The Problem of Implementation of Enforcement Measures by a Bailiff in Respect of the Debtor's Ownership Right to Joint Property Held by a Debtor and the Debtor's Family Members within the Framework of Enforcement Proceedings and a Civil Procedure

In the 21st century, the debtor's property rights are of no small importance in enforcement practice during arrest or recovery by a bailiff, since the property interests of his family members who have common property with him or as a share in it or jointly without determining the share may be affected. In this case, the question arises of how not to violate the rights and legitimate interests of other members of the debtor's family. A special role in determining the property rights of the debtor is played by who he belongs to in the family according to the Family Code of the Russian Federation. In this connection, the bailiff performs appropriate actions to determine the property rights of the debtor in the right of common ownership with other members of his family. Also of great importance is the category of property not subject to seizure or collection specified in the law, as well as property belonging to the category of “luxury”.