The execution of judicial acts on the recovery of the budgets of the budget system of the Russian Federation. Failure to fulfill judicial acts to recover from the treasury. II. The procedure for the action of bailiffs in the execution of acts of judicial authorities,

1. The executive document providing for the appeal against the federal budget for monetary obligations of the federal state institution - the debtor, is directed by the court at the request of the recoverer or the charter itself together with the documents specified in paragraph 2 of Article 242.1 of this Code, to the authority Federal Treasury At the opening site, the debtor as a recipient of the federal budget of the personal account for accounting for the operations of the federal budget expenditures (hereinafter referred to as the personal accounts of the debtor).

2. The federal treasury body no later than five working days after receipt of the executive document directs the debtor notification of the enforcement document and the date of its admission to execution with the application of the copy judicial act And the statements of the recoverer.

In the presence of the grounds specified in paragraphs 3 and 4 of Article 242.1 of this Code, the federal treasury body returns executive documents with all applications that received applications to them without execution within five working days from the date of their receipt indicating the reasons for the return.

3. The debtor within 10 working days from the date of receipt of the notification submits to the federal treasury body information about the source of debt education and budget classification codes Russian FederationThrough which the federal budget should be made to execute the executive document in relation to the budget classification of the Russian Federation of the current fiscal year.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 08.05.2010 N 83-FZ)

To fulfill the executive document at the expense of the federal budget, the debtor simultaneously with the indicated information submitted a payment document to the federal treasury body for transferring funds in the amount of the full or partial execution of the executive document within the balance of financing of expenses reflected on its facial recipient of the federal budget funds, relevant codes of the budget classification of the Russian Federation.
(as amended by Federal Law of 26.04.2007 N 63-FZ)

Paragraphs Third - the fourth have lost its strength from January 1, 2011. - Federal Law of 08.05.2010 N 83-FZ.

In violation by the Debtor's requirements established by this clause, the federal treasury body suspends until the time to eliminate the violation of the implementation of operations on the expenditure of funds on all personal accounts of the debtor, including the facial accounts of its structural (separate) units opened in this organ Federal Treasury (with the exception of operations to execute executive documents), with the notification of the debtor and its structural (isolated) divisions.

4. If the execution of the executive document has a periodic nature, the debtor simultaneously with the documents specified in paragraph 3 of this article shall submit information about the date of the monthly payment under this executive document in the federal treasury authority.

At the same time, if in such executive document The debtor is the authority state power (public authority), which implements the budgetary powers of the main manager (manager) of the federal budget funds, it is entitled to entrust his execution by the federal state institution subordinate to him with the transfer of documents specified in paragraph 2 of this article to pay the executive document in accordance with this article and Recedn to him limits of budgetary obligations (budget allocations) and (or) the amount of cost financing, as well as simultaneously sending the appropriate notification to the authority of the federal treasury on behalf of the execution of the executive document by a federal provisional institution.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 08.05.2010 N 83-FZ)

In case of non-fulfillment by the federal state institution, the executive document transferred to him in accordance with the requirements established by this article, the federal treasury body suspends until the time to eliminate the violation of operations to spending funds on all its personal accounts, including the facial accounts of its structural (separate) units, open in This bodily of the Federal Treasury (with the exception of operations to execute executive documents), with the notification of this federal state institution and the relevant state authority ( state Body), carrying out the budgetary powers of the main manager (manager) of the federal budget funds.
(as amended by federal laws of 26.04.2007 N 63-FZ, from 02.11.2007 N 247-FZ, from 08.05.2010 N 83-FZ)

5. In the absence or insufficiency of the relevant limits of budgetary obligations (budget allocations) and (or) the volume of cost financing for the full execution of the executive document, the debtor sends the state authority (state body) that exercises the budgetary powers of the main manager (manager) of the federal budget funds, Which is located, a request-requirement of the need to allocate additional limits of budgetary obligations (budget allocations) and (or) amounts of financing of expenses in order to execute the executive document, indicating the date of its receipt to the federal treasury body.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 08.05.2010 N 83-FZ)

6. The state authority (state body), which implements the budgetary powers of the main manager (manager) of the federal budget funds, within a three-month period from the date of receipt of the executive document to the federal treasury body ensures the allocation of budgetary liabilities (budget allocations) and (or) the amount of cost financing In accordance with the request-requirement.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 08.05.2010 N 83-FZ)

7. The debtor is obliged to submit a payment document to the federal treasury body for transfer of funds in the prescribed manner for full or partial execution of the executive document no later than the next working day after the day of receipt of the budget liabilities in the prescribed manner (budget allocations) and (or) the amount of financing The corresponding codes of the budget classification of the Russian Federation in accordance with paragraph the first paragraph 3 of this article.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 08.05.2010 N 83-FZ)

