Mechanics of the interaction of material and procedural using the example of an assignment in execution proceedings

Abstract

In the article, the author considers certain issues related to the transfer of law from the assignor to the assignee at the stage of execution of a judicial act. The thesis is substantiated that the facts that are not directly related to the change of persons in the material legal relationship should not have any significance for the replacement of the party to the enforcement proceedings. The issues related to the legal consequences of the discrepancy between the assigned right of claim and what is reflected in the enforcement document are discussed. The problems of legal consequences of the earlier partial execution and the expiration of the deadline for submitting the enforcement document for execution are considered. For the execution of the claim made by the debtor to the original creditor or the acquirer in the period from the moment of receipt of the notification of the assignment until the replacement of the recoverer in accordance with the established procedure, approaches are proposed aimed at coordinating the public execution procedure with the change of the creditor that has occurred.