Open AccessPROTECTION OF THE RIGHTS OF THE JUDGMENT CREDITOR IN ENFORCEMENT PROCEEDINGS: CHALLENGES AND PROSPECTS FOR DEVELOPMENT
Author(s) -
E. N. Gubina,
D. V. Davitavyan
Publication year - 2020
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2020-6-4-136-141
Subject(s) - enforcement , legislation , plaintiff , creditor , law and economics , debtor , business , law , political science , economics , debt , finance
Based on the analysis of scientific literature, the paper defines the concept of protection of rights in enforcement proceedings. The article discusses the provisions of the current executive legislation on the protection of the rights of the claimant in enforcement proceedings. The study of the concept of protection of rights and its legal nature is relevant for enforcement proceedings, however, will allow a comprehensive review of special ways to protect the rights of claimants. In the legal literature, you can find different approaches to determining the legal meaning of the term protection of rights. There is no single approach to the definition of protection of rights. The difference in the interpretation of the concept is due to the multidimensional nature of the term and the variety of methodological attitudes of the authors in the study of the object of knowledge. Particular attention is paid to the issue of the possibility of foreclosure on the debtor's only residential premises in order to establish a balance of interests in the framework of enforcement proceedings. To ensure the rights and legitimate interests of the claimant in enforcement proceedings and eliminate gaps in the current enforcement legislation, the authors propose to make amendments and additions to the current legislation, in particular, to the Federal Law On enforcement proceedings.