In case of failure to fulfill the claims established by this clause, the federal treasury body suspends until the time to eliminate violations, the implementation of operations on the expenditure of funds on all personal accounts of the debtor, including the facial accounts of its structural (isolated) units, open in this body of the Federal Treasury (with the exception of operations on execution executive documents), with the notification of the debtor and its structural (isolated) divisions.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 02.11.2007 N 247-FZ)

8. In default, within three months from the date of receipt of the executive document into the federal treasury body, as well as in violation of the debtor of the payments specified by him in accordance with paragraph 4 of this article, on the executive document providing for a periodic payment, the federal treasury body suspended The moment of eliminating violations the implementation of operations on the expenditure of funds on all personal accounts of the debtor, including the facial accounts of its structural (isolated) units opened in this body of the Federal Treasury (with the exception of executive documents) with the notification of the debtor and its structural (isolated) divisions.
(as amended by federal laws from 26.04.2007 N 63-FZ, from 02.11.2007 N 247-FZ)

Operations on the personal accounts of the debtor are not suspended upon presentation of the document to the federal treasury body confirming the execution of the Executive document, a delay document, on installments or on postponing the execution of judicial acts or a document that cancels or suspending the execution of a judicial act, on the basis of which an executive document issued.
(as amended by Federal Law of 02.11.2007 N 247-FZ)

If the Debtor is not fulfilling the executive document within three months from the date of its receipt to the federal treasury body, the specified body informs this provider for 10 days about this.

9. Upon admission to the authority of the Federal Treasury, the declaration of the recoverer to revoke the executive document, the specified body returns to the recoverer in a fully or partially unforced executive document, indicating the reasons for its non-execution in the accompanying letter.

In case of partial execution by the Debtor of the Executive Document specified document Returns to the recoverer with a mark of the amount of the amount listed.

Upon receipt of the declaration of the recoverer to revoke the executive document into the body of the Federal Treasury during the suspension of operations on the expenditure of funds on the personal accounts of the debtor (with the exception of executive documents), the specified body notifies the debtor on the abolition of the suspension of operations on the personal accounts of the debtor, and the executive document returns to the recoverer In order determined by paragraphs the first and second of this paragraph.
(paragraph introduced by Federal Law of 26.04.2007 N 63-FZ)

10. In case of satisfaction with the court statement by the Statement of the Declare on the recovery of funds from the state authority (state body), which implements the budgetary powers of the main manager (manager) of the federal budget funds, in order subsidiary responsibility Based on a fully or partially unfulfilled executive document on monetary obligations, the executive document on the recovery of funds from the state authority (state body), which implements the budget powers of the main manager (manager) of the federal budget funds, is sent to the federal treasury authority At the place of opening, the main manager of the federal budget of the personal account as a recipient of the federal budget for execution in the manner prescribed by this Code.
(as amended by Federal Law of 08.05.2010 N 83-FZ)

11. The federal treasury body with full execution of the executive document sends an executive document with a mark of the amount of the amount listed in the court, which issued this document.

12. The federal treasury body is recorded and carries out storage of executive documents and other documents related to their execution, in the manner prescribed by the Federal Treasury.

13. In case the accounts debtor are open in the institution Central Bank Of the Russian Federation or in a credit institution, execution of the executive document is made in accordance with the Federal Law "On executive work".
(as amended by Federal Law of 26.04.2007 N 63-FZ)

The execution of judicial acts to recover funds for budgets of the budget system of the Russian Federation is carried out in accordance with this Code on the basis of the executive documents (executive list, judicial order) indicating the amounts to be recovered in the currency of the Russian Federation, as well as in accordance with the established legislation of the Russian Federation The requirements for the executive documents, the timing of executive documents, the interruption of the deadline for the presentation of executive documents, restoring the missed deadline for the presentation of executive documents.

The executive document (with the exception of a court order) sent to the court at the request of the recoverer or the recoverer himself should be attached a copy of the judicial act, on the basis of which it was issued, as well as a statement of a recoverer, indicating the details of the bank account of the recoverer (the details of the bank account of the recoverer at The presentation of the executive document in the manner established by Article 242.2 of the Right Code), to which the funds to be recovered should be listed.

The application is signed by a charter or its representative with an attachment of a power of attorney or a notarized copy of the power of attorney or other document certifying the powers of the representative.

Duplicate executive Sheet Heads for execution along with a copy of the court's definition about its extradition.

