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CONSEQUENCES OF RECOGNIZING THE DEBTOR AS A SUBJECT OF ENFORCEMENT PROCEEDINGS AS MISSING

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PDF: Author(s): Kayumovа N. A.,
Number of journal: 1(54) Date: February 2021
Annotation:

This article is devoted to the consideration of current problems of Russian civil procedure law, as well as enforcement proceedings related to the implementation of the right of children to maintenance by their parents, which imply the mandatory execution of court decisions. The article describes the legal acts that were a prerequisite for changes in civil procedure law and enforcement proceedings. Special attention is paid to the analysis of the consequences and problems associated with the recognition of alimony debtors as missing. Statistical data are provided and materials of judicial practice are analyzed, confirming the inconsistency and ambiguity of the decisions taken to recognize debtors as missing. By its structure, the article contains all the elements necessary for this type of work — an introduction, the main part with the results of the research, and a conclusion. The introduction highlights the relevance of the research, identifies the goals and objectives of the research, defines the scientific novelty of the work, and its theoretical and practical significance. The relevance of this study lies in the fact that at present, the search for alimony debtors is often unsuccessful and the children do not receive not only up-bringing in a full-fledged family, but also monetary support. At the same time, the right to execution is one of the most important elements in the system of protecting the rights, freedoms and legitimate interests of citizens. The content part of the work is an analysis of the legal regulation of the recognition of a debtor citizen as missing. The consequences of changing the status of the debtor are considered, as well as prospects for improving legislation in this area of public relations are determined. The author presents sound recommendations aimed at implementing the main objectives of the study, and, in particular, defines the main directions for further research.

Keywords:

enforcement proceedings, execution of judicial acts, debtor, recoverer, search for the debtor, recognition of a citizen as missing, interested parties, legal interest, alimony obligations, civil trial.

For citation:

Kayumovа N. A. Consequences of recognizing the debtor as a subject of enforcement proceedings as missing. Business. Education. Law, 2021, no. 1, pp. 274—278. DOI: 10.25683/VOLBI.2021.54.141.