juridical Journal of Samara University 6, no 4 (27 décembre 2020) : 136–41. http://dx.doi.org/10.18287/2542-047x-2020-6-4-136-141.
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Based on the analysis of scientific literature, the paper defines the concept of protection of rights in enforcement proceedings. The article discusses the provisions of the current executive legislation on the protection of the rights of the claimant in enforcement proceedings. The study of the concept of protection of rights and its legal nature is relevant for enforcement proceedings, however, will allow a comprehensive review of special ways to protect the rights of claimants. In the legal literature, you can find different approaches to determining the legal meaning of the term protection of rights. There is no single approach to the definition of protection of rights. The difference in the interpretation of the concept is due to the multidimensional nature of the term and the variety of methodological attitudes of the authors in the study of the object of knowledge. Particular attention is paid to the issue of the possibility of foreclosure on the debtor's only residential premises in order to establish a balance of interests in the framework of enforcement proceedings. To ensure the rights and legitimate interests of the claimant in enforcement proceedings and eliminate gaps in the current enforcement legislation, the authors propose to make amendments and additions to the current legislation, in particular, to the Federal Law On enforcement proceedings.
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Kostwiński, Marcin. « Pozycja stron postępowania egzekucyjnego w świetle nowelizacji z 4 lipca 2019 r. – zagadnienia wybrane ». Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020) : 121–35. http://dx.doi.org/10.15584/znurprawo.2020.29.8.
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In this article, the author discusses selected issues concerning amendments in enforcement proceedings, which were introduced as part of the amendment to the Code of Civil Procedure of 4 July 2019. Issues discussed were the grounds for refusing to grant an enforcement clause, considering the limitation period in the enforcement proceedings and transferring the rights to the legal successor of the creditor. These amendments were assessed on the functional and purposeful level in the context of the situation of the enforcement proceedings’ parties.
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Prytuliak, Valerii, Oleksandr Hofman, Olha Verba, Svitlana Shcherbak et Oleksandr Leshchenko. « Protection of individual rights in enforcement proceedings under martial law ». Revista Amazonia Investiga 11, no 54 (30 août 2022) : 50–56. http://dx.doi.org/10.34069/ai/2022.54.06.5.
Texte intégralRésumé :
The invasion of the Russian Federation on the territory of Ukraine changed both the world order and the state of protection of the rights of individuals on the territory of Ukraine. The introduction of martial law on the territory of Ukraine introduced many restrictions, including those regarding enforcement proceedings. Therefore, it is essential to examine the specifics of the security of individual rights in enforcement proceedings under martial law. The purpose of the work is to study the peculiarities of the safeness of individual rights in enforcement proceedings, caused by the state of war in the territory of Ukraine. The research methods are: dialectical, formal-legal, logical methods, historical method, analytical method, comparative-legal method. Thanks to the conducted research, it was analyzed, the features of enforcement proceedings under martial law were analyzed, and special attention was paid to the possibilities of protecting the rights of the debtor and debt collector during martial law. It is also examined how the state of operation of the automated system of enforcement proceedings affects the protection of the rights of the parties to the enforcement proceedings, opportunities for activities in controlled territories, and private executors. Based on the studied materials, it was concluded that there are currently several significant restrictions in place to protect the rights of individuals in enforcement proceedings, but such restrictions are justified, taking into account the need to ensure national security against malicious actions and unauthorized hacking of state services.
26
Muylle, Koen, Rod Hunter et Frederic Hendrickx. « Environmental Enforcement in Europe ». European Energy and Environmental Law Review 7, Issue 2 (1 février 1998) : 47–54. http://dx.doi.org/10.54648/eelr1998007.
Texte intégralRésumé :
The limited role of the EC in enforcing Community environmental law - proceedings before the EC J- IMPEL; Enforcement tools available in the Member States - comparison with the position in the U.S. - administrative and criminal sanctions - absence of civil penalties outside tort law - the trend towards strict liability and the decline of mens rea - enforcement against individuals; Inspection and enforcement procedures - evidence gathering - powers of inspectors - criminal investigations - third party claims and citizen suits -presumptions of innocence - negotiating settlements; Management and compliance programs and their role in reducing the risk of enforcement proceedings.
