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Business Duty Officer

sun indicated, when it is impossible to obtain a duplicate of the writ of execution nine years after its withdrawal

sun indicated, when it is impossible to obtain a duplicate of the writ of execution nine years after its withdrawal

Court agreed, that the actions of the city administration show signs of abuse of the right, because she couldn't help but know, that the writ of execution was withdrawn by her, and enforcement proceedings were not executed with 2013 Mr., however, she was not interested in the fate of the writ of execution all this time.

Associate Professor of the Department of Legal Support of the Market Economy, RANEPA under the President of the Russian Federation, Member of the General Council of Business Russia, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts, ambassador “business officer” Ekaterina Avdeeva counted, that the decision is of great importance for the formation of law enforcement practice.

“The issue of the debtor being in a state of legal uncertainty has already been the basis for considering it not only by the Supreme Court of the Russian Federation, but also by the Constitutional Court. So, The Constitutional Court pointed out, that the rights of the claimant cannot affect the main content of the constitutional rights of the debtor. Procedural deadlines are of great importance in securing such rights and eliminating legal uncertainty in an unlimited time period., which in fact leads to a violation of the provisions of the Constitution, including the possession and use of property. Since legal existence has its own dimension, it is important to comply with the deadlines established by the current legislation”, she said.

As the expert noted, in the decision of the Supreme Court of the Russian Federation, it is said that, that the writ of execution was initially withdrawn by the claimant himself, and the elapsed time is almost 10 years suggests, that the debtor was entitled to rightly believe that the refusal to exercise his right to collect, which is backed up by current regulations.. "Execution proceedings have been completed 5 December 2013 Mr., not a single petition for the restoration of a writ of execution for nine years has been submitted in the case file, which follows from the definition of the RF Armed Forces, therefore, the satisfaction of such a requirement after such a significant period without the presence of obstacles to the exercise of one's rights within the prescribed period would violate the normal business turnover and create prerequisites for the abuse of the right ", – said Ekaterina Avdeeva.

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