The executive document issued on the basis of a judicial act on awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time, is sent to the court regardless of the request of the recoverer. A copy of the judicial act should be attached to such an executive document, on the basis of which it is issued.

The basis for returning the recoverer of documents received for execution is:

failure to submit any document specified in paragraph 2 of this article;

the provision of documents specified in paragraphs 1 and 2 of this article, to the federal treasury body (financial body of the subject of the Russian Federation, the financial body of the municipality), in which the personal account of the debtor is not opened;

violation of the statutory document established by the legislation of the Russian Federation;

representation of the recoverer of the application to revoke the executive document.

3.1. The basis for returning to the court executive documents received for execution is:

submission by the court of a statement (or judicial act) to revoke the executive document;

presentation by the debtor, or a recoverer, or by the court of a document that cancels the judicial act to be executed;

the inability to return documents received for execution, the recoverer.

In case of return to the court of executive documents on the second and third paragraphs of this paragraph, a notification is sent to the reinforcement with the application with the application of all documents received from it.

3.2. The grounds for returning to the recoverer or the court of documents received for execution are the impossibility of transferring funds for the details of the bank account specified by the recoverer and (or) by the court in the executive document, and the absence within 30 days from the date of the direction of the recovery or to the court of notification of clarification details of the bank account of the recoverer.

4. The return of the executive document to the recoverer is not an obstacle to the new presentation of the specified document for execution within the period calculated in accordance with the legislation of the Russian Federation.

5. The action (inaction) of organs performing judicial acts in the manner defined by this chapter, or the refusal to commit such actions can be appealed to the recoverer in accordance with the legislation of the Russian Federation.

To fulfill judicial acts on claims to the Russian Federation on compensation for harm caused by illegal actions (inaction) of state bodies of the Russian Federation or their officials, including as a result of publication by state bodies of the Russian Federation, acts that do not meet the law or other regulatory legal Act, as well as judicial acts on other claims for the recovery of funds from the treasury of the Russian Federation (with the exception of judicial acts on the recovery of funds in the procedure of subsidiary responsibility of the main managers of funds of the federal budget), judicial acts on the award of compensation for violating the right to legal proceedings within a reasonable time Or rights to fulfill the judicial act within a reasonable time due to the funds of the federal budget, the documents specified in paragraph 2 of Article 242.1 of this Code, are sent to the Ministry of Finance of the Russian Federation. The chief manager of the federal budget funds, which, in court, the interests of the Russian Federation in accordance with paragraph 3 of Article 158 of this Code, is obliged to send information on the results of consideration of the case in court within 10 days after making (adoption) of a judicial act in final form .

When satisfying the court of claim or other requirements imposed on the Russian Federation and satisfied at the expense of the treasury of the Russian Federation, the chief manager of the federal budget funds, which presented the interests of the Russian Federation in court, also informs the Ministry of Finance of the Russian Federation on the availability of grounds for appealing the judicial act.

If there is grounds for appealing the judicial act, the chief manager of the federal budget funds is obliged to provide information on the results of appeal no later than one month from the date of the judicial act in the Ministry of Finance of the Russian Federation legal force.

To fulfill judicial acts on claims to the subjects of the Russian Federation on the compensation of harm caused by illegal actions (inaction) of state bodies of the constituent entities of the Russian Federation or their officials, including as a result of the publication by state bodies of the constituent entities of acts of acts that do not meet the law or other regulatory legal legal Act, as well as judicial acts on other clashes on the recovery of funds at the expense of the treasury of the constituent entity of the Russian Federation (with the exception of judicial acts on the recovery of funds in the procedure of subsidiary responsibility of the main managers of the budget of the subject of the Russian Federation), judicial acts on awarding compensation for violation of the right For the execution of a judicial act within a reasonable time due to the budget of the constituent entity of the Russian Federation, the documents specified in paragraph 2 of Article 242.1 of this Code are sent for execution to the financial body of the subject of the Russian Federation.

The main manager of the budget of the constituent entity of the Russian Federation, which, in court, the interests of the subject of the Russian Federation in accordance with paragraph 3 of Article 158 of this Code, is obliged to send information on the results of the consideration of the case in court within 10 days after making (adoption) of the judicial Act in final form.

When satisfying the court of claims or other requirements imposed on the subject of the Russian Federation and satisfied at the expense of the Casna of the Russian Federation, the chief manager of the budget funds of the subject of the Russian Federation, which represented the interests of the subject of the Russian Federation in court, also informs the financial body of the constituent entity of the Russian Federation on the availability of grounds for appeal judicial act.

