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List of publications on a keyword: «legal nature of enforcement fee»

  • Ispolnitel'skii sbor v zakonodatel'stve Rossii. Problemy i resheniia

    Book Chapter
    Economics and Law
    Author:
    Takhir G. Davletshin
    Work direction:
    Глава 1. Право
    Abstract:
    The article examines the shortcomings and contradictions of the provisions on enforcement fees in the law "On enforcement proceedings", analyzes various points of view about the legal nature of enforcement fees. The author substantiates the necessity of refusing to interpret the enforcement fee as a measure of administrative enforcement in enforcement proceedings arising from civil-law relations, and the expediency of its interpretation as a reward for the services of bailiffs. It is proposed to divide the Russian Executive legislation into administrative and civil ones, with the development of an Administrative Executive code and a Civil Executive code, similar to the Criminal Executive code of the Russian Federation, and to harmonize the Executive legislation with the current laws on resolving debt problems: Federal law No. 127-FL of 26.10.2002 "On insolvency (bankruptcy)" and Federal law No. 230-FL of 03.07.2016 "On protection of the rights and legitimate interests of individuals when performing activities for the return of overdue debt and on amendments to the Federal law "On microfinance activities...".
    Keywords:
    enforcement proceedings, enforcement fee, legal nature of enforcement fee
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