Jurisdictional Non-Judicial Forms of Protection In Enforcement Proceedings: Regulatory Challenges and Solutions

Abstract

The article substantiates the need to improve legal procedures in the framework of non-judicial forms of protection in enforcement proceedings (appeals by way of subordination and the prosecutor's office). The following specific measures are proposed: an introduction of a mandatory suspension of enforcement proceedings in the case of substantial grounds to assume that a gross violation of the applicant's rights was committed; a clarification of the terms for consideration and elimination of violations; an indication of the respectfulness of skipping the deadlines for applying to the court in the case of an appeal against decisions, actions (inactions) of bailiffs to the prosecutor's office; a mandatory account of violations identified during the prosecutor's check, when considering complaints in the chain of subordination. The proposed measures will make it possible to ensure the rights and interests enforcement proceedings parties to a greater extent, especially in cases where there are substantial grounds to assume gross violations of their rights. In addition, their implementation will contribute to more rapid complaints handling and will minimize the risks of abuse by bailiffs, including in terms of deliberately «delaying» the terms of complaints handling and ignoring the position of the highest judicial authorities. Ultimately, the implementation of the proposed measures will bring the procedures for appealing decisions, actions (inaction) of bailiffs to a qualitatively new level, as well as reduce the burden on the judiciary and social tension.