Recovery of damages for violations committed by the bailiff at the stage of enforcement proceedings

The author examines the issues of recovery of damages for violations committed by a bailiff at the stage of enforcement proceedings in courts of general jurisdiction. Based on the analysis of current judicial practice, the author concludes that a systematic interpretation of the norms of substantive law, explanations of the Supreme Court of the Russian Federation and judicial practice of cassation and appeal courts of general jurisdiction allows us to conclude that the claim for damages from the bailiff will be refused if the bailiff proves the absence of his guilt namely, that he has taken all necessary and sufficient measures within reasonable limits to ensure the legality of actions to execute the executive document, including to exclude the possibility of harm to third parties.