THE GARNISHEE AS A SPECIAL SUBJECT OF ENFORCEMENT PROCEEDINGS

The concept of “third parties” can be found in the law in several different meanings. These special subjects of enforcement proceedings differ from each other in a set of rights and obligations. Guarantees of preliminary judicial protection are provided only to third parties who own the debtor’s property (garnishee): the debtor’s property can be seized from these persons only with the consent of the court. As a distinctive feature of a third party owning the debtor’s property can be considered the fact that the third party has the debtor’s individually defined property. It doesn’t matter on what basis a third party owns the property; the bailiff will still not be able to seize property from them without a court order. The most common grounds for finding the debtor’s property with third parties are an agreement with a paying agent and a lease agreement. The legislator did not give any definition to third parties owning the debtor’s property, and did not include third parties in any of the groups of persons participating in enforcement proceedings. Third parties do not belong to any of the currently existing groups of participants in enforcement proceedings. Third parties are not parties to enforcement proceedings, which means they cannot enjoy the rights and obligations that are granted by law to the creditor and debtor. Third parties are also not included among the persons assisting or directly fulfilling the requirements of the jurisdictional act. For this reason, the legislator should expand the classification of subjects of enforcement proceedings by including “other interested parties” connected by one common feature — the presence of a legal interest.

enforcement proceedings, participants to enforcement proceedings, parties, third parties, the debtor, persons assisting in the execution of a jurisdictional act, persons directly executing the requirements of a jurisdictional act, judicial guarantees, the basis of ownership

Kletsenko S. S. The garnishee as a special subject of enforcement proceedings. Business. Education. Law, 2022, no. 2, pp. 155—159. DOI: 10.25683/VOLBI.2022.59.227.