Judicial protection of creditor’s rights in the context of balancing private and public interests: administrative-law and civil-law aspects

Abstract

The article is devoted to the study of judicial protection of creditor’s rights in the context of balancing private and public interests, taking into account administrative-law and civil-law aspects. It is substantiated that the protection of creditor’s rights cannot be considered solely as a private-law category, since the proper performance of obligations, stability of civil turnover, effectiveness of judicial protection and enforcement of court decisions are important for society, the state and the legal order as a whole. Particular attention is paid to the principles of good faith, fairness and inadmissibility of abuse of rights, which determine the limits of conduct for both the creditor and the debtor [1].

The civil-law nature of the protection of creditor’s rights is revealed, which is manifested in the possibility of applying legally established remedies for the restoration of violated or disputed property rights and interests. It is shown that the creditor’s private interest is aimed at ensuring the proper performance of the debtor’s obligation, debt recovery, compensation for damages or return of property. At the same time, it is proved that the debtor’s bad-faith conduct, artificial alienation of assets, delaying of proceedings and other forms of abuse of rights negatively affect not only a particular creditor, but also the stability of property turnover and public trust in the judiciary [2].

The administrative-law aspect of the problem is analysed separately, as it is reflected in the proper organisation of the judiciary, ensuring access to justice, procedural discipline, functioning of the electronic court system and enforcement of court decisions. It is noted that the digitalisation of justice, electronic document flow and remote participation in court hearings increase the efficiency, transparency and accessibility of judicial protection [3]. Such an approach contributes to strengthening legal certainty and reducing the risks of merely formal justice.

It is concluded that effective protection of creditor’s rights requires an interdisciplinary approach, within which civil-law remedies should be combined with administrative-law guarantees of proper judicial proceedings, good-faith conduct of participants in the process and real enforcement of judicial acts [4].