Защита прав законных владельцев при наложении ареста на имущество

Abstract

This article is devoted to the analysis of the current Russian legislation, the theory and practice of judicial protection of the rights of legal owners when applying of security measures by the bailiff - performer in respect of their property. The article presents the ratio of concepts such as «exemption of property from impose arrest» and «exemption of property from arrest», «exemption of property from arrest» and «exclusion of property from property inventory». The author considers the ways to protect the legitimate owners when imposition of impose arrest of property. The main attention is paid to the problem of defining the legal nature of the lawsuit about the exemption of property from arrest or its exclusion of property from property inventory. On the basis of study of scientific approaches to this problem, the existing arbitration practice, the author singles the distinctive features that characterize a special way to protection of legitimate rights when imposition of impose arrest of property. The article listed the shortcomings of the current legislation, the lack of unity of views theorists and rather conflicting arbitration practice.