Prosecutors protection of the debtors, recoverors and other persons rights in enforcement proceedings

Abstract

The article compares two types of powers of the prosecutor to protect the rights of the debtor, recoveror and other persons in enforcement proceedings: powers to monitor the legality of the actions of the bailiff and powers related to the participation of the prosecutor in civil and administrative proceedings in defense of the weak party. Based on the results of this comparison, the author concludes that it would be wrong to confer on the prosecutor the rights of the enforcer in enforcement proceedings on the basis that he defended the rights of that party in civil or administrative proceedings, since the prosecutor cannot participate as an equal party in enforcement proceedings and supervise the activities of the bailiff. The problem of protecting the rights of a weak participant in enforcement proceedings should be solved in another way.