Application of the Principle of Inviolability of the Minimum Propertyin Enforcement Proceedings
( Pp. 299-304)

More about authors
Evgenia V. Sagitova
Russian State University of Justice
Kazan Branch, Kazan, Russian Federation
Abstract:
The purpose of the study is to identify the features of the application of norms-principles and norms-legislative provisions of enforcement proceedings on the example of a minimum of property not subject to recovery. In the article, the author correlated theoretical approaches to the concept of this principle, and also analyzed the latest legislative changes. The author focused on the features of determining the guaranteed minimum on the example of cash, residential premises and luxury goods. Conclusions: The author found discrepancies between the normative content of the principle of inviolability of the minimum property in enforcement proceedings and its purpose. The correlation of abstract norms of law with their interpretation in judicial practice has shown that this principle still depends on the discretion of judges and the socio-economic situation in the country. The inviolability of the minimum property, as a principle-statute, needs to be detailed through special norms, and not general rules.
How to Cite:
Evgenia V.S., (2022), APPLICATION OF THE PRINCIPLE OF INVIOLABILITY OF THE MINIMUM PROPERTYIN ENFORCEMENT PROCEEDINGS. Gaps in Russian Legislation, 5 => 299-304.
Reference list:
Bakurova N.N. New models of ensuring human rights in enforcement proceedings: administrative and procedural aspect. Administrative law and process. 2022. No. 3. pp. 70-73.
Baranov A.V. Norms-principles in the mechanism of legal regulation. Bulletin of the Tomsk State University. Right. 2016. No. 4 (22). pp. 5-14.
Valeev D.H. The system of procedural guarantees of the rights of citizens and organizations in enforcement proceedings: dissertation of a doctor of jurisprudence. Kazan, 2009. 474 p.
Vstavskaya I.M. On the determination of property immunities of debtors from collection. Law and regulations. 2007. No. 9. pp. 92-94.
Gal'perin M.L. Does enforcement proceedings need a debtor? Bulletin of economic justice of the Russian Federation. 2022. No. 7. pp. 4-11.
Isaenkov A.A. The rule on the inviolability of the minimum property necessary for the existence of the debtor, as a category of Russian enforcement proceedings. Historical and legal problems: a new perspective. 2014. No. 9-1. pp. 192-199.
Kuznecova E.N. Immunity from recovery in relation to certain types of debtor's property (comparative legal analysis based on the legislation of Russia and France). Arbitration and civil process. 2001. No. 4. pp. 37-44.
Nosenko A.S., Nuzhnenko A.A. Social guarantees for low-income citizens in the implementation of enforcement proceedings. In the collection: Technologies of social work with different groups of the population. Materials of the IX All-Russian Scientific and Practical Conference. Rep. editor M.S. Zhilyaev. Chita, 2020, pp. 93-100.
Fomin A.V. Actual problems of enforcement proceedings, ways to solve them. International Journal of the Humanities and Natural Sciences. 2022. No. 1-3 (64). pp. 97-100.
Shevchuk P.P. Actualization of the principles of enforcement proceedings. Administrative and municipal law. 2013. No. 10. pp. 1007-1012.
Keywords:
enforcement proceedings, principles of law, principles of enforcement proceedings, debtor's property, legal guarantees.


Related Articles

ТЕОРЕТИКО-ИСТОРИЧЕСКИЕ ПРАВОВЫЕ НАУКИ (СПЕЦИАЛЬНОСТЬ 5.1.1.) Pages: 27-36 DOI: 10.33693/2072-3164-2023-16-3-027-036 Issue №24320
The Evolution of Approaches to Determining the Principles of Law and Law-Making: Theory and Political and Legal Practice
law principles of law legal understanding lawmaking the Russian Federation.
Show more
7. GAPS IN THE LAW, INTERNATIONAL PUBLIC LAW Pages: 94-97 Issue №4641
The problem of distinction between the categories «the parties’ autonomy», «the freedom of contract» and «the free exercise» of rights by the parties
private international law conflict of laws principles of law the autonomy of the will optionality
Show more
8. PRIVATE LAW (CIVIL) DISCIPLINES @@CIVIL LAW, BUSINESS LAW; FAMILY LAW, INTERNATIONAL PRIVATE LAW (12.00.03) Pages: 248-252 Issue №19269
The Efficiency of Enforcement Proceedings. the Civil Law Means
civil remedies enforcement proceedings enforcement efficiency bailiff
Show more
7. Constitutional law; Constitutional judicial process; Municipal law Pages: 198-202 Issue №14694
METHODOLOGICAL AND THEORETICAL FOUNDATIONS OF THE STUDY OF PRINCIPLES OF LAW (FOR EXAMPLE, CRIMINAL PROCEDURE LAW)
research methodology principles of law principles of criminal procedure law the legal state civil society
Show more
CRIMINAL LAW Pages: 226-229 Issue №24449
Execution of Court Decisions and Acts of Other Bodies: Organizational Problems and Ways to Solve them
bailiff enforcement proceedings executive document court decision digitalization
Show more
7. Criminal law and criminology; Criminal enforcement law Pages: 162-167 Issue №15895
The order of execution of the penalty of the legislation of the Russian Federation: actual problems
Criminal Code Penal Code crime criminal punishment types of punishment
Show more
13. LAND AND PROPERTY RELATIONS Pages: 197-200 Issue №7765
LOGIC PROBLEMS IN THE LAND LAW
land law land legislation the laws of formal logic the rule of law principles of law
Show more
4. CRIMINAL LAW Pages: 230-235 Issue №20118
Imperfection of the Law as a Legal Obstacle to Increasing the Efficiency of Prosecutorial Supervision over the Observance of Bankrupt Employers' Rights of Citizens to Timely Payment of Remuneration for Work (Based on Materials from the Prosecutor's Office of the Republic of Dagestan)
labor law prosecutor's supervision employer employee
Show more
4. CRIMINAL - LEGAL, CRIMINOLOGICAL, ADMINISTRATIVE AND OTHER MEASURES FOR COUNTERING CRIME IN CONTEMPORARY CONDITIONS Pages: 151-154 Issue №19269
Problems of Implementation of the Principles of Criminal Legislation
principles of law criminal legislation legal regulation state jurisdiction
Show more
9. Theory and history of law and state; History of law and State teachings Pages: 113-115 Issue №3758
THE GENERAL LEGAL PRINCIPLE OF LEGALITY: THE NOTION AND ESSENCE
the legality General legal principles legal principles the principle of legality principles of law
Show more