Challenging the Actions of Bailiffs in the Sale of Debtors' Movable Property
( Pp. 140-148)
More about authors
Nikita S. Svidskii
postgraduate student of the Department of Civil and Administrative Proceedings of the Faculty of Higher Professional Training Federal State Budgetary Educational Institution, Moscow, Russian Federation; associate Judge; Thirteenth Arbitration Court of Appeal; St. Petersburg, Russian Federation
Russian State University of Justice
Moscow, Russian Federation, Thirteenth Arbitration Court of Appeal, St. Petersburg, Russian Federation
Russian State University of Justice
Moscow, Russian Federation, Thirteenth Arbitration Court of Appeal, St. Petersburg, Russian Federation
Abstract:
Abstract: Goal of the research. This article examines the problems of challenging the actions of bailiffs in the sale of debtors' movable property. Conclusions. The institute for challenging the actions (omissions) of bailiffs is one of the key provisions for ensuring legality and fairness in enforcement proceedings, including when a bailiff executes the disposal of the debtor’s movable property. Its effectiveness influences the protection of the rights and legitimate interests of both debtors and creditors, as well as the authority of the court. The article highlights the lack of a definition of movable property in modern civil law. It is merely defined as opposed to immovable property, with distinctions being made between them that are not always clearly defined. The lack of distinctions between types of property and clear boundaries leads to some confusion regarding the sale process. A significant issue is the procedure for the sale of arrested movable property. Cases of bad faith on the part of debtors with respect to movable property subject to sale are noted. There is also no procedure for the bailiff to submit a deed of sale for seized property. The article proposes measures to amend and supplement the legislation in the area of enforcement against movable property of the debtor when it is implemented by a court bailiff.
How to Cite:
Svidskii, N.S. (2026). Challenging the Actions of Bailiffs in the Sale of Debtors' Movable Property. Gaps in Russian Legislation, 19(2), 140-148. EDN: SVGRBQ
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Zhuravleva L.A. Problematic issues related to the execution of court actions by enforcement agencies of the Russian Federation. Young scientist. 2021. No. 2 (344). Pp. 91–93. (in Rus.).
Meretskaya N.A. Problems of realization of seized property. Law and legal order in the focus of scientific research: a collection of scientific papers. Khabarovsk, 2025. Pp. 271–274.
Kikenko D.V., Vlasova U.A. Actual problems of executive production. Trends in the development of science and education. 2025. No. 121-3. Pp. 96–100. (in Rus.).
Kildiev R.H. Some problems of the court’s participation in executive proceedings. Herald of science and creativity. 2022. No. 8. Pp. 23–25. (in Rus.).
Koviazina N.M., Jeruzomskaya E.A. Study of problems of improvement of national system of enforcement. Vestnik Saratov State Legal Academy. 2021. No. 1 (138). Pp. 111–117. (in Rus.).
Lukyanova Л.Г. Some problems of interpretation of the concept of real and movable property in the legislation of the Russian Federation. Questions of Russian and international law. 2023. Vol. 13. No. 4-1. Pp. 169–179. (in Rus.).
Masufranov E.A., Dubrovsky N.S., Makeeva I.O. Trends in contesting the actions (inactions) of court bailiffs in connection with the digitalization of executive production. Structural transformations of the economy of territories: in search of social and economic equilibrium: Collection of scientific articles of the 6th All-Russian scientific and practical conference with international participation. Kursk, 2024. Pp. 465–469.
Moiseev D.V. Legal problems arising in the enforcement of the debtor’s property. Journal of the National Business Institute. 2020. No. 39. Pp. 143–146. (in Rus.).
Morkovskaya K.S. Prospects for the development of a system of enforcement of court rulings. Current problems of economics and law. 2015. No. 2. Pp. 224–225. (in Rus.).
Perepelitsa I.O. Problematic aspects of the sale of the seized property of the debtor. International journal of humanitarian and natural Sci. 2022. No. 1-2 (64). Pp. 127–129. (in Rus.).
Pyrogova Y.V. Topical issues of judicial protection in executive proceedings. Y. Pyrogova. Questions of the development of the state and law: theory, history and practice: collection of scientific articles on materials of the All-Russian scientific-practical conference. Simferopol, 2025. Pp. 256–265.
Ponomarev M.S., Azamatova L.L. Realization of the debtor’s property on auctions in execution proceedings. Questions of Russian justice. 2020. No. 10. Pp. 425–430. (in Rus.).
Streltsova Е.G. Model of executive proceedings (in the context of discussion of reform of procedural legislation. Vestnik of the Moscow State Legal Academy. O.E. Kutafina. 2015. No. 9. Pp. 79–87. (in Rus.).
Chernov A.E. On the role of the judiciary in the protection of human rights. Journal of Chuvash University. 2014. No. 3. Pp. 300–303. (in Rus.).
CHernov A.E. O roli sudebnoy vlasti v sfere zashchity prav cheloveka // Vestnik CHuvashskogo universiteta. 2014. № 3. S. 300 303.
Keywords:
movable property, debtor, creditor, challenging the actions of a bailiff, sale of property, foreclosure of property.
