LEVY OF THE DEBTOR’S PROPERTY HELD BY A THIRD PARTY (GARNISHMENT): A COMPARATIVE HISTORICAL AND LEGAL ANALYSIS (ON THE EXAMPLE OF THE STATUTE OF CIVIL PROCEDURE OF 1864 AND MODERN LEGISLATION)

The legal institution of levy of the debtor’s property held by a third party (Russian garnishment proceedings) takes its origins in the Statute of Civil Procedure of 1864. The last incarnation of the institution under study was presented in 2007, and since then the procedure has not undergone any significant changes. The author of the article compares the pre-revolutionary and modern procedures of levy of the debtor’s property held by a third party, reveals the common features and characteristic differences of the compared procedures. If the claimant had documents indicating that the property belonged to the debtor, then the pre-revolutionary procedure took place without a trial. The bailiff sent the summons to the debtor and a third party. A receipt was taken from a third party prohibiting the transfer of property to the debtor. After that, the third party transferred the property to the bailiff. For violation of the requirements of the bailiff, liability was provided in the form of fines and compensation for damages. Throughout the entire procedure, the bailiff was under the control of the court. This article highlights two characteristic features of the pre-revolutionary procedure: the penalty liability of a third party and the presence of current control of the court over the actions of the bailiff. Currently, the courts exercise “preliminary control” over the actions of the bailiffs, which is expressed in the obligatory receipt of the court’s consent to the seizure and compulsory sale of the debtor’s property held by a third party. The preliminary judicial review of the court does not cover seizure actions. The author of the article proposes to expand the control of the court, and to think over the measures of liability of third parties for cases of unfair behavior.

Statute of Civil Proceedings, pre-revolutionary law, bailiff, fine, preliminary judicial control, current judicial control, claimant, third party, levy procedure, historical and legal research.

Kletsenko S. S. Levy of the debtor’s property held by a third party (garnishment): a comparative historical and legal analysis (on the example of the Statute of Civil Procedure of 1864 and modern legislation). Business. Education. Law, 2021, no. 2, pp. 269—272. DOI: 10.25683/VOLBI.2021.55.253.