27
Dubis, Szymon. « Police cooperation with the enforcement authorities in the enforcement proceedings in administration ». Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020) : 37–54. http://dx.doi.org/10.15584/znurprawo.2020.31.3.
Texte intégralRésumé :
On the basis of the science of administrative law and administration, praxeology or organization theory, nowadays, there is a view, that administrative entities should cooperate with each other while performing public tasks. The cooperation of public administration entities as a principle of law, was reflected in the Polish Constitution of 1997 and its content was developed and specified in legislation. The enforcement authorities are entities that enter in different legal relations with participants of the administrative enforcement during their proceedings. At the same time, they are the obligatory participants of the enforcement relationship. The aim of the administrative enforcement proceedings is to compel the obligated entities to meet their obligations which are subject to the administrative enforcement. As the enforcement authorities enter into different legal relations with participants of the administrative enforcement, specific legal instruments were conferred on them, including providing assistance or cooperation. These serve to achieve the aim of the proceedings. Among others, the enforcement authorities cooperate with the police, so that the legal instruments they were given, would be effective. The aim of this article is to outline the essence of the concept of cooperation as a general principle of administrative law and to indicate legal instruments on which the enforcement authorities can cooperate with the police, so that the aim of their proceedings could be achieved. Moreover, the article refers to the procedure for using the legal instruments conferred to the enforcement authorities, i.e. providing assistance and cooperation. It also describes the behaviour of a police officer while being designated for assistance or cooperation.
28
Kravtsov, Alekseу Yur'evich, et Dmitrii Ivanovich Makushev. « Denationalization of enforcement proceedings : foreign experience and prospects for Implementation in the Russian Federation ». Административное и муниципальное право, no 4 (avril 2021) : 45–58. http://dx.doi.org/10.7256/2454-0595.2021.4.36944.
Texte intégralRésumé :
Current state of the world economy and the development of private law institutions implies limited interference of the government in the activity of the actors of social relations based on their equality, autonomy of will, and property autonomy. Foreign experience demonstrates that the transfer of certain public functions from the government to nongovernmental or private entities yields positive results. One of such spheres of activity is the enforcement of court decisions and acts of other branches, which in a number of countries is carried out by private executors. At the same time, the effectiveness of the nongovernmental model of enforcement proceedings first and foremost depends on the quality of legal regulation. This article is dedicated to the analysis of Russian and foreign models of enforcement proceedings. The authors explore the mechanisms of denationalization of the state system of enforcement of executive documents and the prospects for its implementation in the Russian Federation. The scientific novelty of the research consists in the development of the key vectors of reforming the system of enforcement proceedings in the Russian Federation associated with partial transfer of the authority on enforcement of executive documents from bailiffs to private enforcement agents. It is noted that recently the rate of enforcement of executive documents has not been sufficient to indicate the effectiveness of enforcement proceedings, which is primarily substantiated by the increased workload of bailiffs. The conclusion is made on the need to reform the mixed model of enforcement proceedings in the Russian Federation, which includes two links: governmental and nongovernmental. The basic characteristics of such a model are formulated.
29
Muzyczka, Karolina. « Powers of a party in administrative enforcement proceedings ». Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 3, no 40 (30 septembre 2021) : 25–42. http://dx.doi.org/10.5604/01.3001.0015.4456.
Texte intégralRésumé :
Enforcement in administrative enforcement proceedings consists in the establishment by a competent public administration body of a state coercive measure in order to fulfill public-law obligations. Thus, administrative enforcement is a form of direct interference by public administration bodies in the sphere of rights and freedoms of an individual, which means that it is subject to legal regulation. In order to provide an individual with protection against unjustified interference with their rights and freedoms, the possibility of applying legal measures against acts and enforcement actions against them was granted.
30
Radwanowicz-Wanczewska, Joanna, et Nicola Fortunato. « Non-ruling forms of activity of public administration in administrative enforcement proceedings ». Białostockie Studia Prawnicze 26, no 5 (1 décembre 2021) : 229–42. http://dx.doi.org/10.15290/bsp.2021.26.05.14.
