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Journal articles on the topic 'Bailiff'
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1
Kamieński, Grzegorz. "Przyczyny uzasadniające wyznaczenie zastępcy krótkotrwałego komornika." Przegląd Prawa Egzekucyjnego 2023, no. 10 (2023): 8–28. http://dx.doi.org/10.62627/ppe.2023.037.
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In the provision of art. 43 of the Act on Court Bailiffs, the legislator introduces a simplified procedure for appointing a deputy bailiff due to a justified obstacle in the performance of the bailiff’s duties. If it is necessary to appoint a short-term replacement of the bailiff, the deputy bailiff is appointed by order by the president of the competent district court at the request of the bailiff who cannot perform his duties due to factual obstacles in the form of rest, illness or other justified absence. The author analyses the concept of another justified absence of a bailiff, because in the cited provision of Art. 43 of the Act on Court Bailiffs, the legislator used a vague term.
2
Bródka, Jakub. "Doręczenie korespondencji za pośrednictwem komornika sądowego – zderzenie z praktyką." Przegląd Prawa Egzekucyjnego 2025, no. 1 (2025): 120–34. https://doi.org/10.62627/ppe.2025.006.
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As a result of the enforcement of an obligatory delivery by bailiff under Art. 139(1) of the Civil Procedure Code, there have arisen numerous practical doubts, which the legislator, more or less effectively, tried to dispel in order to repair the shortcomings of the applicable regulations. However, the issue has not been solved completely. This article presents selected disputable issues related to the delivery by bailiff, as well as to activities taken by bailiffs to identify the addressee’s present place of residence, which need to be solved. The author presents possible solutions to those issues in legislative or interpretation terms, which would make the performance of bailiffs’ activities easier and the correspondence delivery, as well as activities stemming from Art. 3b of the bailiffs act more effective, without prejudice to the rights of parties to proceedings. The choice of the issues is based on the existing legal regulations: the Civil Procedure Code, the bailiff’s cost act, the bailiffs act, as well as on the author’s literature and experience gained during his work in the bailiff office. Keywords: enforcement proceedings, delivery by bailiff, bailiff, place of residence, report
3
Abazov, A. Kh, and I. R. Nakhusheva. "Bailiffs’ Offices in the North Caucasus in the Last Third of the 18th — First Half of the 19th Centuries: Evolution of Activity." Nauchnyi dialog 1, no. 8 (2020): 287–300. http://dx.doi.org/10.24224/2227-1295-2020-8-287-300.
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The article considers the evolution and suggests the periodization of the activities of local judicial and administrative control institutions in the North Caucasus in the last third of the 18th — first half of the 19th centuries on the example of bailiffs’ offices. Four stages are highlighted: 1) the establishment of the first private bailiff in Kabarda (1769) and the formation of the Main Caucasian bailiff’s office (1800); 2) its separation from the Main Kalmyk bailiff’s office structure (1801); 3) adoption of an Institution for the administration of the Caucasus region (1827); 4) reorganization of the Chechen bailiff (1852) and replacement of bailiffs by institutions of military popular administration (1858). The functions of the main and local bailiffs’ offices within the framework of the proposed periodization are considered. The features of administrative subordination of local and main bailiff offices and their staff structure are studied. Attention is drawn to the difficulties of organizing the activities of bailiffs’ offices related to their subordination, on the one hand, to the Board (Ministry) of Foreign Affairs, on the other — to the provincial or linear authorities. It is concluded that the proposed periodization allows to present the dynamics of the activity of the bailiffs in the North Caucasus in the last third of the 18th — first half of the 19th centuries as a complex phenomenon aimed at finding optimal forms of governance of the peoples included in the political and legal space of the Russian Empire.
4
Lipińska, Jaonna. "Doręczenie komornicze. Postulaty de lege ferenda." Przegląd Prawa Egzekucyjnego 2022, no. 10 (2022): 61–91. http://dx.doi.org/10.62627/ppe.2022.040.
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This study constitutes a set of principles of de lege ferenda postulates concerning issues of service by a bailiff. An attempt has been made at analysing regulations included in the Act – Code of Civil Proceedings and the Act on bailiffs and all the acceptable de lege ferenda postulates have been presented. Taking the indicated postulates into account could improve the efficiency of so-called bailiff’s service in practice and resolve disputes that concern the doctrine and prevent the application of varied judicature practices by courts. In particular, the following de lege ferenda postulates, among other, are worth mentioning: extending a deadline for the fulfilment of a court obligation, extending the group of entities that may provide a bailiff with information about a present domicile of a defendant, replacing the concept of ‘domicile address’ with the term ‘address of stay’ in the institution of searching for a defendant regulated in art. 3b of the Act on bailiffs, specifying a group of entities that are subject to a bailiff service, creating a procedure in the situation where a plaintiff opens communication addressed to a defendant and instructing bailiffs to serve payment orders issued in proceedings by writ of payment and summary proceedings directly by courts pursuant to art. 3(4)(1) of the Act on bailiffs. This study has been drawn up based on applicable regulations included in the Act on the Code of Civil Proceedings and the Act on bailiffs. The current literature was used, as well as the author’s experience acquired while working in a lawyer’s office. Keywords: bailiff’s service, search for a current domicile address of a defendant, service of a lawsuit, service in civil proceedings, de lege ferenda postulates
5
Lipińska, Joanna. "Poszukiwanie przez komornika sądowego aktualnego adresu zamieszkania pozwanego na podstawie art. 3b Ustawy o komornikach sądowych." Przegląd Prawa Egzekucyjnego 2022, no. 4 (2022): 25–48. https://doi.org/10.62627/ppe.2022.014.
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his article discussed in detail the process of determining the current address of residence of the defendant by the bailiff. It was explained when it is possible to submit an application for measures aiming at determining the current address of residence of the defendant and what requirements should be met by such application. One presented the possible results of the process of determining the current address of residence by the bailiff and indicated the further steps to be taken by the plaintiff, depending on the outcome of the bailiff’s activity. Comments of a de lege ferenda nature were also made among other on the consideration of the possibility of constructing an open catalogue of entities to which the bailiff may turn in order to obtain the necessary information about the current address of residence of the defendant as well as ways to enable bailiffs to determine the current address of the defendant. This article has been developed on the basis of the applicable legal regulations contained in the Act on Court Bailiffs, in particular in Art. 3b. At the same time, the previous literature was used, as well as the achievements of the law firm in which the author is employed. Keywords: determining the current address of residence of the defendant, current address of the defendant, service by bailiff
6
Waldziński, Cezary Paweł. "Kilka uwag do wykładni art. 19 ust. 1 ustawy o komornikach sądowych." Przegląd Prawa Egzekucyjnego 2022, no. 12 (2022): 8–26. http://dx.doi.org/10.62627/ppe.2022.045.
