Abstract
The paper analyzes restrictions of the debtor's rights employed in enforcement procedures (enforcement actions) in the context of criteria of legal responsibility. Using as examples restrictions applied to the right to travel abroad, to exercise special rights, as well as to post information with regard to the identity of the debtor in the public register of enforcement proceedings, the author draws a conclusion that enforcement proceedings, in addition to measures recognized by the law-maker and the law doctrine as measures of responsibility, include a number of other enforcement measures that are not technically recognized as measures of responsibility. However, in the view of some criteria of responsibility, they can be treated as such based on the process of their implementation. Such measures are indirect measures of coercion, i.e. they are aimed at forcing the debtor to fulfill what is demanded under an enforcement document. The mentioned above should not entail any decrease in the level of legal safeguards for the debtor as the adressee of such measures.
Highlights
Using as examples restrictions applied to the right to travel abroad, to exercise special rights, as well as to post information with regard to the identity of the debtor in the public register of enforcement proceedings, the author draws a conclusion that enforcement proceedings, in addition to measures recognized by the law-maker and the law doctrine as measures of responsibility, include a number of other enforcement measures that are not technically recognized as measures of responsibility
In the view of some criteria of responsibility, they can be treated as such based on the process of their implementation
Such measures are indirect measures of coercion, i.e. they are aimed at forcing the debtor to fulfill what is demanded under an enforcement document
Summary
Необходимо признать, что в правоприменительной практике наложение ограничения на выезд за рубеж из действия, направленного на создание условий для применения мер принудительного исполнения судебным приставом-исполнителем, недопущения уклонения должника от участия в соответствующих процессуальных действиях, превратилось в полноценную меру понуждения должника к самостоятельному исполнению (помимо своей воли) требований исполнительного документа, в меру косвенного личного принуждения.
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