R.Z. Gaifutdinova,

Senior Lecturer of the Branch of the Kazan (Volga region) 

Federal University in Naberezhnye Chelny

In the article author carries out a detailed and complex research of features of the foreclosure on the real property in the enforcement proceedings. Because, as a rule, real estate is the most significant object of civil rights, it is proposed to establish criteria relatable enforcement measures and the size of the amount requested. Proved necessity of application a uniform approach to the problem of storage of the distrained real property, where the key tool is a safekeeping agreement. Is offered to fix position, which prohibits the use of the measures to protect real estate except the arrest, at the legislative level. Is offered a new universal approach determining the realizable property in general and real property. Identified gaps in the normative regulation of the procedure for conducting public bidding for the sale of real property. In the article notes the necessity of determining the initial real property prices, which shall be sold in execution, only by order of a bailiff, including determining the initial price of the land, because the definition of the initial price by the court increases the time of enforcement proceedings, generates unnecessary prolongation. Is offered a new formulation of the principle of inviolability of home. It is needed to develop and adopt specific foreclosure legislation in respect to the space objects. It is advisable to consolidate the approach that the demand to apportion participatory share of property of spouses when it foreclosed in enforcement proceedings may be filed in court by a bailiff. 

Keywords: real property; foreclosure; enforcement proceedings; distress; arrest of property; appraisal; distress sale; sale in execution.