The Institution of Compensation for Harm Caused by the Russian Federal Bailiff Service
https://doi.org/10.26907/2541-7738.2024.3.110-121
Abstract
The primary task of enforcement proceedings in civil cases is to ensure that court decisions are executed appropriately. Much of the responsibility to timely and effectively enforce court decisions falls on bailiffs. However, their behavior is not always legal. This article discusses the important issues of compensating for harm caused by the Russian Federal Bailiff Service. The legal regulations that apply to a bailiff’s actions or inactions were analyzed. The real legal cases were considered. The statistical data from the Judicial Department at the Supreme Court of the Russian Federation were summarized. Based on the results obtained, the procedural aspects of handling such cases in both general jurisdiction and arbitration courts were identified. Finally, the emphasis was placed on predicting the development of Russian legislation and procedures in compensation for harm caused by the public authorities, including the Russian Federal Bailiff Service. The enduring relevance of the studied issues for further advancement of legal science and practice was highlighted.
References
1. Anokhin V.S. On the jurisdiction of disputes related to appeals against the decisions or actions (inactions) of bailiffs. Yurist, 2012, no. 4, pp. 27–34. (In Russian)
2. Bogdanova I.S. The legal model of compensation for harm caused by the state: The Russian and foreign perspectives. Zhurnal SFU. Seriya: Gumanitarnye Nauki, 2022, vol. 15, no. 12, pp. 1805–1818. https://doi.org/ 10.17516/1997-1370-0954.
3. Valeev D.Kh. Protsessual’nye garantii prav grazhdan i organizatsii v ispolnitel’nom proizvodstve [Procedural Guarantees of the Rights of Citizens and Organizations in Court Enforcement]. Kazan, Unipress, 2001. 163 p. (In Russian)
4. Golubtsov V.G. Rossiiskaya Federatsiya kak sub”ekt grazhdanskogo prava [The Russian Federation as a Civil Law Entity]. Moscow, Statut, 2021. 312 p. (In Russian)
5. Zagidullin M.R. Legal liability in civil proceedings: Theoretical issues. Doct. Law Diss. Yekaterinburg, 2022. 373 p. (In Russian)
6. Lazarevskii N.I. Otvetstvennost’ za ubytki, prichinennye dolzhnostnymi litsami [Liability for Damages Caused by Public Authorities]. St. Petersburg, Tip. S.-Peterb. Akts. Obshch. Pechatnogo Pischebum. Dela Ross. “Slovo”, 1905. xvi, 712 p. (In Russian)
7. Lipinskii D.A. On the legal system and types of legal liability. Pravovedenie, 2003, no. 2 (247), pp. 27–37. (In Russian)
8. Makovskii A.L. The civil liability of the state for administrative actions. In: Grazhdanskii kodeks Rossii: Problemy. Teoriya. Praktika: Sb. pamyati S.A. Khohlova [The Civil Code of Russia: Problems. Theory. Practice: A Collection of Articles in Memory of S.A. Khokhlov]. Makovskii A.L. (Ed. in Chief). Moscow, Mezhdunar. Tsentr Finans.-Ekon. Razvit., 1998, pp. 67–112. (In Russian)
9. Makolkin N.N. The institution of authentication and verification in civil process. Cand. Law Diss. Kazan, 2023. 248 p. (In Russian)
10. Styufeeva I.V. Compensation for a bailiff’s illegal behavior. Tvoi Konsul’tant, 2016, no. 34 (890), pp. 12–13. (In Russian)
11. Sukhanov E.A. On the state liability for civil obligations. Vestnik VAS RF, 2001, no. 3, pp. 116–125. (In Russian)
Review
For citations:
Nikolaev D.O. The Institution of Compensation for Harm Caused by the Russian Federal Bailiff Service. Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki. 2024;166(3):110-121. (In Russ.) https://doi.org/10.26907/2541-7738.2024.3.110-121