Prosecutor supervision over the execution of laws by bailiffs: The case for establishing a separate branch

Currently, the main normative legal preconditions have matured for designating prosecutor supervision over bailiffs as an independent branch of prosecutor supervision. The primary reasons are the comprehensive nature of the existing prosecutor supervision over modern bailiff activity and the proactive nature of this supervision. The comprehensive nature of prosecutor supervision is evident in the emergence of several distinct directions within it, as rightly noted by specialized directives of the Russian General Prosecutor's Office. Currently, within the framework of supervision over the execution of laws by bailiffs, one can separately distinguish: supervision over the legality of the initiation and conduct of enforcement proceedings; supervision over the procedural activities of inquiry officers within the Bailiff Service; supervision over the legality of administrative practice; supervision over the legality of the use of special means to ensure the established order of court activities and to ensure the forced execution of court decisions. The proactive nature of prosecutor supervision over the execution of laws by bailiffs is expressed in the prosecutor's ability to exercise the granted legal powers independently of the presence of a signal about a law violation, as well as in their right to use these powers at their own discretion to conduct measures aimed at identifying and uncovering legal violations. The existence of such capabilities is due to the fact that after recent legislative changes, bailiffs have been granted the power, on the grounds specified in the law, to significantly restrict the core constitutional rights of debtor citizens promptly (e.g., to enter a debtor's dwelling without judicial consent, to restrict a citizen's freedom of movement by prohibiting them from leaving the Russian Federation, etc.). In this regard, considering the dependent position of the debtor citizen during the forced execution of court decisions, the proactive nature of prosecutor supervision serves as a significant guarantee for the prompt assurance of legality in bailiff activities, as well as the restoration of the violated rights of persons involved in the forced execution of court decisions. The author declares no conflicts of interests.

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