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This study addresses two of the four grounds for dismissing a bailiff from his position, regulated in Art. 19 paragraph 1 of the Bailiffs Act. The first of these conditions is that the bailiff is 65 years of age. On the other hand, the second premise concerns the fact that the bailiff caused a financial shortfall, consisting in spending the funds subject to documentation for activities inconsistent with their intended use, in the amount exceeding PLN 15 000. At the end of the study, de lege ferenda conclusions were included. Keywords: court bailiff, decision dismissing the bailiff from his position, financial shortage, prohibition of age discrimination
7
Kolański, Józef. "Zasady działania komornika sądowego i ich wpływ na efektywność egzekucji sądowej." Przegląd Prawa Egzekucyjnego 2025, no. 1 (2025): 55–79. https://doi.org/10.62627/ppe.2025.003.
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In practice, the bailiff should be as effective as possible with the least amount of arduousness and the minimum outlays. The bailiff’s work is based on many rules, including the following priorities: law-abidingness, honesty, speed, self-financing, and cooperation with creditors. Other rules described in this article are also important. In the new act, the financing of enforcement activities gains special importance. The bailiff is the only public officer that performs all activities on their own account and at their own risk. At the same time, the fee charged by the bailiff is a non-tax public charge. The bailiff’s independence and self-reliance are limited by extended supervision. Keywords: bailiff, judicial enforcement, effectiveness, rules of conduct, bailiff’s revenue, self-financing
8
Joanna Misztal-Konecka. "Wytknięcie rażącej obrazy przepisów w ustawie z dnia 22 marca 2018 roku o komornikach sądowych/Reproach for a flagrant violation of the law in the Act of 22 March 2018 on Court Bailiffs." Forum Prawnicze 1, no. 51 (2019): 38–52. http://dx.doi.org/10.32082/fp.v1i51.59.
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The Act of 22 March 2018 on Court Bailiffs introduced to the system provisions regulating the profession of court bailiffs the institution of reproach for a flagrant violation of the law. This institution derives from the Law on the Organization of Common Courts, but the lawmaker opted for extensive modifications in comparison to the original source: the ground for issuing a reproach is a flagrant violation of the law by the bailiff, and the only competent authority to issue it is the district court. Even though the imposition of this sanction affects, among other things, eligibility to serve as a bailiff-inspector or member of a disciplinary board, has to be disclosed on the roll of bailiffs kept by the National Bailiff Council, is binding in disciplinary proceedings and affects the severity of the penalty imposed in them, the affected bailiff has no legal recourse to challenge the reproach. The opportunity to present the district court with an explanation can hardly be regarded as a sufficient remedy to deal with an unfounded reproach.
9
Bródka, Jakub. "Między zmiennością a racjonalnością – publicyzacja egzekucji sądowej (część 2). Analiza i ocena wybranych zmian legislacyjnych z lat 2015–2018." Przegląd Prawa Egzekucyjnego 2022, no. 12 (2022): 55–76. http://dx.doi.org/10.62627/ppe.2022.047.
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The effective date of the Act on bailiffs and bailiff costs was the culmination of the period of publicisation of court enforcement, which began with the introduction of amendments to the Act on bailiffs and enforcement of 9 April 2015. The analysis is aimed at proving that the present form of court enforcement with regard to an enforcement fee, local competence and the right to select a bailiff by a creditor approximates it to the public-legal sphere and differentiates from legal professions that operate in contractual freedom. An enforcement fee has been classified by the author of the study as a public due, however of the nature of sui generis, while the local competence and right to select a bailiff as institutions of mixed character. The author concludes that the publicisation trend predominates now in the legislature that concerns court enforcement; nevertheless, considering all legislative achievements of the last 25 years, it is not possible to explicitly classify the profession of a bailiff in the dichotomy ius publicum – ius privatum. Keywords: publicisation of court enforcement, bailiff, enforcement fee, enforcement proceedings, local competence
10
Pawłowska, Marta. "Nowy model i zasady rekrutacji na aplikację po zmianach wprowadzonych ustawą z dnia 22 marca 2018 r. o komornikach sądowych – wybrane zagadnienia." Przegląd Prawa Egzekucyjnego 2023, no. 5 (2023): 61–90. http://dx.doi.org/10.62627/ppe.2023.019.
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This article analyses selected regulations that govern a new model of recruitment for bailiff apprenticeship. The present legal status has been assessed taking into account comparative criteria, including but not limited to the rules of recruitment for legal council and solicitor apprenticeships. The author refers to an essential change introduced by the legislator under art. 66 of the Act on Court Bailiffs that determines limits for candidates for bailiff apprenticeship. At the same time, it can be observed annually that candidates are losing interest in taking an entry examination for bailiff apprenticeship. The following part of the article presents general issues that concern the conduct of an entry examination, the composition of an examination board as well as rules of resolving test questions at the entry examination for bailiff apprenticeship, which were changed upon the effective date of the Act of 22 March 2018 on Court Bailiffs. The article presents already existing opinions of the doctrine as well as de lege ferenda postulates.
11
Hidayat, Riyan Erwin, Fredy Ghandi Midia, and Ahmad Manarul Hidayatullah. "ANALISIS KRITIS PERUBAHAN KEWENANGAN JURU SITA DALAM PEMANGGILAN PIHAK BERPERKARA DI PENGADILAN AGAMA SUKADANA." Siyasah Jurnal Hukum Tatanegara 3, no. 2 (2023): 148–59. http://dx.doi.org/10.32332/siyasah.v3i2.7900.
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The discussion regarding bailiffs is currently interesting to discuss. Because there is a discourse that changes the bailiff's task system, namely in summoning litigants to court. Where summoning the parties to the case is one of the important duties of the bailiff. And in this case, the Supreme Court's discourse on changing the calling system via the post office means that it is clear that there are consequences to this policy. The aim of this research is to determine the impact that occurs when a litigant is summoned to the Religious Court using the Post Office. This research is field research, using qualitative data analysis. The results of the research carried out by transferring the parties' summons to a third party post office were not in accordance with the court's principles of simplicity, speed and low costs. Because it adds bureaucracy, the bailiff should contact the next litigant directly.
12
Nikolaev, D. O. "The Institution of Compensation for Harm Caused by the Russian Federal Bailiff Service." Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki 166, no. 3 (2024): 110–21. http://dx.doi.org/10.26907/2541-7738.2024.3.110-121.
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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.
13
Pyatkina, Ekaterina, Elena Grinina, Tanzilya Rudzinskaya, and Larisa Shipova. "The influence of a stressful situation on human behaviour in the modern world." E3S Web of Conferences 273 (2021): 10013. http://dx.doi.org/10.1051/e3sconf/202127310013.
