Abstract

The article discusses the duties of court bailiffs with respect to documenting enforcement actions under enforcement proceedings after the significant changes in this regard were introduced on 1 January 2019 by the Act on court bailiffs of 22 March 2018. These obligations include the preparation of a record (Art. 809 of the Code of Civil Procedure), and may also include the need to record the course of the action by means of an audio and video recording device (Art. 809¹ of the CCP). The text is meant to discuss in detail the above methods of documentation of enforcement actions of court bailiffs, with particular emphasis on the purpose of the regulation (the function of documentation duties) and the relationship between the documentation duty with the relevant principles of enforcement proceedings, including those having the status of fundamental procedural principles. The article also attempts to resolve a number of interpretative problems arising in connection with the provisions that encapsulate the documentation duties of court bailiffs. In addition to those considerations, in a separate section some comments are also devoted to the issue of private recording of the course of enforcement actions of court bailiffs by the parties or other participants in these actions.