Zakharov, V.V. The problems of efficiency of the Russian enforcement proceedings in XIX — early XX centuries

Abstract: The article includes analysis of the efficiency of various models of enforcement proceedings in Russia in XIX — early XX centuries. It is shown that the model of penal proceedings, for which the legislation of the first half of the XIX century provided, was a public law model and it guaranteed the enforcement of only half of the court decisions on civil cases. Due to some organizational and procedural legal reasons the enforcement process could commonly last for about 5 years. Due to the judicial reform of 1864 there was a transfer to a mixed judicial model for the enforcement of court decisions on civil cases. It turned out to be more efficient, and it guaranteed enforcement of about 70% of decisions within a year. The process of enforcement of judicial decision was generally about 2 years long. This success is directly connected with the institution of court enforcement officers and the ability for the claimant to have a more active role, while it also made the judicial enforcement more costly.

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