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The article presents the results of a study of the types of response among bailiffs-executors in stressful situations. The relevance of the study is driven by the need to search for effective strategies and technologies for psychological support of bailiff officers which is due to the high riskiness and stressfulness of their professional activities. The study involved 675 bailiffs-executors, 410 males (60.7%) and 265 females (39.3%) aged 21 to 59 years. In our research, we used Minnesota Multiphasic Personality Inventory (MMPI) and K. Leonhard-N Shmishek Test to identify character accentuations supplemented with personal data. The study revealed the features of bailiffs’ response in stressful situations and established the prevailing types of response. The obtained data indicate sufficient emotional regulation, stability, activity, initiative, enterprise and resourcefulness among the bailiff service officers in non-standard stressful situations. The data factor analysis allowed us to highlight the main characteristics common for bailiffs-executors with the most widespread - rigid - type of response in a stressful situation. The results of the study can be used in professional training of the bailiff officers, in psychological selection and psychological support, as well as in foreseeing and prevention of professional deformation of a personality among bailiffs.
14
Kamieński, Grzegorz. "Uregulowanie podziału odpowiedzialności pomiędzy zastępowanym komornikiem a jego zastępcą w art. 50 u.k.s." Przegląd Prawa Egzekucyjnego 2023, no. 12 (2023): 29–51. http://dx.doi.org/10.62627/ppe.2023.046.
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The provision of art. 50 of the Act on Court Bailiffs introduces a division of liability between the replaced bailiff and his deputy (curator of the law firm) regarding incurring obligations arising from the employment of people in the law firm and incurring personal and material costs related to the enforcement activities conducted. The above-mentioned provision applies only in the event of dismissal of the bailiff from the position held (article 19 of the Act), expiry of the appointment to the position of bailiff by operation of law for the reasons specified in art. 20 section 1 points 2–4 and 6 of the Act or transfer of the bailiff (article 23 of the Act). Regulation of art. 50 of the Act will not apply if the expiry of the appointment occurred as a result of the death or incapacitation of the bailiff (Article 20 section 1 points 1 and 5 of the Act). The author analyzes the issue relating to the rules governing the division of responsibility between the replaced bailiff and his deputy, referred to in art. 50 of the Act.
15
Pawłowska, Marta. "Analiza zastępstwa długotrwałego na przykładzie art. 19 ust. 1 pkt. 2 ustawy o komornikach sądowych – problemy praktyczne." Przegląd Prawa Egzekucyjnego 2022, no. 8 (2022): 50–76. http://dx.doi.org/10.62627/ppe.2022.031.
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The article presents a detailed scope and mode of appointing a long-term replacement. The analysis covers the scope of rights and duties held by a long-term replacement. A number of practical issues have been presented, which have to be faced by a bailiff acting as a replacement in day-to-day work. Considerable doubts are still raised by issues relating, among other, with the take-over of an enterprise in the meaning of art. 23(1) of the Labour Code, as the Act on Bailiffs does not include a reference to regulations of labour law in this regard. Moreover, the issues relating to archiving files or liability of a dismissed bailiff in this respect have not been regulated at all. Other matters presented in the article concern a holiday leave of a replacement bailiff and his/her responsibility due to acting as a replacement bailiff. Finally, problems relating to income of a replacement bailiff have been discussed. Keywords: take-over of an enterprise, financial risk of a replacement, archiving of files, income of a replacement
16
Kowalski, Sebastian. "Wpływ postępowania karnego i postępowania w sprawie o przestępstwo skarbowe na status komornika sądowego." Przegląd Prawa Egzekucyjnego 2022, no. 3 (2022): 27–50. https://doi.org/10.62627/ppe.2022.010.
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The article presents the dogmatic-legal analysis of the impact of penal proceedings and proceedings concerning a fiscal crime on the status of a bailiff. This impact involves an option of suspending a bailiff in activities when proceedings are initiated against him or her or upon the expiry under law of the appointment of a bailiff to the official position and the option to dismiss him or her from the position upon passing a final and valid judgement concerning a crime or a fiscal crime. According to the author, the present regulations of this problem in the Act on bailiffs, although generally correct, do require an intervention of the legislator. The author deems as unacceptable, first of all, no possibility to revoke a decision to suspend a bailiff in activities if the basis of a suspension has been the presentation of an alleged crime or a fiscal crime, regardless of how long the proceedings continue or of their outcome and the expiry of the appointment to the official position of a bailiff sentenced for a wilful act prosecuted on the basis of private prosecution, even if its commitment had nothing to do with the fulfilment of an official function. Keywords: suspension of a bailiff, termination of appointment, dismissal, conviction
17
Pawiłowicz, Karolina. "Swoboda świadczenia usług i swoboda przedsiębiorczości a zawód komornika sądowego." Przegląd Prawa Egzekucyjnego 2022, no. 3 (2022): 72–89. https://doi.org/10.62627/ppe.2022.012.
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The article deals with the issue of the possibility of applying the freedom to provide services and the freedom of establishment to court bailiffs. The author, taking into account the legal nature of the profession of bailiff, analyzes the EU legal bases – both primary law and secondary law. Using the jurisprudence of the Court of Justice of the European Union and the significant progress achieved in this regard in relation to notaries, and including the contradictory opinions of the doctrine that have occurred over the years, the author attempts to assess the profession of court bailiff in the light of freedom to provide services and freedom of establishment. Keywords: freedom to provide services, freedom of establishment, court bailiff
18
Szachta, Joanna. "Rozważania na temat zasadności pobrania od Zakładu Ubezpieczeń Społecznych jako wierzyciela opłaty stałej z art. 29 ust. 4 u.k.k." Przegląd Prawa Egzekucyjnego 2022, no. 3 (2022): 5–25. https://doi.org/10.62627/ppe.2022.009.
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The purpose of the article is to answer a question if a bailiff is authorised to collect a fixed fee from the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) that has been defined in art. 29(4) of the Act on bailiff Costs. The reason for raising this issue is a controversy in collecting a final fee from ZUS, which contributes to a number of complaints filed against decisions of bailiffs, in which the above-mentioned fee was charged and ZUS was summoned to pay the same. The article refers to the main arguments of ZUS put forward to prove that it is not an entity from whom a fixed fee is collected. In this context, art. 114(4) of the Act on the social insurance system, art. 29(4) and (5) of the Act on bailiff costs, as well as art. 45(1) and (2) and art. 47 of the same Act were discussed. Finally, it was considered if it is admissible for a bailiff to file an application to a district court for the payment of an amount to cover a fixed fee under art. 46 of the Act on bailiff costs. Keywords: a fixed fee, a final fee, the Social Insurance Institution, ZUS, an enforcement fee
19
Pawłowska, Marta. "Odwołanie komornika z zajmowanego stanowiska – praktyczne aspekty." Przegląd Prawa Egzekucyjnego 2022, no. 7 (2022): 22–49. http://dx.doi.org/10.62627/ppe.2022.026.
