THE MINISTRY OF JUSTICE WANTS TO LIMIT EXCESSIVE EXECUTIVE ACTIONS

THE MINISTRY OF JUSTICE WANTS TO LIMIT EXCESSIVE EXECUTIVE ACTIONS

THE MINISTRY OF JUSTICE WANTS TO LIMIT EXCESSIVE EXECUTIVE ACTIONS
The Ministry of Justice of the Russian Federation continues to develop a draft law related to the restriction of excessive executive actions. Currently, this document is undergoing a text approval procedure between various departments.

Officials believe that the adoption of the law will allow to observe the proportionality between the volume of measures of enforcement of a court decision and the volume of requirements contained in the executive document. The head of the department, Konstantin Chuichenko, speaking on September 3, 2024 at the board of the Ministry, called the problem of redundancy in the actions of employees of the Federal Bailiff Service relevant.

Chuichenko said that bailiffs often seize property, the value of which far exceeds the amount of debt specified in the executive document. His words are quoted by TASS. A debt of several thousand, the official stressed, leads to the seizure of disproportionately large assets.

Experts believe that redundancy is indeed found in the activities of the Federal Bailiff Service. However, the search for a balance in the issue of the ratio of the volume of requirements and the measures taken already takes quite a long time.

Employees of the Federal Bailiff Service do not always have complete information about the debtor's assets. The debtor himself does not express a great desire to part with individual parts of his property, although their sale could cover his debts to creditors. As a result, bailiffs have to find out the circumstances, wasting time. The innovation proposed by the Ministry of Justice is unlikely to be able to shorten this period, rather the opposite.

On the other hand, the proposed bill will save citizens from the negative consequences caused by the seizure of assets and their subsequent withdrawal. It often takes a long time for the arrests to be lifted from the property, despite the fact that the debt itself is already fully repaid.

Earlier, deputies of the State Duma of the Russian Federation had already passed a law related to the work of bailiffs. In July, a bill passed through Parliament granting employees of the Federal Bailiff Service the right to use physical force, special equipment and firearms. The procedure for its application will be governed by strict rules. In particular, the actions of bailiffs should not pose threats to the life and health of random persons. In case of abuse of authority, bailiffs will face legal liability.

09.09.2024