Some problems of the practice of applying the application for the assistance of the obligator

The paper considers some problems of debtor’s property recovery. In particular, the issues of initiating the act of selling a property to repay debts or a typical situation — when the debtor has only a single home, although it is quite expensive. The author came to the conclusion that when levying foreclosure on the property of the debtor, if the creditor has proved his right to this property, then all other processes, in this case, should proceed automatically and the remaining rights cannot be recognized as property and require the payment of state duty for their implementation. This is due to the fact that as a result of them the creditor does not receive any additional property or rights, but simply tries to execute the judgment. Also important is the question that the legislation when applying for recovery of single housing does not specify how and in what order the bailiff will consider the issue of the possibility of allocating a share in the ownership of the apartment, which leads to non-fulfilment of the legal rights of the lender.