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The article presents the broad subject matter relating to the long-term replacement of a bailiff due to his dismissal after he becomes 65 years old. First of all, general premises have been presented with regard to appointing a long-term replacement. Next, the author focused on the issue related to the dismissal of a bailiff under art. 19(1)(2) of the Act on bailiff costs. The regulation, even though it has been in force for three years already, still raises numerous controversies and has become a reason for discussions, both in literature and judicature. As a result of such changes, numerous bailiffs have appealed against decisions of the Minister of Justice with regard to their dismissal from office due to turning 65. Considerable doubts have arisen in this regard, both based on the regulations of the Constitution of the Republic of Poland and the Act on old-age pensions and pensions paid by the Social Insurance Institution (ZUS). Such problems have been discussed in the article, due to the lack of accurate regulations. Keywords: long-term replacement, dismissing a bailiff, retirement age
20
Szachta, Joanna. "Obowiązek zawiadamiania trzeciodłużnika o ukończeniu postępowania egzekucyjnego (art. 826 § 2 k.p.c.)." Przegląd Prawa Egzekucyjnego 2022, no. 10 (2022): 25–37. http://dx.doi.org/10.62627/ppe.2022.038.
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Since 1 September 2022, the content of art. 826 of the Civil Proceedings Code has changed. The regulation had remained unchanged since the effective date of the Civil Proceedings Code. In addition, almost identical content of that regulation was included in the Ordinance of the President of the Republic of Poland of 27 October 1932 – Law on Court Enforcement Proceedings. A change of the above-mentioned regulation results in imposing on a bailiff an obligation to immediately notify any third persons of annulling a seizure after a decision on discontinuation of enforcement proceedings becomes final. This study is an attempt at answering the following questions: does the extension of art. 826 of the Civil Proceedings Code impose new duties on bailiffs? What is the nature of activities of a bailiff taken under that regulation? When should a bailiff notify a debtor of an attached claim (by what deadline)? Keywords: discontinuation of enforcement proceedings, annulling an action, notification, debtor of an attached claim
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Bulat A., Tugutov. "Features of the Legal Status of the Bailiff-Executor." Rossijskoe pravosudie, no. 6 (May 25, 2022): 47–54. http://dx.doi.org/10.37399/issn2072-909x.2022.6.47-54.
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The article analyzes the features of the procedure for the enforcement of judicial acts and acts of other authorized bodies and the legal position of the bailiff as the central figure of the enforcement proceedings. Both the norms of the legislation on enforcement proceedings and the opinions of legal scholars concerning the procedural rights and obligations of the bailiff are given, ways to improve the current legislation are proposed. The specifics of legal relations in the field of enforcement proceedings as a procedure for the enforcement of judicial acts and acts of other specially authorized bodies inevitably determine the peculiarities of the procedural position of the Federal Bailiff Service within this procedure. In this regard, the authors, as a research goal, have attempted to determine the real legal status of a bailiff in this area and to identify the most urgent problems that arise in the implementation of his main powers. To achieve this goal, both general scientific (logical and systematic) and private scientific (formal-legal, comparative-legal, interpretation of law) research methods are used. It is established that the bailiff is the central figure in the enforcement proceedings, having multiple procedural functions within this procedure at each stage of the enforcement proceedings. The author presents his own classification of the powers of a bailiff in the framework of the procedure for the enforcement of judicial acts, analyzes the provisions of current legislation, as well as the positions of legal scholars, materials of the law enforcement practice of the Federal Bailiff Service. The problematic issues that arise during the implementation of the bailiff’s functions within the framework of enforcement, as well as in the process of his interaction with the bodies and officials involved in the process of its implementation, are investigated. Proposals have been made to improve the provisions of the current legislation on enforcement proceedings and other regulatory documents related to the establishment of the legal status of a bailiff, which can later be taken into account when developing the draft Executive Code of the Russian Federation.
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Syuaib, Syuaib, M. Taufan B., and Ermawati Ermawati. "The Role of Executors in Mariage Properties Sharing Based on Islamic Law." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 3, no. 2 (2021): 19–31. http://dx.doi.org/10.24239/ijcils.vol3.iss2.32.
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This study discusses the duties and functions of court bailiff in the settlement of marriage properties or gono gini in the religion court. This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.
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Pyatkina, Ekaterina, Elena Grinina, Tanzilya Rudzinskaya, and Larisa Shipova. "Study of personal social and psychological qualities of the bailiff service officers." E3S Web of Conferences 210 (2020): 19024. http://dx.doi.org/10.1051/e3sconf/202021019024.
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The article presents the results of the study of the personal socio-psychological features in the bailiff service officers. The study involved 675 bailiff executors, 410 men (60.7%) and 265 women (39.3%) aged 21 to 59 years. In our study, we used a number of diagnosis tools, such as MMPI - a multifactorial questionnaire for the personality study, Brief Indicative Selection Test developed by V.N. Buzin and E.F. Wonderlic, K. Leonhard - N. Shmishek diagnostic test to determine character accentuations, the projective technique "House-Tree-Person" by J. Book, as well as observations and interviews. Our study revealed mean indicators of intellectual development level related to the range of values "above average", absence of pronounced character accentuations with a tendency to hypertension and demonstrativeness and risks of a tendency to depression and rigidity. The analysis showed the relationship of certain characteristics to the subjects’ age and gender. Factor analysis identified the major social and psychological personality traits of bailiffs which are the most significant for their professional activities. The study results can be used for professional psychological selection of bailiff service officers, their psychological support and the development of techniques in order to prevent burnout syndrome and professional deformation.
24
Pietrzyk, Mateusz. "Problem pobierania opłaty z art. 29 ust. 4 ustawy z dnia 28 lutego 2018 roku o kosztach komorniczych od Zakładu Ubezpieczeń Społecznych." Przegląd Prawa Egzekucyjnego 2022, no. 6 (2022): 46–56. https://doi.org/10.62627/ppe.2022.023.