Texte intégralRésumé :
Abstract The article contains an analysis of the issues related to the application of non-ruling forms of activity of public administration in the performance of public law obligations through administrative enforcement proceedings. In principle, as part of such proceedings, public law obligations, understood as orders or prohibitions within the area of administrative law and other branches of law applied by administrative authorities (tax law, financial law, labor law), are carried out. Non-ruling forms of activity play a major role in administrative enforcement proceedings. The implementation of an enforcement measure may be related to authorized entities taking not only ruling, but also non-ruling actions. In order to apply an enforcement measure (which constitutes an institutionalized form of administrative compulsion), an administrative authority, on occasion, has to take non-ruling activities. Considering, primarily, the significant severity of the compulsion measures that may be applied towards the party obliged under enforcement proceedings, this proceedings should be carried out with respect for the values of a democratic state and with due care for the good of an individual.
31
Bulat A., Tugutov. « Features of the Legal Status of the Bailiff-Executor ». Rossijskoe pravosudie, no 6 (25 mai 2022) : 47–54. http://dx.doi.org/10.37399/issn2072-909x.2022.6.47-54.
Texte intégralRésumé :
The article analyzes the features of the procedure for the enforcement of judicial acts and acts of other authorized bodies and the legal position of the bailiff as the central figure of the enforcement proceedings. Both the norms of the legislation on enforcement proceedings and the opinions of legal scholars concerning the procedural rights and obligations of the bailiff are given, ways to improve the current legislation are proposed. The specifics of legal relations in the field of enforcement proceedings as a procedure for the enforcement of judicial acts and acts of other specially authorized bodies inevitably determine the peculiarities of the procedural position of the Federal Bailiff Service within this procedure. In this regard, the authors, as a research goal, have attempted to determine the real legal status of a bailiff in this area and to identify the most urgent problems that arise in the implementation of his main powers. To achieve this goal, both general scientific (logical and systematic) and private scientific (formal-legal, comparative-legal, interpretation of law) research methods are used. It is established that the bailiff is the central figure in the enforcement proceedings, having multiple procedural functions within this procedure at each stage of the enforcement proceedings. The author presents his own classification of the powers of a bailiff in the framework of the procedure for the enforcement of judicial acts, analyzes the provisions of current legislation, as well as the positions of legal scholars, materials of the law enforcement practice of the Federal Bailiff Service. The problematic issues that arise during the implementation of the bailiff’s functions within the framework of enforcement, as well as in the process of his interaction with the bodies and officials involved in the process of its implementation, are investigated. Proposals have been made to improve the provisions of the current legislation on enforcement proceedings and other regulatory documents related to the establishment of the legal status of a bailiff, which can later be taken into account when developing the draft Executive Code of the Russian Federation.
32
Bakurova, N. N. « The Role of Enforcement Proceedings in Ensuring National Security ». Courier of Kutafin Moscow State Law University (MSAL)) 1, no 11 (20 janvier 2023) : 60–69. http://dx.doi.org/10.17803/2311-5998.2022.99.11.060-069.
Texte intégralRésumé :
The article examines the role of enforcement proceedings as a legal phenomenon in ensuring national security. The author considers it, firstly, as a legal means of ensuring national security in general, at the same time and mainly as a tool for ensuring a specific decision of an authority, an official in relation to a single citizen, organization. This proves the importance of the role of enforcement in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. The author explains the necessity of enforcement proceedings, the existence of the institution of enforcement by the presence of the state, comes to the conclusion that as long as the state exists, it will need tools for the enforcement of power decisions. According to the author, enforcement proceedings are a means of ensuring the national security of the Russian Federation.At the same time, the author also claims that enforcement proceedings are one of such means, since the national security of the state is a complex, systemic, collective phenomenon, provided by various public authorities, public administration, including, above all, executive authorities. Considering the national security of the state from the point of view of the state of protection of national interests from internal and external threats, of course, the author takes into account the multidimensional nature of such interests.This also allows us to come to the conclusion that, in essence, the latter represent values in various areas of public relations, the features of which need special tools, including in the form of enforcement proceedings, and which are used only in the case of protection of legal values. Thus, enforcement proceedings are on guard to ensure the national security of the state in the economic, socio-cultural, administrative and political spheres of society and the state.