If there is grounds for appealing the judicial act, the chief manager of the budget funds of the constituent entity of the Russian Federation is obliged to provide information on the results of appeal no later than one month from the date of the judicial act into legal force.

To fulfill judicial acts on claims for municipalities on compensation for harm caused by illegal actions (inaction) of organs local governments or their officials, including as a result of the publication by local government agencies of municipal legal acts that do not meet the law or other regulatory legal act, as well as judicial acts on other clashes on the recovery of funds at the expense of the treasury of the municipality (with the exception of judicial acts on recovery of funds in the procedure of subsidiary responsibility of the main managers of funds local budget), judicial acts on awarding compensation for violation of the right to fulfill the judicial act within a reasonable time due to the local budget funds, the documents specified in paragraph 2 of Article 242.1 of this Code are sent to the financial body of the municipality.

The chief manager of the budget of the municipality, which represented the interests of the municipality in accordance with paragraph 3 of Article 158 of this Code, is obliged to send information on the results of the consideration of the case in court within 10 days after making a judicial act in the final form.

When satisfaction with the court of claim or other requirements imposed on municipal education and satisfied at the expense of the municipal treasury, the chief manager of the budget funds of the municipal entity, which represented the interests of the municipality in court, also informs the financial body of the municipality on the availability of grounds for appealing the judicial act.

If there are grounds for appealing the judicial act, the chief manager of the funds of the budget of the municipality must provide information on the results of appeal no later than one month from the date of the entry into force of the judicial act.

5. The execution of judicial acts is carried out at the expense of allocations provided for by these goals by law (decision) on the budget. In the performance of judicial acts in volumes exceeding allocations approved by law (decision) on the budget for these purposes, appropriate changes are made to the consolidated budget painting.

6. The execution of judicial acts is made within three months from the date of the receipt of executive documents for execution.

The execution of judicial acts can be suspended in accordance with the legislation of the Russian Federation.

7. Organs that are executing judicial acts (Ministry of Finance of the Russian Federation, financial authorities of the constituent entities of the Russian Federation, financial bodies municipalities) are recorded and carry out storage of executive documents and other documents related to their execution.

Fulfillment of the tax authority to recover tax, collection, penalties and fines, providing for the appeal to the funds of budgets of the budget system of the Russian Federation

1. The decision of the tax authority on the recovery of tax, collecting, penalties and fines, providing for the appeal to the funds of budgets of the budget system of the Russian Federation (hereinafter referred to as the decision of the tax authority), is sent by the tax authority to the body exercising and maintaining facial accounts of a state institution (hereinafter - Debtor), at the place of opening the debtor as a recipient of funds of the relevant budget of personal accounts for accounting for operations on the expenditure of the relevant budget.

2. The body that performs the discovery and maintenance of personal accounts of the debtor, no later than five working days after the day of obtaining the decision of the tax authority sends the debtor notice to enter the tax authority and the date of its admission to execution with the application of a copy of the tax authority.

3. The debtor within 10 working days from the date of receipt of the notification submits to the authority that performs the opening and maintenance of personal accounts, information on the source of debt education and the codes of the budget classification of the Russian Federation, on which the costs of the relevant budget should be made to execute the decision of the tax authority in relation to to the budget classification of the Russian Federation of the current fiscal year.

To execute the decision of the tax authority at the expense of the relevant budget, the debtor simultaneously with the information specified in the present paragraph of this paragraph, submits to the authority exercising the opening and maintenance of personal accounts, a payment document for transferring funds in the amount of full or partial execution of the tax authority within the remainder The amount of financing of expenses reflected on its personal account of the recipient of the relevant budget funds, according to the relevant codes of the budget classification of the Russian Federation.

In case of failure to fulfill the requirements of the requirements established by this article, the authority that performs the opening and maintenance of personal accounts suspension until the time to eliminate the violation of operations to spend funds on the personal accounts of the debtor, including the personal accounts of its structural (isolated) divisions, open in this authority (except Operations on the execution of executive documents and the decisions of the tax authority), with the notification of the debtor and its structural (separate) divisions.

4. In the absence or insufficiency of relevant limits of budgetary obligations and (or) the volume of financing of expenses, for the full implementation of the tax authority, the debtor sends the state authority (state body), the local government body that exercises the budget authority of the main manager (manager) of the relevant budget, in The conduct of which it is located, the request-requirement of the need to allocate additional limits of budgetary obligations and (or) the amount of cost financing in order to fulfill the decisions of the tax authority, indicating the date of its receipt to the authority that performs the opening and maintenance of personal accounts.