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The article presents the issue of reasons for collecting a final fee from the Social Insurance Institution pursuant to art. 29(4) of the Act of 28 February 2018 on bailiff costs. This subject matter is resolved differently in the judicature of common courts. Arguments have been presented that are used by the Social Insurance Institution and bailiffs in their procedural positions in proceedings resulting from a complaint against decisions of bailiffs. Keywords: Social Insurance Institution, final fee, enforcement fee
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Dziewulska, Monika. "Oczywista niecelowość wszczęcia postępowania egzekucyjnego w przypadku zgonu dłużnika przed wszczęciem tego postępowania." Przegląd Prawa Egzekucyjnego 2022, no. 6 (2022): 27–43. https://doi.org/10.62627/ppe.2022.022.
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Obvious Aimlessness of Initiating Enforcement Proceedings in Case of Debtor’s Death before Initiating the Proceedings For years, numerous interpretation difficulties have been caused, albeit unjustifiably, by the matter of charging a creditor with an enforcement fee in case of an obviously aimless initiation of enforcement proceedings, due to the death of a debtor before initiating such proceedings. In view, among other, of the consistency of the legal system and taking into account regulations included in the Code of Civil Proceedings with regard to the obvious unfounded lawsuit or actions that are obviously aimless as well as regulations concerning court enforcement proceedings included in the Act of 22 March 2018 on bailiffs and the Act of 28 February 2018 on bailiff costs, the determination and collection of such fees, as a duty of a bailiff, has always had a normative basis and been justified. Any doubts in this respect have been cleared by the Supreme Court, which in its Resolution of 27 January 2022 indicated that filing an enforcement application by a creditor against a deceased debtor constitutes an obviously aimless initiation of enforcement proceedings in the meaning of art. 30 of the Act of 28 February 2018 on bailiff costs. Keywords: court capacity of parties in enforcement proceedings, obvious aimlessness of initiating enforcement proceedings, enforcement fee
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Mührmann-Lund, Jørgen. "Revolutionen i Sæby." Kulturstudier 4, no. 1 (2013): 34. http://dx.doi.org/10.7146/ks.v4i1.8139.
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The revolution in Saeby In 1790, the citizens of the tiny town of Saeby in northern Jutland demanded a meeting at the Town Hall to confront the town bailiff about his abuse of power as chief of police, but the bailiff refused to obey any “self-made national assemblies”. In Denmark at the time, such examples of popular local unrest were often compared with the French Revolution. However, in later Danish historiography, these disturbances have been seen as “reactive” defences of traditional rights that do not carry the same historical significance as the bourgeois revolution in France, for example. Inspired by an interactional approach to popular unrest, this article argues that the Saeby citizens’ collective protest did indeed have some revolutionary traits: a micro-historical analysis of the conflict as a process shows that the unrest began as a reaction to enclosure and police reforms, and when the town bailiff was suspected of embezzlement, demands for democracy and more transparency grew. Descriptions of the bailiff’s rule as “despotic” show that the citizens of Saeby were inspired by contemporary ideals of democratic absolutism. Thus, the article concludes that popular local disturbances such as these should be seen as part of the revolutionary movement that was taking place elsewhere at that time.
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Goltsman, E. V. "Synergy in the Activities of Bailiffs and the Judicial Authority: History and Modernity." Vestnik Povolzhskogo instituta upravleniya 23, no. 1 (2023): 91–96. http://dx.doi.org/10.22394/1682-2358-2023-1-91-96.
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The powers of bailiffs and judicial authorities in the process of their interaction both in the Russian Empire and in the Russian Federation are analyzed. At the stages of comparison, the features of each designated historical period are taken into account, there is a certain kind of correlation with the state structure of the country, the political regime and economic factors. The author emphasizes the need to update this issue due to the multidimensional reform of the institution of bailiff.
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Jędrejek, Grzegorz. "WYNAGRODZENIE DOZORCY RZECZY RUCHOMYCH W POSTĘPOWANIU EGZEKUCYJNYM." Zeszyty Prawnicze 14, no. 2 (2016): 47. http://dx.doi.org/10.21697/zp.2014.14.2.03.
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THE CARETAKER’S FEE FOR THE CUSTODY OF MOVABLES IN FORECLOSURESummaryIn compliance with the relevant Polish provisions, movables impounded by a bailiff are to be left in the custody of the person with whom they were found. In Article 855 of the Polish Code of Civil Procedure the legislator recognises the bailiff’s option to put impounded movables in the custody of another person, includinga creditor, who then performs the duties of caretaker of the impoundedmovables. The aim of this article is to present issues related to thecaretaker’s fee in foreclosure proceedings. When a movable item isentrusted to the custody of a third party a regulatory relation in publiclaw arises between the bailiff and the caretaker. The caretaker’s fee ispart of the costs of repossession, and are payable in the foreclosureproceedings. The costs of repossession, including the caretaker’s fee, may not be claimed in separate proceedings.
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Nowocień, Marta Anna. "Notarialne zbycie nieruchomości w toku egzekucji sądowej – zagadnienia praktyczne." Przegląd Prawa Egzekucyjnego 2024, no. 4 (2024): 100–113. https://doi.org/10.62627/ppe.2024.032.
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This paper addresses practical aspects and problems in the work of a notary public related to the disposal of seized real property. The complex issue of the disposal of real property during enforcement has been discussed; it is emphasized that such disposal is legally permissible and important, but is associated with many additional legal aspects that notaries public have to take into account. It indicates the dynamic and complicated changes in the real property law in Poland, which affect directly the activities of notaries public, their liability and the security of real property transactions. It addresses the issues of applicable law, as well as those related to the amendment of art. 930 of the Code of Civil Procedure. It emphasizes practical difficulties faced by a notary public in the context of the amendment to the Code of Civil Procedure and the interpretation of existing regulations. Finally, it discusses matters related to the cooperation between notaries public and bailiffs. Keywords: notary public, notarial deed, bailiff, bailiff’s certificate, disposal of seized real property, joining enforcement
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Miller, D. A. "Sansho the Bailiff." Film Quarterly 61, no. 1 (2007): 65–67. http://dx.doi.org/10.1525/fq.2007.61.1.65.
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Szczekocki, Piotr. "Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion." Studia Iuridica Lublinensia 29, no. 3 (2020): 149. http://dx.doi.org/10.17951/sil.2020.29.3.149-162.
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<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>
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Uliasz, Marcin. "Koszty doręczeń elektronicznych jako wydatek komornika." Przegląd Prawa Egzekucyjnego 2023, no. 3 (2023): 4–23. http://dx.doi.org/10.62627/ppe.2023.009.
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Electronic delivery in court enforcement proceedings is made via various ICT systems. The use of some of those systems is connected with costs incurred by bailiffs, however without uniform settlement standards. This article discusses the admissibility of the classification of electronic delivery costs as expenses related to the delivery of correspondence. It is possible only if the cost of a single delivery or the cost of delivery in a single case is defined in advance as part of settlements between the bailiff and system operator.
