ON LEGAL NATURE OF THE ENFORCEMENT FEE INSTITUTE

Abstract

The article is devoted to the institute of enforcement fee collection. Analysis
of legal practice proves inadequacy of legislation governing the collection of enforcement
fee, algorithm of actions with a change in the enforcement and collection
of enforcement fee from individual debtors.
Passed on October 2, 2007 Federal Law № 229-ФЗ "On Enforcement Proceedings"
gives details of the mechanism of enforcement fee collection, however,
it doesn’t fix the ambiguous legal provisions on penalties for enforcement fee collection,
which causes problems in law enforcement.
In legal literature, the legal nature of enforcement fee is one of the topical
problems. The Institute of enforcement fee is poorly understood. The author analyzes
different points of view on legal nature of enforcement fee. Based on the
study of different views of scholars, the author comes to the conclusion on the
review of enforcement fee as a measure of administrative enforcement.
Based on the above mentioned facts, the Institute of enforcement fee requires
further scientific interpretation and further development.