Certain issues of the application of a temporary restriction on the use of a special right to a debtor in enforcement proceedings

Abstract

The article is devoted to the study of the following questions: what by its legal nature (family law or civil law) is the obligation to pay alimony arrears, the enforcement of which is carried out during separate enforcement proceedings initiated after the termination of the debtor's alimony obligation in connection with the child reaching adulthood or acquiring full legal capacity under 18 years of age on the grounds of specified in the law; is it lawful to apply such a stimulating measure as restriction of the use of a special right to the debtor within the framework of this enforcement proceedings? In the course of the analysis, the author comes to the conclusion that this obligation is civil law, and therefore, the application to the debtor of the restriction established by law in case of non-fulfillment of the requirement to collect alimony arising from family legal relations is questionable. Based on the results of the study, proposals were made to amend the legislation