33
Myrna, Bogdan. « Instytucja odroczonego warunkowego zwolnienia skazanych w postępowaniu karnym wykonawczym art. 164 § 2 k.k.w. » Nowa Kodyfikacja Prawa Karnego 48 (28 novembre 2018) : 69–82. http://dx.doi.org/10.19195/2084-5065.48.5.
Texte intégralRésumé :
Suspended conditional release in criminal enforcement proceedings Article 1642 of the Criminal Enforcement CodeThe author of the article examines suspended conditional release in criminal enforcement proceedings Article 1642 of the Criminal Enforcement Code. He discusses the institution in question, presenting its origins, analysing the provisions concerning both the substantive and formal legal rules and basis of such conditional release, as well as considering its usefulness in social reintegration of former prisoners.
34
Dzhura, V. V., D. A. Kovarin et B. A. Tugutov. « Сourt as a Subject of Enforcement Proceedings ». Rossijskoe pravosudie 2 (28 janvier 2021) : 55–63. http://dx.doi.org/10.37399/issn2072-909x.2021.2.55-63.
Texte intégralRésumé :
The specifics of legal relations in the sphere of enforcement proceedings as a procedure for compulsory execution of judicial acts and acts of other specially authorized bodies inevitably affect the features of the procedural position of the judicial bodies in this procedure. In this regard, the authors have attempted to determine the actual legal status of the court in this area and identify the most pressing problems that arise in the implementation of its main powers. To achieve this goal, both General scientific (logical and system) and private scientific (formal legal, comparative legal, legal interpretation) research methods were used. It is established that the court is not a monofunctional body, having multiple procedural functions in this procedure at almost every stage of enforcement proceedings. The authors describe their own classification of the powers of courts of arbitration and courts of General jurisdiction in the procedure of compulsory execution of judicial acts, the provisions of the current legislation and legal positions of legal scholars, the materials of law-enforcement practice of the Federal bailiff service. The author studies problematic issues that arise in the course of the courts' performance of their functions in the framework of enforcement, as well as in the process of interaction with the bodies that perform it. Special attention is also paid to the so-called «judicial rulemaking» carried out by the highest judicial authorities of the Russian Federation, and it is concluded that the authority of their guidelines is gradually increasing, including in the field of enforcement proceedings. In addition, it is concluded that the provisions of the current legislation on enforcement proceedings in conjunction with the array of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation may in the future become the legal and practical basis for the draft Executive code of the Russian Federation.
35
Chertoroev, Dmitriy Aleksandrovich. « Issues of premeditated bankruptcy in enforcement proceedings ». Current Issues of the State and Law, no 11 (2019) : 354–63. http://dx.doi.org/10.20310/2587-9340-2019-3-11-354-363.
Texte intégralRésumé :
Bankruptcy is an effective legal mechanism that allows people to get out of difficult financial situations. This mechanism is designed to reduce the debt burden on persons who are somehow in a difficult situation. In the Russian Federation, currently, the bankruptcy mechanism application or, in other words, the financial insolvency of a person is possible in relation to both individuals and legal entities. There are many people who, if there are visible gaps in the law, try to take advantage of them for personal purposes. Legislation in the field of financial insolvency is no exception-there was a concept of premeditated bankruptcy. Premeditated bankruptcy – bankruptcy carried out by a person artificially, with the creation of circumstances and conditions conducive to the recognition of a person bankrupt. The Russian legislation establishes punishment for premeditated bankruptcy, however the main difficulty is not the punishment of a person, but the proof of the fact of premeditated bankruptcy. We propose a solution to this problem, but not in the form of a typical increase in punishment, but in the form of strengthening the legal consequences after obtaining the status of bankrupt. Strengthening of consequences of obtaining the status of the bankrupt can warn persons from receiving such status intentionally, without necessary circumstances, artificially forming the circumstances necessary for obtaining the above-mentioned status. We establish possible ways to strengthen the consequences of obtaining the status of bankrupt, as well as specific proposals for improving the legislation on bankruptcy.