5. State authority (state body), local government body, which implements the budgetary powers of the main manager (manager) of the relevant budget funds, within three months from the date of receipt of the tax authority's decision to the body that performs the opening and maintenance of personal accounts, ensures the allocation of budgetary liabilities and (or) amounts of financing costs in accordance with the request-requirement.

6. The debtor is obliged to submit to the authority that performs the opening and maintenance of personal accounts, a payment document on the transfer of funds in the prescribed manner for full or partial execution of the tax authority no later than the next working day after the day of receipt in the prescribed manner of budget liabilities in the prescribed manner and (or) Financing costs for the relevant codes of the budget classification of the Russian Federation in accordance with paragraph of paragraph 3 of this article.

In case of failure to fulfill the requirements of the requirements established by this clause, the body that performs the opening and maintenance of personal accounts suspends until the time to eliminate the violation of operations for the expenditure of funds on the personal accounts of the debtor, including the personal accounts of its structural (isolated) units opened in this authority (except Operations on the execution of executive documents and the decisions of the tax authority), with the notification of the debtor and its structural (separate) divisions.

7. In default, the debtor's decision of the tax authority within three months from the date of its receipt to the body that performs the opening and maintenance of personal accounts, this body suspends until the time to eliminate the violation of operations to spend funds on the personal accounts of the debtor, including the facial accounts of its structural (isolated ) units opened in this body (with the exception of operations on the execution of executive documents and the decisions of the tax authority), with the notification of the debtor and its structural (isolated) divisions.

Operations on personal accounts of the debtor are not suspended upon presentation by the debtor to the body that performs the opening and maintenance of personal accounts, a document confirming the execution of the tax authority, a delay document or installment payment of tax, collection, penalties and fines. Upon presentation of the document on the deferment or installment, the suspension of operations on the personal accounts of the debtor is not produced during the period of the delay, installments of tax, collection, penalties and penalties.

If the debtor is not fulfilling the tax authority, within three months from the date of its receipt to the body, which performs the opening and maintenance of personal accounts, this body will inform about it within 10 working days tax authority.

8. The body that performs the opening and maintenance of personal accounts, in the fulfillment of the tax authority in full, notifies the tax authority about it.

Currently, the executive proceedings on the recovery of funds with budgetary institutions, is on special control in FSSP Russia.

Specified guidelines Determine the procedure for the actions of the bailiffs of executors when entering the execution of executive documents of judicial bodies, providing for the appeal of recovery on the claims for the execution of the Russian Federation, the subject of the Russian Federation and municipalities, as well as the recovery of funds from budgetary institutions of all levels.

1. The procedure for the actions of bailiffs of executors in the execution of acts of judicial authorities, providing for the appeal of recovery on claims to the execution of the Russian Federation on monetary obligations of the Russian Federation, the constituent entities of the Russian Federation and municipalities

Article 242.2 of the Budget Code of the Russian Federation places the execution of judicial acts on the claims to the Russian Federation, the subjects of the Russian Federation, the municipalities on compensation for harm caused to a citizen or a legal entity as a result illegal actions (inaction) of state bodies, local governments or officials of these bodies, to the Ministry of Finance of the Russian Federation, the financial authority of the subject of the Russian Federation and the financial body of the municipal formation, respectively.

Part 2 of Article 1 of the Federal Law "On Enforcement Proceedings" provides that the conditions and procedure for the execution of judicial acts on the transfer of citizens, the organizations of the relevant budget of the budget system of the Russian Federation are established budget legislation Russian Federation.

In the case of presentation of the executive document of this category directly into the structural division of the territorial body of the FSSP of Russia, the executive document without initiating the enforcement proceedings is returned to the recoverer with clarification of the order of execution, i.e. to the executive document (with the exception of a court order) sent to the court at the request of the recoverer or the charter himself, a copy of the judicial act, on the basis of which he issued, as well as a declare statement, indicating the bank account details of the bank account, should be applied properly certified by the court. which should be listed to the funds to be recovered.

The duplicate of the executive list is sent to execution along with a properly certified by the court a copy of the court's identification of his extradition.

The executive document issued on the basis of a judicial act on awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time, is sent to the court regardless of the request of the recoverer. To such an executive document should be applied properly certified copy of the judicial act, on the basis of which it is issued.

According to Article 242.2 of the Budget Code of the Russian Federation, the execution of a judicial act on the recovery of funds from the Russian Federation (the subject of the Russian Federation, the municipality) at the expense of the budget should be made by the Ministry of Finance of the Russian Federation (relevant financial authority) within three months from the date of receipt to the appropriate The executive list organ for execution, in the event of not the execution of a court decision within three months, the executive document may be presented with a recoverer for the enforcement of the bailiff.

