Kuznetsov E.N. Consistency of the Problematics of Enforcement Proceeding for Socially Important Cases

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.21

Evgeny N. Kuznetsov, Candidate of Sciences (Jurisprudence), Associate Professor, Department
of Civil Procedure, Ural State Law University, Komsomolskaya St., 21, 620137 Yekaterinburg, Russian
Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7787-0328

Introduction: the paper deals with the issues of systemic problems of the Russian enforcement proceedings related to the legal, economic, political and social aspects of the state’s activity. The high importance of taking into account the economic, political and social sources of the enforcement proceedings problems is determined. It is indicated that the solution of the enforcement problems exclusively in the field of law can’t significantly change the state of affairs. The purpose of the study is to propose the main approaches to solving the problems of the enforcement proceedings in the field of economy, politics and social relations. The tasks are the problem statement, the identification of the social significance of the problematics, the analysis of the economic, political and social factors that determine the effectiveness of the Russian enforcement proceedings, and the proposal of ways to solve the problems. The system-logical and formal-legal methods of research are used. Results: the specific measures to improve the Russian enforcement proceedings in the sphere of economy, politics and social relations are proposed, the idea of the need for a comprehensive approach to the reform of the Russian model of enforcement, taking into account all these factors, not only the legal ones, are proposed. Conclusions: especially the lack of effectiveness of the bailiff and executor of justice has a direct impact on the participants of the enforcement proceedings for socially significant cases, which often leads to the failure to achieve the objectives of the mechanism of protection of rights, freedoms and legitimate interests, proclaimed by the Constitution of the Russian Federation. It is important to form a single program to improve the enforcement proceedings in Russia, taking into account all the factors affecting the lack of efficiency of the latter, in their entirety. In the sphere of economy it is necessary to continue further work on strengthening the Russian economy and increase the purchasing power of citizens, and etc. In the field of politics it is possible to consider such areas as the establishment of a balance of interests of the socially unprotected participant of material legal relations and other persons, the increase in the membership of the enforcement proceedings parties, the introduction of special regulations of the enforcement proceedings. In the social sphere it is important to take measures aimed at the formation of respect for the law (social advertising, etc.).

Key words: enforcement proceedings, socially significant cases, bailiff and executor of justice, consistency of problematics, improvement of enforcement proceedings.

Citation. Kuznetsov E.N. Consistency of the Problematics of Enforcement Proceeding for Socially Important Cases. Legal Concept, 2019, vol. 18, no. 2, pp. 127-133. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.21

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