36
Kesaeva, Victoria Anatolyevna. « Features of the problems of enforcement proceedings ». Право и государство : теория и практика, no 3 (2021) : 141–42. http://dx.doi.org/10.47643/1815-1337_2021_3_141.
Texte intégral
37
Vollmer, Andrew. « Accusers as Adjudicators in Agency Enforcement Proceedings ». University of Michigan Journal of Law Reform, no 52.1 (2018) : 103. http://dx.doi.org/10.36646/mjlr.52.1.accusers.
Texte intégralRésumé :
Largely because of the Supreme Court’s 1975 decision in Withrow v. Larkin, the accepted view for decades has been that a federal administrative agency does not violate the Due Process Clause by combining the functions of investigating, charging, and then resolving allegations that a person violated the law. Many federal agencies have this structure, such as the Securities and Exchange Commission (SEC) and the Federal Trade Commission. In 2016, the Supreme Court decided Williams v. Pennsylvania, a judicial disqualification case that, without addressing administrative agencies, nonetheless raises a substantial question about one aspect of the combination of functions at agencies. The Court held that due process prevented a judge from sitting in a case in which he had participated as district attorney years earlier. The operative principle for the decision was that “the Court has determined that an unconstitutional potential for bias exists when the same person serves as both accuser and adjudicator in a case.” This Article concludes that the reasoning of Williams should supersede Withrow on the need to disqualify a specific commissioner or agency head from participating in a particular adjudication if the agency official played a meaningful role, such as voting to approve enforcement charges, in the process leading to the agency’s initiation of proceedings against the defendant. Voting to approve enforcement charges would be a meaningful role. The due process cases do not permit a compromise on the high standards of impartiality demanded of a final agency decision maker in an adjudication to determine whether a private party committed a violation of law. That reading of Williams threatens to unsettle standard practices at various agencies, but a closer look at the procedures of the SEC shows that it would be able to accommodate the rule in Williams yet retain the combination of charging and adjudicating at the Commission level. Because of turnover of Commissioners and quorum rules, the SEC could continue to have the agency leaders bring enforcement cases and review nearly all administrative law judge decisions while disqualifying individual Commissioners under Williams when necessary.
38
Kouba, Tomáš. « Tax Enforcement of Execution and Insolvency Proceedings ». Acta Oeconomica Pragensia 25, no 3 (1 juin 2017) : 57–67. http://dx.doi.org/10.18267/j.aop.582.
Texte intégral
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Яворський, Адріан. « PROTECTION OF A FARM IN THE COURSE OF JUDICIAL ENFORCEMENT PROCEEDINGS BY A BAILIFF" ENFORCEMENT PROCEEDINGS - GENERAL ISSUES ». Актуальні проблеми права : теорія і практика, no 1 (37) (24 janvier 2020) : 120–28. http://dx.doi.org/10.33216/2218-5461-2019-37-1-120-128.
Texte intégralRésumé :
In the Polish civil law, and in the civil procedure behind it, we are dealing with increased protection of farms, in particular farms run by individual farmers. Factors justifying this special protection of an agricultural holding are the variable economic situation on the agricultural market, conducting agricultural activity in specific conditions independent of the farmer (e.g. type of soils, climatic conditions), as well as the most important, constitutional protection of individual agricultural holdings. The basis of the agricultural system of the state is a family farm (Article 22 of the Constitution of the Republic of Poland), the legislator must adjust lower-ranking provisions to this constitutional primacy, hence the above restrictions have been introduced to the code of civil procedure.
Key words: court, enforcement bodies, Enforcement of a farm by a bailiff, civil procedure.
40
Śladkowski, Mariusz. « COMPLAINT ON THE BAILIFF’S ACTIVITIES AS A MEANS OF PROTECTION IN THE COURSE OF ENFORCEMENT PROCEEDINGS ». Roczniki Administracji i Prawa 3, no XX (30 septembre 2020) : 237–53. http://dx.doi.org/10.5604/01.3001.0014.4246.
