Legal status of debtors upon resumption of suspended enforcement proceedings

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This study addresses the topical issue of the legal status of debtors upon the resumption of suspended enforcement proceedings, taking into account recent legislative changes. Th e article analyzes the dual nature of regulation (through the Civil Procedure Code of the Russian Federation and the Federal Law “On Enforcement Proceedings”), the relationship between general and specifi c rights of the debtor, including the right to file a motion for the resumption of suspended enforcement proceedings. Th e principle of dispositivity and its infl uence on the initiative to resume suspended enforcement proceedings are examined, as well as the legal uncertainty associated with the three-year time limits when initiated by the court. The research also considers issues of fairness of decisions, the balance of rights of the parties, and the problem of the time limit for appealing the actions of bailiff s within the framework of administrative proceedings. The study proposes ways to improve legislation to ensure legal certainty in enforcement proceedings.

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Enforcement proceedings, debtor, legal status, suspension of enforcement proceedings, resumption of enforcement proceedings

Короткий адрес: https://sciup.org/148330704

IDR: 148330704   |   DOI: 10.18137/RNU.V9276.25.02.P.084

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