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Трубин, В. Ю., та О. В. Еременко. "Актуальные вопросы истории развития законодательства об исполнительном производстве". СОВРЕМЕННОЕ ПРАВО, № 9 (1 жовтня 2021): 76–80. https://doi.org/10.25799/ni.2021.46.92.012.
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Исследуются актуальные вопросы истории правового регулирования деятельности судебных приставов во второй половине ХIХ века. Развитие института судебных приставов стало одним из результатов судебной реформы 1864 года. Построенные на преемственности традиций гражданского и административного судопроизводства России, исторические источники того периода характеризуют правовые аспекты деятельности судебного пристава как самостоятельного процессуального лица, наделенного властными полномочиями по своевременному исполнению решений суда и защите прав участников исполнительного производства. Обзор отдельных наиболее значимых вопросов истории становления службы судебных приставов направлен на создание единого представления о целях и задачах законодательства об исполнительном производстве. The article examines topical issues of the history of legal regulation of the activities of bailiffs in the second half of the nineteenth century. The development of the institution of bailiffs was one of the results of the judicial reform of 1864. Built on the continuity of the traditions of civil and administrative legal proceedings in Russia, historical sources of that period characterize the legal aspects of the bailiff's activities as an independent procedural person, endowed with the authority to timely execute court decisions and protect the rights of participants in enforcement proceedings. A review of some of the most significant issues in the history of the formation of the bailiff service is aimed at creating a unified understanding of the goals and objectives of the legislation on enforcement proceedings.
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Zamojski, Łukasz. "Doręczenie korespondencji sądowej pozwanemu za pośrednictwem komornika sądowego po zmianach dokonanych na mocy ustawy z dnia 9 marca 2023 r. o zmianie ustawy – Kodeks postępowania cywilnego oraz niektórych innych ustaw." Przegląd Prawa Egzekucyjnego 2023, no. 10 (2023): 56–87. http://dx.doi.org/10.62627/ppe.2023.039.
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In this article the author discusses changes in the action of serving court communication to a defendant by a bailiff introduced under the Act of 9 March 2023 on amendment to the Act – Code of Civil Proceedings and certain other laws. The amended or new regulations of the Code of Civil Proceedings have been analysed in this respect, namely art. 139(1) of the Code of Civil Proceedings, art. 139(2) of the Code of Civil Proceedings and modified regulations of the Act on bailiffs, namely art. 3a and art. 3b of the Act.
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Bródka, Jakub. "Między zmiennością a racjonalnością – prywatyzacja egzekucji sądowej (część 1). Analiza i ocena wybranych zmian legislacyjnych w latach 1997–2015." Przegląd Prawa Egzekucyjnego 2022, no. 11 (2022): 59–80. http://dx.doi.org/10.62627/ppe.2022.043.
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An institutional position of a bailiff has never been fully explicit, and the number of amendments introduced in this respect show that this is the area of intensive legislative activity. A purpose of this study is to prove that court enforcement was in the privatization trend in 1997–2015, when the legislator introduced legal changes that approximated a court bailiff to so-called independent legal professions. The author tries to prove his thesis against the shape of three institutions of major importance for court enforcement, namely an enforcement fee, jurisdiction (local competence) and the right to select a bailiff by a creditor. He clearly distinguishes when it is possible to indicate that a change is directed at ius publicum, locating it close to public authorities, and when towards ius privatum. The study allows to make a distinction between the period of limited and full privatization. The author points out that this legislative trend was affected by specific factors, such as effectiveness of court enforcement, burden on bailiff offices and events in media. Keywords: privatization of court enforcement, bailiff, enforcement proceedings, enforcement fee, jurisdiction
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Маковеев, В. Н., and Л. В. Сухарева. "Improving the system of the compulsory execution of judicial acts." Ius Publicum et Privatum, no. 5(15) (December 28, 2021): 100–103. http://dx.doi.org/10.46741/2713-2811-2021-5-100-103.
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В статье раскрываются правовые и организационные основы деятельности Федеральной службы судебных приставов. На основе анализа научных трудов отечественных ученых выделены существующие в ней проблемы. Предложены меры, направленные на совершенствование системы принудительного исполнения судебных актов и деятельности судебных приставов. The article reveals the legal and organizational foundations of the activity of the Federal Bailiff Service. Based on the analysis of the scientific works of domestic scientists, the problems in the activities of the courts of the Russian Federation are highlighted. The proposed measures aimed at improving the system of compulsory execution of judicial acts and the activities of bailiffs.
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Sofian, Sofian, Marluwi Marluwi, and Nanda Himmatul Ulya. "PROBLEMATIKA JURU SITA DALAM MELAKSANAKAN TUGAS DI PENGADILAN AGAMA NANGA PINOH." Al-Usroh 3, no. 2 (2023): 210–21. http://dx.doi.org/10.24260/al-usroh.v3i2.954.
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The objectives of this study are: 1) To find out the problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties. 2) To find out whether the bailiff at the Nanga Pinoh Religious Court has carried out his duties in accordance with Law Number 50 of 2009 concerning the second amendment to Law Number 7 of 1989 concerning Religious Courts. The results of the study can be concluded as follows: 1) The problems of the bailiff at the Nanga Pinoh Religious Court in carrying out their duties, namely the infrastructure that is less supportive, because there are villages that do not have road access for motorbikes to pass, during the rainy season natural disasters such as floods and landslides, the names of the parties are different between the nicknames and the names on the ID cards, making it difficult for the bailiff to find the litigants and in divorce cases the address of one of the parties is difficult to find. 2) The bailiff at the Nanga Pinoh Religious Court is only in charge of summoning the litigants. The bailiff at the Nanga Pinoh Religious Court has also carried out his duties in accordance with Law No. 50 of 2009 concerning the Second Amendment to Law No. 7 of 1989 concerning the Religious Courts, judging by the number of cases at the Nanga Pinoh Religious Court in 2021 which have completed 1 cases of polygamy permits, 39 cases of divorce divorce, 119 cases of litigation, 2 cases of joint property, 1 case of child control, 5 cases of guardianship, 18 cases of marriage legality, 87 cases of dispensation for marriage, 11 cases of guardian adhol and 2 cases of determining heirs. where the bailiff has a very important role in resolving the case.
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Avdeeva, N. I. "RECOVERY OF ALIMONY IN ACCORDANCE WITH THE LAW ON ENFORCEMENT PROCEEDINGS IN THE RUSSIAN FEDERATION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 67–77. http://dx.doi.org/10.37279/2413-1733-2020-6-3-67-77.
