Features of the Legal Status of the Bailiff-Executor

Abstract

The article analyzes the features of the procedure for the enforcement of judicial acts and acts of other authorized bodies and the legal position of the bailiff as the central figure of the enforcement proceedings. Both the norms of the legislation on enforcement proceedings and the opinions of legal scholars concerning the procedural rights and obligations of the bailiff are given, ways to improve the current legislation are proposed. The specifics of legal relations in the field of enforcement proceedings as a procedure for the enforcement of judicial acts and acts of other specially authorized bodies inevitably determine the peculiarities of the procedural position of the Federal Bailiff Service within this procedure. In this regard, the authors, as a research goal, have attempted to determine the real legal status of a bailiff in this area and to identify the most urgent problems that arise in the implementation of his main powers. To achieve this goal, both general scientific (logical and systematic) and private scientific (formal-legal, comparative-legal, interpretation of law) research methods are used. It is established that the bailiff is the central figure in the enforcement proceedings, having multiple procedural functions within this procedure at each stage of the enforcement proceedings. The author presents his own classification of the powers of a bailiff in the framework of the procedure for the enforcement of judicial acts, analyzes the provisions of current legislation, as well as the positions of legal scholars, materials of the law enforcement practice of the Federal Bailiff Service. The problematic issues that arise during the implementation of the bailiff’s functions within the framework of enforcement, as well as in the process of his interaction with the bodies and officials involved in the process of its implementation, are investigated. Proposals have been made to improve the provisions of the current legislation on enforcement proceedings and other regulatory documents related to the establishment of the legal status of a bailiff, which can later be taken into account when developing the draft Executive Code of the Russian Federation.