Abstract

Enforcement proceedings in any country of the world are the most important institution of civil legal relations and, in most cases is the final stage of the settlement of disagreements between the disputing parties. Forcible withdrawal of another's property based on court decisions restores the violated rights of parties and establishes the primacy of law in modern society. The organization of the enforcement proceedings, its internal structure, as well as the powers of the executive bodies in each country, is regulated based on the current needs of society, the legal system, and historical background. The similarities of executive legislation of different countries are the instruments of enforcement bodies, acting on the debtor in order to force him to perform the court decision in full. One of these tools, widely used by the bailiffs of the Russian Federation, is the foreclosure on the income of a debtor. The relatively simple enforcement procedure in the legislation of the Russian Federation related to the foreclosure by bailiffs leads to the law of the country, which is the leader in dispute resolution in the Asia-Pacific region, namely, the law of China, in order to compare the relevant procedural rules and determine potential opportunities for improvement of legal mechanisms governing the considered method of enforcement proceedings. This article provides a comparative analysis of the procedural rules governing the garnishment of wages and other income of a debtor in China and the Russian Federation. The result of the study is to identify the advantages and disadvantages of the process of implementing this method of enforcement proceedings and develop recommendations for further improvement of the legislation in the countries under consideration. The following tasks are defined to achieve this goal: - To identify and analyze procedural legislation governing the process of foreclosure on the income of a debtor in Russia and China in enforcement proceedings; - To identify the trends in the reform of procedural legislation on the enforcement proceedings of the Russian Federation and China; - To develop recommendations for the implementation of the right to enforcement proceedings in these countries. The methodological basis of the study consists of general scientific methods of cognition, including systemic, formal-logical, structural-functional analysis, as well as specific legal methods: comparative legal and formal legal. The scientific novelty of the study is a comprehensive study of enforcement proceedings and consideration of the possibility of borrowing the approach of China into enforcement proceedings in the Russian Federation. A comparative analysis of the legislation on enforcement proceedings of the Russian Federation and China, governing the foreclosure on the debtor income, was carried out using methods of logical and statistical analysis, general scientific and specific oriented methodology. The results of this study can be used in the development of legal acts, regulating enforcement proceedings, as well as to improve the legislation of the countries in question. The authors do not object if the conclusions and materials of this article are used in research activities, law enforcement practice, teaching, during lectures and seminars on the civil process and private international law.

Highlights

  • At any time, no country, no state could ensure the rule of law without an institution, capable of effectively and quickly put into practice the decisions of the courts and other public authorities (Rusakova E.P., 2019).At present, taking into account the diversity of public relations, an increase in the responsibilities of citizens to provide various reporting and implementation of registration actions, the level of responsibility has increased (Duduin M.N., 2017)

  • Legislation on seizing the debtor's income in a modern form was formed in China and Russia almost simultaneously in 1996 and 1997, respectively

  • Significant changes have been made to the Russian legislation: it is about the adoption of a new Federal Law "On Enforcement Proceedings." In China, provisions on enforcement proceedings contained in the Civil Procedure Code and other legislative acts, for example, the Administrative Punishment Act, in which they give the administrative bailiffs the same powers as bailiffs in people's courts

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Summary

INTRODUCTION

No country, no state could ensure the rule of law without an institution, capable of effectively and quickly put into practice the decisions of the courts and other public authorities (Rusakova E.P., 2019). The executive bailiffs of various countries began to widely apply such a measure of enforcement, as the seizure or levy of execution on the part of the income of a debtor-citizen. Significant changes have been made to the Russian legislation: it is about the adoption of a new Federal Law "On Enforcement Proceedings." In China, provisions on enforcement proceedings contained in the Civil Procedure Code and other legislative acts, for example, the Administrative Punishment Act, in which they give the administrative bailiffs the same powers as bailiffs in people's courts. There have been no significant changes in the legislative regulation of the procedure for applying a penalty to a debtor income in both countries. Analyzing the adopted laws in the countries under consideration, it can be stated that the countries had different goals when making changes to the procedural regulations for applying attachment of the debtor's earnings. In the PRC, on the contrary, they authorized the administrative authorities to apply attachment of the debtor's earnings in order to accelerate the recovery of funds for administrative fines and other insignificant amounts

METHODOLOGY
RESULTS
The Russian Federation
FINDINGS
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