IN this case bailiff Excited enforcement proceedings in accordance with Article 30 of the Federal Law "On Enforcement Proceedings".

In this case, the executive document must be attached the following documents:
- a statement on the direction of the executive document for compulsory execution;
- Documents confirming the failure to fulfill the judicial act by the Ministry of Finance of the Russian Federation (relevant financial authority), within the time limits defined by the budget legislation of the Russian Federation. The confirmation documents include marks on the adoption of the executive document and its return to the recoverer, made by the relevant financial authority, or the accompanying letters also have the corresponding marks. In case of failure to provide the recoverer of information confirming the non-performance by the Ministry of Finance of the Russian Federation (the relevant financial body) of the requirements of the executive document, the bailiff without initiating the enforcement proceedings returns this executive document to the recoverer with explanation of the requirements for the presentation of documents and the procedure for execution.

According to paragraph 4 of Article 69 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", the appeal to the debtor's property is carried out in the absence of cash, sufficient to meet the requirements of the recoverer.

By virtue of this norm, the bailiff has the right to implement the executive actions on arrest and the implementation of the property belonging to the public-legal education, not enshrined for the legal entities created by him on the principle of economic management or operational managementwhich may be recovery, only after establishing the impossibility of executing a court decision at the expense of the budget.

In accordance with paragraph 4 of Article 214 and paragraph 3 of Article 215 Civil Code Of the Russian Federation, the state treasury of the Russian Federation, the treasury of the subject of the Russian Federation and the KazNU of the Municipal Education make up the funds of the relevant budget and other state property, not enshrined state enterprises and institutions.

Accounting for the property of the constituent entity of the Russian Federation, which constitutes the treasury of the constituent entity of the Russian Federation, is carried out by the authority executive power This subject of the Russian Federation.

The accounting of the property of the municipal formation, which makes up the treasury of the municipal formation, is carried out by the local government body of this municipality.

To identify the property that makes up the treasury of the relevant public legal education, the bailiff drawn inquiry to territorial body Federal Agency By management state property, in the executive authority of the subject of the Russian Federation, local government.

Further executive activities against the property of public legal education, including the arrest, assessment and sale of property that makes up the treasury of public legal education, are carried out in accordance with the procedure for the appeal of the debtor's property established by the Federal Law "On Enforcement Proceedings".

In practice, in the execution of judicial acts, a number of difficulties arise about the recovery of the budget of the constituent entity of the Russian Federation. Thus, when a decision is made to recover from the financial body, the courts do not always indicate the operative part of the decision that the penalty is carried out at the expense of the treasury. For example, the courts of the Altai Territory thus make decisions to recover in favor of guardians of funds for the maintenance of children under guardianship (guardianship). In the operative part of such decisions it is indicated: "To recover from the Committee of the Administration of the Altai Territory for Finance, Tax and Credit Policy". Such executive sheets are sent by ships or recovers in UFK. With such a wording, solutions it turns out that the amounts are accumulated from the Committee as a budgetary institution. However, their execution in the manner prescribed by Art. 242.4 of the Budget Code of the Russian Federation, it is impossible, since in the estimate of the Committee, funds for the payment of guardian benefits are not laid. Funds for these goals are taken into account in the amount of subventions to the urban districts and municipal regions the edges.

To solve this problem, it is necessary to contact the appropriate courts with applications for clarifying decisions. In order to avoid such cases, in the future, when considering cases in the courts, it is necessary to pay attention to the judges to ensure that it is necessary to indicate that its funds should be carried out.

2. The procedure for the actions of bailiffs of executors when entering the laws of judicial authorities on the recovery of funds from budgetary institutions of all levels

Executive Sheets for the recovery of funds from budgetary institutions of all levels are subject to reception and execution structural divisions territorial bodies of the FSSP of Russia.

Under such circumstances, after the initiation of enforcement proceedings, the bailiff sends a request to the tax authority on the form of an organizational and legal form of the institution and the availability of accounts in the debtor of the Bank of Russia or in credit institutions. When establishing accounts in the Bank of Russia institutions or in credit institutions, the bailiff checks the presence of cash on them.

Since in accordance with part 2 of Article 120 of the Civil Code of the Russian Federation, the institution is responsible for its obligations at its disposal of cash, in the absence of accounts in the Bank of Russia or credit institutions, as well as the absence (insufficiency) on them of funds, the executive documents are subject to Return to collectors on the basis of subparagraph 4 of paragraph 1 of Article 46 of the Federal Law "On Enforcement Procedure", the executive proceedings - the end in accordance with sub-clause 3 of paragraph 1 of Article 47 of this law.

