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Chapter 3. SEPARATE CIVIL REMEDIAL MEANS of INCREASE of EFFICIENCY of FINAL PROCESS

The designated groups of the reasons of decrease in efficiency of final process allow to define separate civil remedial means which, in our opinion, are most adjusted with the developed Policy of Law of the state, and also answer level of sense of justice of citizens.

Not all variety of the civil remedial means answering to designated criteria, answers the main characteristic, namely - increase of efficiency of final process should become result of use of means. I.e. at the intermediate stages it can be increase in variants of reception of the information on property of the debtor, expansion of the subjects having the right to reception of such data, acceleration of processes during enforcement, optimisation of work of interrelations between subjects of final process, etc.

Proceeding from the analysis of a condition of system of enforcement jurisdiktsionnyh the certificates, the research carried out in the second chapter, theoretically it is obviously possible to define four basic approaches to system reforming:

1) modernisation of existing extrajudicial system of enforcement;

2) development of extrajudicial system of enforcement with granting to bailiffs of powers, characteristic for law enforcement bodies;

3) dispersal of functions on execution of judgements between bodies of court and enforcement authorities;

4) full or partial "privatisation" of final process.

Taking into account geopolitical conditions in which there passes final process reforming, the most perspective possibility of development of system of enforcement of judicial decisions and others jurisdiktsionnyh certificates according to the first approach within the limits of the Russian Federation developed by the Ministry of Justice of policy sees.

The first position consolidates opinions that final process bodies should consist at the Ministry of Justice of the Russian Federation and make executive actions on the basis of the Executive code of the Russian Federation or the advanced operating executive legislation.

In connection with necessity of increase of efficiency of enforcement have been developed the Project of the Long-term program of increase of efficiency of execution of judgements (2011 - 2020) and the Government program of the Russian Federation the "Justice", one of which subroutines is devoted improvement of quality of enforcement of judicial decisions (the Subroutine 4 «Improvement of quality of enforcement of judicial certificates, certificates of other bodies and officials and maintenance of the established order of activity of vessels»).

According to positions of the Project of the Long-term program following vectors for reforming are listed:

1. Perfection of the status of the bailiff, a legal status and the organisation of system of enforcement of judicial certificates:

Differentiation of the status of the bailiff;

Increase of requirements to qualification of the bailiff;

2. Final process optimisation:

Maintenance of balance of the rights and interests of the parties of final process;

Optimisation of procedure of final process, perfection of the liability for nonperformance of judicial certificates;

Harmonisation of procedures of final process and bankruptcy procedures;

Increase of efficiency of realisation of property in final process;

Judicial review perfection behind final process;

3. Maintenance timely and in full executions of requirements of court orders by the debtor on which are public formations and the state (municipal) establishments;

4.

Introduction of modern technologies in system of execution of judicial certificates;

5. Creation of conditions for active involving in execution of judicial certificates of not state subjects, increase of level of voluntary execution of judicial certificates:

Introduction mediativnyh procedures in final process;

Legal regulation kollektorskoj activity, participation of not state subjects in the course of execution;

6. Development of the international cooperation in enforcement sphere.

By consideration of separate civil remedial means of increase of efficiency we will adhere designated in the Project of the Long-term program of the plan, namely:

p/p

The paragraph consolidating separate ГПСПЭИП1 Corresponding GPSPEIP, designated in Программе2
1 Perfection of the status of the bailiff as one of means of increase of efficiency of final process (1) Perfection of the status of the bailiff, a legal status and the organisation of system of enforcement of judicial certificates: differentiation of the status judicial

1 GPSPEIP - civil remedial means of increase of efficiency of final process.

2 Program - the Project of the Long-term program of increase of efficiency of execution of judgements (2011-2020).

The police officer;

Increase of requirements to qualification of the bailiff

2 The reference of the claim to property of the debtor in final process (2) Optimization of final process:

Maintenance of balance of the rights and interests of the parties of final process;

Optimisation of procedure of final process, perfection of the liability for nonperformance of judicial certificates;

Harmonisation of procedures of final process and bankruptcy procedures;

Increase of efficiency of realisation of property in final process;

Judicial review perfection behind final process

3 The is social-focused measures of enforcement
4 Alternative ways of reception of debts (5) Creation of conditions for active involving in execution of judicial certificates of not state subjects, increase of level of voluntary execution of judicial certificates:

Introduction mediativnyh procedures in final process;

Legal regulation kollektorskoj activity, participation of not state subjects in the course of execution

Within the limits of the present research will not be in detail considered

GPSPEIP, the corresponding 3, 4 and 6 designated Project of the long-term program to reforming vectors.

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A source: MORKOVSKAYA Christina Sergeevna. CIVIL REMEDIAL MEANS OF INCREASE OF EFFICIENCY OF FINAL PROCESS. THE DISSERTATION On competition of a scientific degree of the master of laws. Saratov - 2017. 2017

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  1. §3. Civil remedial means of increase of efficiency of final process: concept, Classification
  2. Chapter 1. CONCEPT And SPHERE of APPLICATION of CIVIL REMEDIAL MEANS of INCREASE of EFFICIENCY of FINAL PROCESS
  3. MORKOVSKY Christina Sergeevna. CIVIL REMEDIAL MEANS OF INCREASE OF EFFICIENCY OF FINAL PROCESS. THE DISSERTATION On competition of a scientific degree of the master of laws. Saratov - 2017, 2017
  4. §1. Perfection of the status of the bailiff as one of means of increase of efficiency of final process
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