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The obligation to support disabled family members in the Russian Federation is established at the constitutional level. The corresponding norms are also established in international normative legal acts ratified by modern Russia. However, not all entities that are required to provide alimony content faithfully fulfill their obligations. In this case, Russian law provides for a mechanism for compulsory recovery of alimony. Most often it is necessary to resort to the procedure provided for by the legislation on enforcement proceedings, implemented by bailiffs-executors of the Federal bailiff service of the Russian Federation. The norms of the law on enforcement proceedings provide for a fairly wide range of powers of the bailiff in the framework of collecting debts for alimony, as well as measures of enforcement and liability to debtors for alimony, up to administrative and criminal. However, despite this, a significant part of the alimony debt in the Russian Federation remains uncollected. This entails a serious violation and infringement of the legal rights and interests of the most vulnerable segments of Russian society (minors, disabled family members, etc.), who are deprived of the possibility of decent material security. One of the reasons for this situation is the insufficient effectiveness of the current legislation on enforcement proceedings and the organization of enforcement in the Russian Federation.
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Szachta, Joanna. "Miarkowanie opłaty egzekucyjnej za egzekucję świadczeń pieniężnych – zagadnienia wybrane." Przegląd Prawa Egzekucyjnego 2022, no. 1 (2022): 45–81. https://doi.org/10.62627/ppe.2022.003.
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This study discusses the issue of moderating enforcement fees for enforcement of pecuniary claims (art. 48 of the Act on bailiff fees). This regulation enables to reduce an enforcement court fee determined by a bailiff correctly upon request of a party. A basis for submitting an application is a decision of a bailiff; therefore, the reduction may concern fees that have been already collected. A catalogue of reasons that make it possible to grant an application for the reduction of fees by a court is a closed one, and it includes: the labour input of a bailiff, a property situation of a debtor and his income. A basis for an application for moderating fees has been presented in particular as well as limits of moderation, entities that are entitled to submit an application and a deadline for its submission, and the suitability of applying regulations on a complaint. It has been analysed whether it is admissible to apply art. 759 § 2 of the Code of Civil Procedure if a court grants an application filed under art. 48 of the Act on bailiff fees. The uniqueness of the institution of moderating enforcement fees has been noted against other laws – the Act on court costs in civil cases and the Act on enforcement proceedings in administration. Due to doubts raised in the article concerning the moderation of fees determined under laws, the need to revoke art. 48 of the Act on bailiff costs has been suggested. Keywords: moderating enforcement fees, reducing an enforcement fee, exemption from enforcement costs
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Kruk, Jaonna. "Doręczenie pierwszego pisma w sprawie za pośrednictwem komornika sądowego w postępowaniu nieprocesowym." Przegląd Prawa Egzekucyjnego 2024, no. 3 (2024): 166–84. http://dx.doi.org/10.62627/ppe.2024.026.
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The Act of 4 July 2019 amending the Act – Code of Civil Procedure and some other acts introduced regulations regarding the service of the first pleading by the court bailiff. After many discussions on the appropriate application of Article 139(1) of the Code of Civil Procedure in non-litigious proceedings, the amendment of 9 March 2023 added Article 511(1a) of the Code of Civil Procedure, according to which the service of correspondence by a court bailiff is mandatory when the presiding judge deems it necessary. The aim of the article is to discuss the evolution of bailiff delivery procedures in non-litigious proceedings, with particular emphasis on the scope and conditions for the application of the Article 511(1a) of the Code of Civil Procedure, as well as the consequences resulting from the incorrect execution of the presiding judge’s order. Keywords: court bailiff, service in civil proceedings, service of the first pleading, non-procedural proceedings
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Nordio, Vadym Viktorovich. "Collaborationism of private performers and other persons who provide public services: feasibility of criminalization." Alʹmanah prava, no. 15 (September 1, 2024): 598–602. https://doi.org/10.33663/2524-017x-2024-15-598-602.
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The article examines the issue of the expediency of criminalizing the collaboration activities of persons providing public services, within the meaning of Ukrainian legislation, in the temporarily occupied territories of our State. Particular attention in this context is paid to the criminalization of collaborationism of private contractors. The author analyzes legislative initiatives aimed at establishing criminal liability for collaboration as its independent form in Article 1111 of the Criminal Code of Ukraine, namely, the draft Laws of Ukraine No. 8077 of 26.09.2022, No. 8301 of 23.12.2022, and No. 10136 of 09.10.2023. Each of these draft laws proposes to criminalize private enforcement officers for carrying out their professional activities in cooperation with the aggressor state. It is established that in the conclusions of the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine on the first two draft laws, the author pointed out that it is inappropriate to establish criminal liability for collaboration activities for attorneys-at-law and subjects of state registration of real rights. The author supports this assessment of the relevant legislative initiatives, since, for example, the activities of attorneys-at-law are inherently human rights-based, and therefore, criminalizing attorneys-at-law for collaboration is an excessive prospective application of criminal law. It is stated that in the Russian Federation there is no such profession as a private bailiff, and the enforcement of court decisions is carried out by the federal bailiff service. That is, the activity of enforcement of court decisions is state-owned, and therefore it clearly cannot be an independent professional activity. The author concludes that the criminalization of the collaborative activities of private bailiffs is excessive, since, given the regulation of bailiffs’ activities by Russian legislation implemented in the temporarily occupied territories of Ukraine, the activities of private bailiffs in these territories are impossible. Key words: private contractor, person providing a public service, independent professional activity, collaboration, collaborationism, criminalisation, crime, criminal offence, criminal liability, temporarily occupied territory
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Michalska-Marciniak, Monika. "Głos w dyskusji dotyczącej zagadnienia, czy śmierć dłużnika stanowi wypadek oczywiście niecelowego wszczęcia postępowania egzekucyjnego." Przegląd Prawa Egzekucyjnego 2023, no. 7 (2023): 86–94. http://dx.doi.org/10.62627/ppe.2023.028.
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Recently there have appeared diverging views about an amount of the court bailiff’s fee if enforcement procedures are discontinued due to the debtor’s death before the submission of an application for initiating enforcement procedures (original lack of judicial capacity). In the opinion of the Supreme Court, this should be qualified as an obviously aimless initiation of enforcement procedures within the meaning of Art. 30 of the Bailiff Fees Act. The literature on civil procedural law is critical about such an approach. This paper is an attempt to assess the views.
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Alexey Kh., Abazov. "Documentary support of the activities of the bailiff department of the Balkarian people in 1846-1858." Kavkazologiya 2023, no. 3 (2023): 282–92. http://dx.doi.org/10.31143/2542-212x-2023-3-282-292.