If the debtor in his organizational and legal form is an autonomous institution, the bailiff in order to establish property addresses the territorial body of the Federal Agency for State Property Management, to the executive authority of the constituent entity of the Russian Federation, local government.

Further actuators for established property autonomous Institution, Including its arrest, assessment and implementation are carried out in accordance with the procedure for the appeal of the recovery on the property of the debtor, established by the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings".

Titov Yu., Associate Professor of the Department of Criminal Legal Disciplines of the Moscow Academy of Economics and Law.

According to Art. Art. 15, 18, 46, 118 of the Constitution of the Russian Federation and adopted in its development of Art. 6 FKZ "About judicial system Of the Russian Federation, " court decisions (Decisions in the case of an administrative offense) are mandatory for all without exception bodies of state authorities, local governments, public associations, officials, other individuals and legal entities and are subject to strict performance throughout the Russian Federation.

Article 315 of the Criminal Code of the Russian Federation "The non-execution of the court sentence, the decision of the court or other judicial act" establishes the responsibility of the representative of the authorities, the civil servant serving the local government body, as well as serving state or municipal Institutions, a commercial or other organization for malicious failure to fulfill the court sentence, the court or other judicial act, as well as the obstruction of their execution.

It seems that the concept of "malicious failure to fulfill the judicial act" is evaluated, i.e. The inquiry authorities, the prosecutor's office and the court, making a conclusion about the presence or absence of this sign of the composition of the crime, are more relying on the current practice, and not to directly indicate the criminal law and to some extent to their own discretion, choosing between several variants of their actions.

Military College Supreme Court RF in the definition of March 31, 1998 indicated that the basis for attracting criminal responsibility under art. 315 of the Criminal Code is not any, but only malicious failure to decide. At the same time, the court considered sufficient circumstance to disclose the sign of such a sense of the debtor, the failure to fulfill the warning of the court issued in the form of a definition if it entered into legal force<1>.

<1> Bulletin of the Supreme Court of the Russian Federation. 1999. N 5.

Specificity objective side The composition of this crime, as well as other crimes against justice, was reflected in the definition of properties subjective Partycrimes due to the fact that to have a negative impact on the development of criminal procedural and related relations arising during the execution of a judicial act, not any person, since for the subject of the crime, provided for by Art. 315 of the Criminal Code are characterized by special signs.

The subjective side of the crime is characterized by direct intent. The face is aware that he does not fulfill the verdict, the court decision or another judicial act, and wishes it<2>.

<2> Naumov A.V. Practice of the application of the Criminal Code of the Russian Federation: Comment judicial practice and doctrinal interpretation // Ed. G.M. Reznika. M.: Volters Clever, 2005. P. 828.

The list of crime entities given in the disposition of Art. 315, much wider than, for example, in Art. 285 of the Criminal Code, and does not contain a complete description of the criteria that are needed in determining the crime entity provided for by Art. 315 of the Criminal Code of the Russian Federation.

In our opinion, that is why a certain collective image of the subject of this crime was formed in the scientific literature, based on the unified position of researchers, which is that the persons specified in Art. 315 of the Criminal Code, are subjects of a crime if the fulfillment of judicial acts is included in the circle of their official duties.

The society has developed that the execution of judicial acts is entrusted only to the bailiff service, which in accordance with Art. 5 FZ dated October 2, 2007 N 229-FZ "On Enforcement Proceedings" is the only body of the enforcement of judicial acts and acts of other bodies.

Together with this, in part 1 of Art. 7 states that in cases provided for federal lawThe requirements of judicial acts and acts of other bodies can be fulfilled by other bodies, organizations, officials and citizens.

The legal status of the enforcement authorities is governed by the legislation on enforcement proceedings, while legal status Subjects that acting the requirements of judicial acts are governed by industry federal legislation imposing on them the relevant functions, therefore the procedure for executing judicial acts by these bodies is significantly different from the procedure forced execution.

for exampleThe conditions and procedure for the execution of judicial acts on the transfer of citizens, the funds of the relevant budget of the budget system of the Russian Federation are established by budget legislation (Part 2 of Art. 1 FZ "On Enforcement Proceedings").

From January 1, 2006, there is an order of execution of judicial acts to recover funds for the funds of the budget system of the Russian Federation, which entered into force on December 27, 2005 N 197-FZ "On Amendments to the Budget Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation and the Federal Law "On Enforcement Proceedings".

The branches that acting the judicial acts are: the Ministry of Finance of the Russian Federation, the financial authorities of the subjects of the Federation, the financial bodies of municipalities.

