Herald of Civil Procedure
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Introductory Commentary on Regulations of Executory Proceeding in the Charter of Civil Procedure

M.R. Zagidullin, 
Сandidate of Legal Sciences, Associate Professor of the Department of Environmental, 
Labor Law and Civil Procedure of the Kazan (Volga region) Federal University

In this number we continue the publication of the Charter of civil legal proceedings (1864) with comments of scientists in the Feld of civil legal proceedings. We publish the comment in this section to provisions of the Charter of Civil Legal proceedings (1864) on enforcement process. Enforcement process was considered as a closing stage of civil process. The distinctive feature was active participation of court within execution of judgments. The subject making executive actions was the bailiff. The bailiff was employed at District court and subordinated directly to the chairman of this court. Decisions on the basis of the court orders issued by court, made this decision, according to the oral or written statement of a creditor. Ee court order was signed by the Presiding judge and was fastened by the Secretary on sheets and the court press. The court order was issued in only one copy, but according to the decision on transfer by nature of several property, was permitted to issue the special court order on each of these manors, with the exact instruction on which. All actions on execution of the decision were assigned to Bailiffs of that judicial district in which actions have to be made. The court order was submitted by a creditor, for appointment of the Bailiff, to the Chairman of that District Court in which department the decision is subject to execution.

Keywords: history of civil process; Charter of civil legal proceedings.


Information about the author 

Zagidullin M.R. (Kazan) – Сandidate of Legal Sciences, Associate Professor of the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga region) Federal University (420008, Russian Federation, Kazan city, Krem- levskaya st., 18, e-mail: marat-z@mail.ru).

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M.R. Zagidullin