Annotation

The article outlines the main findings of the authors' study of the institution of compensation for damages caused by the actions or inaction of bailiffs. The relevance of this topic is due to the fact that enforcement proceedings are inextricably linked to justice, and therefore the unlawful behavior of bailiffs, which leads to violations of the rights and legitimate interests of the subjects of enforcement proceedings, creates an illusion of the right of citizens to judicial protection, which is unacceptable. It has been revealed that the studied institution of damages in relation to enforcement proceedings correlates with such a method of protection as challenging the actions (inaction) of authorized bodies, but the need to establish additional aspects gives it a certain independence. The authors' analysis of judicial practice leads to an ambiguous conclusion regarding the conditions for compensating damages: on the one hand, the courts strive to establish a clearly defined offense, and on the other hand, they allow the use of legal mechanisms that are completely unrelated to the presumption of a causal relationship, which nevertheless raises questions about their logical integration into the legal system. The authors also identify other features of the legal institution under study.