TO THE ISSUE OF NEW MEASURES OF THE IMPACT ON THE DEBTOR IN ENFORCEMENT PROCEEDINGS
The article is devoted to issues of improvement of legislation on enforcement proceedings to determine measures of influence on debtors. Analyses provided by law, the personal restrictions of the debtor associated with temporary restrictions on his movement and suspension of special rights. These measures today are the most effective ways of forcing the debtors to perform their obligations. However, it is not clear why such a measure as the suspension of special rights does not apply to all categories of debtors. Here, according to the author, there should not be any differentiation. Given the current difficult situation in the sphere of execution of judicial acts and acts of other bodies, when in fact performed less than half of judgments, orders and decisions of tax and other Supervisory authorities etc., the author substantiates the position of the failure, as permitted by Russian law measures of influence on debtors. The bailiff service is currently significantly overloaded, so you need to use any means to carry out Executive action without its participation as it occurs, for example, in the case of restrictions on departure of the debtor abroad. This measure, on the initiative of the judicial police officer-executor actually takes the Federal border service. The author makes offers on change of the Russian legislation in the study area, introduction of advanced foreign and Russian pre-revolutionary experience of legal regulation. In particular, abroad, in countries such as the USA, Germany and some other, pretty effective way of influence on debtors is the limitation of his personal liberty and freedom of movement within the country. The introduction of such measures for quite a long time discussed in the Russian academic and professional community. However, the legislator develops too slowly and makes appropriate amendments to existing legal acts (although the need for them is long overdue), which affects the efficiency of the enforcement proceedings.