Texte intégralRésumé :
The purpose of judicial enforcement civil proceedings is to enforce enforceable rights established or established in investigative proceedings. Therefore, the optimal solution would be if the necessity of its initiation appeared as seldom as possibile. Unfortunately, the period of fluctuations in the global economy, affecting the economic situation in Poland, punishes with special attention towards those institutions of enforcement proceedings whose task is to enable the forced execution of obligations. One of the most important institutions of civil enforcement proceedings is a complaint about the bailiff’s action. The method of shaping its legal nature requires the legislator to maintain a certain balance between providing due protection to both parties to enforcement proceedings, i.e. both the creditor and the debtor. The necessity to protect the latter is obvious to the public, which results from the considerable powers of the bailiff in the course of execution. From the viewpoint, however, one cannot lose the interest of the creditor, who has the full right to expect from the rule of law, appropriate assistance in the efficient and possibly quick recovery of claims covered by the relevant writ of execution.
41
Galuzina, Ksenia A. « The Balance of Interests of Parties to Enforcement Proceedings in Laws and the Judicial Practice ». Arbitrazh-civil procedure 5 (20 mai 2021) : 57–60. http://dx.doi.org/10.18572/1812-383x-2021-5-57-60.
Texte intégralRésumé :
In this publication, the author focuses on the fact that the task of enforcement proceedings is the correct and timely execution of judicial acts, and not the punishment of the debtor. In this regard, the need to balance the interests of the parties of the enforcement proceedings in legislature and in judicial practice is justified.
42
Bakurova, Natalya N. « New Models of Human Rights Protection in Enforcement Proceedings : The Administrative Procedure Aspect ». Administrative law and procedure 3 (10 mars 2022) : 70–73. http://dx.doi.org/10.18572/2071-1166-2022-3-70-73.
Texte intégralRésumé :
The article deals with the issues of goal-setting of enforcement proceedings, novelties of legislation on it, means and methods of ensuring human rights in enforcement proceedings with the use of administrative procedural means. The author characterizes the change in the administrative-legal status of the bailiff-executor of the enforcement body, which was a prerequisite for new opportunities for the use of administrative-procedural forms and means of influencing the debtor in the course of enforcement proceedings, which, of course, on the one hand, is due to new administrative-jurisdictional powers that ensure its effectiveness, at the same time, on the other, stimulates a more responsible approach to the performance of duties, ensuring guarantees of respect for human and civil rights in the process under consideration. In addition, the author comes to the conclusion that the new model of enforcement proceedings is a stage on the way to ensuring real protection of human rights, since its administrative and procedural role in ensuring human well-being as a category of goal-setting is enormous, since it affects all aspects of society: social, cultural, affects the economy of the country as a whole and the welfare of a single citizen or a claimant organization.
43
SELIONOV, I. V. « THE EXECUTIVE ACTION TAKEN BY THE JUDICIAL BAILIFF-EXECUTOR OUTSIDE OF ENFORCEMENT PROCEEDINGS ». Herald of Civil Procedure 11, no 2 (30 juin 2021) : 50–65. http://dx.doi.org/10.24031/2226-0781-2021-11-2-50-65.
Texte intégralRésumé :
The article examines the enforcement action performed by the bailiff-executor in accordance with paragraph 16 of part 1 of Article 64 of the Law on Enforcement Proceedings – checking the correctness of the withholding and transfer of funds under the executive documents presented in the manner prescribed by part 1 of Article 8, part 1 of Article 8.1 and part 1 of Article 9 of the Law on Enforcement Proceedings. The purpose of the article is to identify the features of this action, to determine its place in the list of enforcement actions, and in general in enforcement proceedings. Based on the results of the study, the author comes to the conclusion that checking the correctness of withholding and transferring funds under executive documents is not an enforcement action. In this article, the author considers the specified action as an extra-executive action carried out by the bailiff-executor to control the execution by other bodies and organizations, expressed in conducting an audit in relation to the bodies directly executing the requirements of the executive document and in the event of their failure to bring them to justice. At the same time, in this article, the author considers checking the correctness of the withholding and transfer of funds under executive documents as the control authority of the bailiff, taking into account the provisions of the new Federal Law of 31 July 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation”. The author makes his proposals for improving the legislation of the Russian Federation on enforcement proceedings.
