Legality and effectiveness of enforcement are among the priorities of prosecutorial supervision

Issues of effective and lawful compulsory enforcement are of particular importance in the activities of the system of state bodies, as it is at this final stage of any procedural production that the rights and claims that were not observed by the debtor during interaction with other participants in public relations can be realized.

The need for compulsory enforcement is due to both objective factors, when due to the lack of funds or other property, the debtor cannot promptly fulfill their obligation, and subjective factors, when due to their bad faith, they do not wish to fulfill it, and the need for coercive measures arises.

Each situation is individual and requires a balance of discretion and coercion, respecting the rights not only of the claimant but also of the debtor. Therefore, the role of the prosecutor's office in exercising supervision in this area consists in verifying the compliance by bailiffs with procedural deadlines, the rights of the parties to enforcement proceedings, the timeliness and completeness of enforcement actions and measures to ensure compulsory enforcement, and the correctness of record-keeping.

Identified violations of legislation on enforcement proceedings become the subject of thorough analysis by prosecutors, which also allows for the identification of the causes and conditions for shortcomings in the work of compulsory enforcement bodies. The result of such meticulous and extensive work by prosecutors is the issuance of relevant submissions to the heads of territorial compulsory enforcement bodies. In 2018, the prosecutor's offices of the Vitebsk region prepared 40 such supervisory acts.

Problems of enforcement requiring the most prompt and principled response, and immediate prevention of their recurrence, were resolved in the past year by prosecutors issuing 13 directives.

In 2018, individual legal acts issued by bailiffs of the Vitebsk region in violation of current legislation were protested in 38 cases to the heads of enforcement departments and to the court. At the same time, cases initiated by courts based on 7 protests from the prosecutor's office were considered by the appellate instances of the Vitebsk Regional Court and the Economic Court of the Vitebsk Region, as a result of which the initial court decisions to satisfy the prosecutors' protests were left unchanged.

In the current year, the preventive function is intended to gain wider application in the activities of the prosecutor's office in supervising compliance with legislation by enforcement bodies: to prevent repeated violations of the norms of current legislation by bailiffs by issuing them official warnings.

Further work on improving prosecutorial supervision in the indicated direction will contribute to increasing the effectiveness of solving enforcement proceedings tasks and strengthening legality in the activities of enforcement bodies.

Prosecutor of the Department of the Regional Prosecutor's Office
for Supervision of Compliance with Legislation
by Penitentiary and Enforcement Bodies D. Ploskunov