Email this article Application of the Principle of Inviolability of the Minimum Propertyin Enforcement Proceedings
- Authors: Sagitova E.V.1
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Affiliations:
- Russian State University of Justice, Kazan Branch
- Issue: Vol 15, No 5 (2022)
- Pages: 299-304
- Section: Articles
- URL: https://journals.rcsi.science/2072-3164/article/view/147635
- ID: 147635
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Abstract
The purpose of the study is to identify the features of the application of norms-principles and norms-legislative provisions of enforcement proceedings on the example of a minimum of property not subject to recovery. In the article, the author correlated theoretical approaches to the concept of this principle, and also analyzed the latest legislative changes. The author focused on the features of determining the guaranteed minimum on the example of cash, residential premises and luxury goods. Conclusions: The author found discrepancies between the normative content of the principle of inviolability of the minimum property in enforcement proceedings and its purpose. The correlation of abstract norms of law with their interpretation in judicial practice has shown that this principle still depends on the discretion of judges and the socio-economic situation in the country. The inviolability of the minimum property, as a principle-statute, needs to be detailed through special norms, and not general rules.
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##article.viewOnOriginalSite##About the authors
Evgenia Valerievna Sagitova
Russian State University of Justice, Kazan Branch
Email: sagitova-rgup@mail.ru
Lecturer of the Department of Civil Procedure Law Kazan, Russia
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