Принципы исполнительного производства: публично-правовой аспект

Abstract

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.