3. The ‘Klauselverfahren’ and the Principle of Formalization of Execution
The issuing of the enforceable copy (Klauselverfahren) links the adjudication
proceedings conducted by judges with the enforcement proceedings
undertaken by paralegals (Rechtspfleger, Gerichtsvollzieher). Its function is
derived from the organizational separation of courts and enforcement
organs. The issuing of the enforceable copy as a proceeding apart from
execution, subject to special remedies, is a necessary prerequisite to the
‘principle of formalization’ of enforcement proceedings. This principle
states that the enforcement organs are prohibited from checking the legality
of the title and that the creditor has a right to execution if he proves the
formal prerequisites of execution,50 consisting of an enforceable title
directed against the debtor, an enforceable copy of this title, and service of
the copy to the debtor.51
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To an Anglo-Saxon speaker, a direct translation of a Russian phrase does not help in understanding the underlying concept. принцип формализованности refers to following proper procedure, here in enforcement proceedings. In legislation, it would be due legislative process. Due process is a well-understood English legal concept dating to the Magna Carta.

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What Is Due Process? Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.

In countries with developed legal systems, individuals expect that the rights enshrined in their constitutions will be applied to them fairly. This expectation of due process outlines the relationship individuals expect to have with their local, state, and federal governments—specifically, that the rights of the individual will not be violated.


https://www.investopedia.com/terms/d/due-process.asp#:~:text...


Procedural Due Process

“Procedural due process” concerns the procedures that the government must follow before it deprives an individual of life, liberty, or property. The key questions are: What procedures satisfy due process? And what constitutes “life, liberty, or property”?
https://constitutioncenter.org/interactive-constitution/inte...

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Принцип формализованности – строгое соблюдение правотворческих процедур при его принятии и введении в действие
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