EXECUTIVE IMMUNITY IN THE EVENT OF A DEBTOR’S BANKRUPTCY

Author(s): Slabospitsky A.S., Solovyova D.A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2023-3-31-38

Release: 2023-3 (39)

Pages: 31-38

Keywords: executive immunity, bankruptcy, housing, property immunity, bailiffs-performers, creditor, debtor

Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.

Bibliography: Slabospitsky A.S., Solovyova D.A. EXECUTIVE IMMUNITY IN THE EVENT OF A DEBTOR’S BANKRUPTCY // Journal of Legal Sciences. – 2023. – № 3 (39). – С. 31-38. doi: 10.21777/2587-9472-2023-3-31-38