44
Skobelev, Vladimir P. « Reforming enforcement proceedings of the Republic of Belarus ». Herald of the Euro-Asian Law Congress, no 1 (2019) : 94–109. http://dx.doi.org/10.34076/2619-0672-2019-1-94-109.
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Osmanova, Diana O. « Bankruptcy and Enforcement Proceedings : Legal Institution Correlation Issues ». Jurist 5 (13 mai 2021) : 30–36. http://dx.doi.org/10.18572/1812-3929-2021-5-30-36.
Texte intégralRésumé :
The author defends the position that it is inadmissible to identify the mechanisms of bankruptcy and enforcement proceedings, examining the aspects of the permissibility of initiating bankruptcy proceedings by the bankruptcy creditor of the debtor, a legal person whose claims are based on a judicial act that has entered into force, according to which the possibility of enforcement has been lost. The article proves that, in view of the function that the insolvency process performs for corporations, the initiating creditor should not be limited by the rules of limitation, since it actually acts in the interests of the civil law community, which unites all creditors of the debtor.
46
Szachta, J. « FINANCING OF ENFORCEMENT PROCEEDINGS IN POLAND : SELECTED ISSUES ». “International Humanitarian University Herald. Jurisprudence”, no 50 (2021) : 122–25. http://dx.doi.org/10.32841/2307-1745.2021.50.26.
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MALESHIN, D. Ya. « COMPLEX BRANCH OF THE LAW OF ENFORCEMENT PROCEEDINGS ». Herald of Civil Procedure 10, no 4 (21 septembre 2020) : 58–88. http://dx.doi.org/10.24031/2226-0781-2020-10-4-58-88.
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Odintsova, M. I. « Arrestment as the Interim Measure in Enforcement Proceedings ». Herald of Enforcement Proceedings 3, no 1 (2017) : 86–89. http://dx.doi.org/10.24031/2414-0015-2017-3-1-86-89.
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Strelchenko, O., et I. Bukhtiiarova. « Features of Enforcement Proceedings in National Police Bodies ». Fìlosofsʹkì ta metodologìčnì problemi prava 18, no 2 (2019) : 100–108. http://dx.doi.org/10.33270/02191802.100.
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Fursa, S., et Ye Фурса. « The system of executive process science : current issues ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 177–82. http://dx.doi.org/10.24144/2307-3322.2022.72.30.
Texte intégralRésumé :
This scientific article is devoted to issues of the executive process science system. In particular, attention was drawn to the need to systematize information into two blocks, which concerns the organization of enforcement bodies and procedural activities of the state and private executor. Concepts and components of the system of the science of the executive process are formulated and emphasis is placed on the fact that when systematizing information about the enforcement of decisions of courts and other bodies (officials), it is essential to decide the question for whom this information should be used. In particular, for scientists in the research field, for students in the educational process, for practicing specialists and ordinary citizens who are users of enforcement services. Speaking about the system of science, the authors drew attention to the scientific works of scientists who are engaged in researching issues of executive proceedings, but noted that the approaches to this jurisdictional activity of persons authorized by the state are different, which significantly affects the educational process, the practice of enforcement of decisions, and especially legislative activity regarding the preparation of a new version of the law on bodies that carry out enforcement of decisions and the procedure of executive proceedings itself The proper systematization of information by scientists regarding executive proceedings will significantly affect the improvement of relevant legislation and the streamlining of the procedural activities of executors at various stages of executive proceedings, which will contribute to the implementation of the main task facing the enforcement bodies of the full, timely and objective execution of the decision and the restoration of violated rights subjects of civil and other relations. Various sources of information on enforcement proceedings were analyzed, in particular, the websites of the Ministry of Justice of Ukraine, bodies of the state executive service, private executors, which should also be taken into account by scientists, summarized, analyzed in order to solve those problematic situations that occur in this area of jurisdictional activity and improving the state of enforcement of decisions.