The debtor’s recourse to a court for the deferred or installment payment, the reduced amount or exemption from enforcement fee - is it the formal procedure or behavior aimed at administrative dispute resolution?

Binding rules set by the state are not always appropriate for regulated legal relations. Keeping the tradition to follow strictly the above-mentioned rules, the author discusses the coherence of legal rules with both real legal relations and fundamental theoretical points of particular legal status in a critical aspect. The research considers the relations between the court bailiff and the debtor which are characterized by their legal antagonism with respect to the enforcement fee. In particular, it investigates the form of legal recourse and the proceedings in this regard, the adequacy of procedural regulations that imply dealing with the formalities when reviewing an appeal by the debtor, the form of court ruling. Besides, an attempt is made to understand whether the debtor’s resort to a court is the procedural request implemented within formal procedure or the intention to resolve the administrative dispute. The author concludes that if the legal standards are supplemented by reference rules which are applied to regulate different legal relations rather than similar ones, these rules do not provide proper regulation. Moreover, they lead to confusion about facts and true signs of legal status which is to be eliminated by the qualified authoritative opinion of the court.