A COMPARATIVE LEGAL ANALYSIS OF SOME ASPECTS OF ENFORCEMENT PROCEEDINGS IN THE USA AND RUSSIA

Year: 
2020

Article:

Issue: 
4

DOI: 
10.34076/2219-6838-2020-4-68-77
Author(s): 

Drobysheva Aleksandra

Master student, Russian Presidential Academy of National Economy and Public Administration (Moscow), е-mail: sasha_drobysheva@mail.ru

Kornya Yuliya

Master student, Russian Presidential Academy of National Economy and Public Administration (Moscow), е-mail: juliakornya@yandex.ru

Author(s): 
Drobysheva Aleksandra
Kornya Yuliya
Abstract: 

The authors provide a comparative legal analysis of the enforcement system in the United States and Russia, taking into account that both countries have a federal structure. The authors emphasize certain peculiarities of enforcement proceedings in the United States: the importance of private legal (collection) agencies that exercise most of the enforcement powers, the use of imprisonment, and the enhanced role of the court. The authors note that the enforcement mechanism installed in the USA may raise interest in our country, since the Federal Service of Court Bailiffs of Russia is currently overloaded, has a low percentage of actual execution, and therefore needs to be reformed. It is concluded that the experience gained in the USA in the enforcement system could be replicated in Russia; however, the authors draw attention to the need to avoid rash copying and, in any borrowing, take into account historical, national, economic, political, and other specificities of each country.

Key words: 

enforcement proceedings, service of marshals, sheriffs, collection agencies, bailiffs

Text of the article: 

Publication date: 
Monday, 19.10.2020

English