Enforcement Fee as a Measure of Responsibility in Enforcement Proceedings

In this paper, the author conducted a comprehensive study of the problem of responsibility in enforcement proceedings, including the identification of links between the measures applied, as well as an analysis of the question of the legal nature of the performance fee, and the formation of one's own justified point of view on the question of its place in the system of responsibility in enforcement proceedings. In particular, the author conducted: 1) analysis of current legislation and legal positions of higher courts on the application of rules on executive fees; 2) evaluation of theoretical views on the legal nature of the enforcement fee, formulating one's own point of view on the question posed; 3) consideration of practical aspects of collecting the enforcement fee based on the analysis of judicial practice; 4) a generalization of the system of liability measures applied to the debtor in enforcement proceedings, in terms of the grounds for their application; 5) modeling the most effective mechanism for collecting enforcement fees in terms of a balanced view of its legal nature; 6) analysis of existing categories and institutions of enforcement proceedings from the point of view of the developed model of the enforcement fee.