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The article considers the peculiarities of documentary support for the activities of the bailiff admin-istration of the Balkarian people in 1846-1858. Various types and functionalities of management documents (prescriptions, reports, petitions, relations, statements, lists, accounting books, reporting documents, etc.) were analyzed. It was established that the bailiff throughout the entire period of activity produced administrative, reporting, reference and information documents and documented information on the personnel of employees. The office documentation of the Office is considered in two aspects: 1) ensuring its external communication; 2) used to manage its own activities. Separate-ly, written documents compiled following the results of mediator proceedings with the participation of employees of the bailiff department of the Balkarian people were considered. It was concluded that the documentation of the active bailiff department of the Balkarian people was built on the ba-sis of the achievements of the Russian clerical culture and the principles of the administrative hierar-chy of officials and the delimitation of subjects of jurisdiction between sectoral institutions.
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Cretu, Vasile. "Regulation of the activity of judges and bailiffs during the period of the great union." Journal of the National Institute of Justice, no. 3(66) (November 2023): 30–34. http://dx.doi.org/10.52277/1857-2405.2023.3(66).04.
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The profession of judge and bailiff have been closely related since ancient times. The analysis of the regulation of these professions is of increased interest for legal specialists. In this article we propose to analyze how the professions of judge and bailiff (bailiff) were regulated in the era of the Great Union, especially the aspects related to the manner and requirements for entering the profession, the forms of disciplinary liability and remuneration for work, taking as a basis the texts of the normative acts in force at that time, applicable to the status of these professions. Also, we will compare the provisions of the mentioned period with the current ones, provided by the legislation in force.
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Kazakov, A. O. "RECOVERY OF DAMAGES FOR VIOLATIONS COMMITTED BY THE BAILIFF AT THE STAGE OF ENFORCEMENT PROCEEDINGS." Ex jure, no. 2 (2024): 22–36. http://dx.doi.org/10.17072/2619-0648-2024-2-22-36.
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the author examines the issues of recovery of damages for violations committed by a bailiff at the stage of enforcement proceedings in courts of general jurisdiction. Based on the analysis of current judicial practice, the author concludes that a systematic interpretation of the norms of substantive law, explanations of the Supreme Court of the Russian Federation and judicial practice of cassation and appeal courts of general jurisdiction allows us to conclude that the claim for damages from the bailiff will be refused if the bailiff proves the absence of his guilt namely, that he has taken all necessary and sufficient measures within reasonable limits to ensure the legality of actions to execute the executive document, including to exclude the possibility of harm to third parties.
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Szczechowicz, Kacper. "Postępowanie w sprawach o zabezpieczenie spadku." Przegląd Prawa Egzekucyjnego 2023, no. 9 (2023): 50–85. http://dx.doi.org/10.62627/ppe.2023.035.
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This article discusses one of trial institutions in civil law, namely security of inheritance. Regulations have been presented de lege lata concerning both the recognition phase and the executive phase of proceedings. Special attention has been paid to situations that may be faced by a bailiff in practice. The analysis has been based on comments on the Code of Civil Proceedings as well as monographs on legal sciences, not forgetting also about utterances of the Supreme Court that matter for the issue under discussion. Moreover, in point nine fiscal issues have been discussed briefly, related to a fee due to a bailiff, in comparison to the idea that was behind the introduction of the Act on bailiff costs by the legislator.
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김종호. "A Proposal of Bailiff System Reform through Transplant the Bailiff System into Court Organization." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 44 (2013): 271–306. http://dx.doi.org/10.17248/knulaw..44.201311.271.
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Szachta, Joanna. "Analiza zasadności ustalenia opłaty końcowej przez komornika sądowego w sytuacji, gdy wierzyciel jest podmiotem zwolnionym od uiszczania tej opłaty." Przegląd Prawa Egzekucyjnego 2022, no. 9 (2022): 26–40. http://dx.doi.org/10.62627/ppe.2022.034.
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This study is an attempt at answering a question if a bailiff is entitled to determine a fixed fee and to summon a debtor to pay the same in the situation where a creditor is an entity from whom no final fee is collected (listed in art. 29(5) of the Act on bailiff costs). Moreover, it should be determined if a fixed fee should be determined in every case, except for a situation where conditions are fulfilled listed in art. 29(4-5) of the Act on bailiff costs and the fee is paid by a creditor, or if a fixed fee is an exceptional fee that is charged depending on an entity that is a creditor. Keywords: a fixed fee, a final fee, a relative fee, an enforcement fee, costs of enforcement proceedings
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Sitepu, Kartika Dewanty, Marlina Marlina, and Jelly Leviza. "Implementasi Penagihan Pajak Dengan Surat Paksa Dan Penyitaan Dalam Upaya Optimalisasi Penerimaan Pajak Di Kantor Pelayanan Pajak Pratama Binjai." ARBITER: Jurnal Ilmiah Magister Hukum 2, no. 2 (2020): 201–8. http://dx.doi.org/10.31289/arbiter.v2i2.136.
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This article discusses the Implementation of Forced Tax Collection and Confiscation in an Effort to Optimize Tax Receipts at the Binjai Pratama Tax Office. Answering these problems used normative and empirical juridical research methods. The data used are primary data and secondary data. Field studies by conducting interviews with informants namely Bailiffs and Taxpayers. Data analysis was carried out qualitatively. From the results of the study showed that the implementation of tax collection with forced letters and seizures carried out by the Bailiff at the Binjai Primary Tax Service Office had been carried out in optimizing tax revenue. In reality, there are still some obstacles, namely the low compliance of taxpayers paying taxes, the address of registered taxpayers is difficult to find, the lack of supporting data, the number of bailiffs, and legislation. To overcome these obstacles, socialization and outreach activities to the public are carried out intensively and continuously, improving the address of registered taxpayers, adding bailiffs and human resources, increasing cooperation with third parties and clarifying the laws and regulations on active billing actions in order to achieve targets and realize tax revenues.
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Koroblowski, Mariusz. "Skarga na czynności komornika jako środek zaskarżenia w postępowaniu egzekucyjnym – wątpliwości dotychczasowe i nowe." Opolskie Studia Administracyjno-Prawne 17, no. 1 (2019): 107–13. http://dx.doi.org/10.25167/osap.1497.
Full textAbstract:
There are various appeals in the enforcement proceedings, such as a complaint against a bailiff, a complaint against the decision of the court, a complaint against the decision of the court referendary, and a charge against the plan for splitting the sum obtained from the enforcement. This article refers to the issue of doubts to date and new reservations concerning the complaint against a bailiff. The attention was paid to the consequences of the amendments to the Code of Civil Procedure made by the Act of 10 July 2015 on the amendment to the Civil Code, the Code of Civil Procedure and some other acts. It should be noted that the presented subject matter is of considerable practical value, since the distortion of the correct course of the enforcement proceedings often involves the breach by the bailiff of the rights of the debtor, creditor or third parties.