According to paragraph 6 of Art. 242.2, p. 6 and 8 tbsp. 242.3 Budget Code of the Russian Federation The debt established by court decisions should be repaid within 3 months from the date of receipt of the executive documents to the federal treasury bodies.

However, in practice there are numerous problems associated with the execution of court decisions. Often, the reasons for this are subjective in nature, since the basis of their occurrence is the actions or inaction of officials. It was reflected in the budget message of the President of the Russian Federation Federal Assembly: "The problem of execution of court decisions on clauses for state authorities and local governments is not fully resolved. This violates the rights and legal interests citizens, is an unacceptable example of disrespect for judicial authority" <3>.

<3> Budget Message to the Federal Assembly "On Budget Policy in 2006" // The official website of the President of the Russian Federation www.kremlin.ru. 05/24/2005.

According to the statistics given by the newspaper "Vedomosti"<4>, in 2006, the executive officers received executive lists by 10.8 billion rubles, 5.8 billion were paid in the first quarter of 2007. The claims were received by 2.1 billion rubles, only 0.8 billion was paid . The most significant numbers at the Ministry of Internal Affairs: in 2005 it caused damage to 2.2 billion rubles, and in 2006 - by 2.4 billion rubles.

In the same newspaper dated March 26, 2008, the statistics of the European Court of Human Rights are presented, according to which 46% of court decisions are not fulfilled in the state of recovery from the state<5>.

<5> Leninsky as Strasbourg // Vedomosti. N 54 (2076).

Having established detailed rules for execution of court decisions, the legislator seemed to simultaneously also provided responsibility for their violation. According to Art. 283 of the Budget Code, late or incomplete execution of a judicial act, providing for the appeal of the recovery of the budget of the budget system of Russia, as well as non-compliance with the main manager of the federal budget of the Directimation of the Directimation of the Court's Ministry of Finance, information on the results of consideration of the case in court is the basis for the responsibility of the guilty officials.

Taking into account Art. Art. 281 and 282 of the Budget Code of the Russian Federation, the indicated rate sent down, since its use is possible in relationship with legislation on administrative offenses and criminal legislation, since, according to, for example, A. Borisov, sufficient grounds for recognizing the existence of violations of budget legislation of the Russian Federation as an independent type of offenses<6>. In most part, the budget code refers to non-existent standards of law<7>.

<6> Borisov A.N. Comments on the Budget Code of the Russian Federation. 2nd ed., Pererab. and add. M.: JSC "Justicinform", 2008.
<7> See, for example: Butenko A.V. On the question of the essence of offenses in the field of budget legislation // Financial right. 2007. N 12.

At the same time, considering the current model of execution of judicial acts addressed to the state execution (RESOLUTION of July 14, 2005 N 8-P), the Constitutional Court of the Russian Federation noted that constitutional principle legal state He implies the duty to the Russian Federation to recognize, observe and protect the rights and freedoms of a person and a citizen as a higher value, which involves the establishment of such a law enforcement, which should guarantee everyone state defense His rights and freedoms (part 1 of article 1; Art. Art. 2, 17 and 18; Part 1 of Art. 45 of the Constitution of the Russian Federation). Justice as the most important element of this law enforcement is in its essence, if it provides a fair decision of the case and effective recovery in rights.

Further, the Constitutional Court of the Russian Federation was based on legal position The European Court of Human Rights Formulated in the Resolution of December 9, 1994 in the case of Stren Grek Rifayneriz and Strank Refineries and Stratis AndReadis V. Greece). European Court noted that legislative regulationcontrary to the overall principle "no one can be a judge in own business"turned into legal proceedings explicit inequality of power and law.

Based on the above-mentioned precedent, the Constitutional Court concluded that, participating in civil society regulated relations arising from compensation for harm caused to individuals, the Russian Federation acts on an equal basis with other participants in these relations. Acting within the framework of discretionary powers in the field of legal regulation of the enforcement proceedings (p. "O" Art. 71 of the Constitution of the Russian Federation), the state nevertheless cannot use such legal regulationthat would lead to inequality public legal entities and individuals.

Thus, the state, guided by these constitutional provisions, may imply execute the requirements of judicial acts on various organs and the organization, based on the fact that, regardless of the elected option, the position of the charter in the field of enforcement proceedings should not deteriorate, despite the fact that the defendant is public power. In other words, the legislator must introduce the norm to the legal regulation of the norm aimed at preventing the situation in which the lack of funds from the state could prevent the fulfillment of the obligation.

So, according to Art. 1071 of the Civil Code of the Russian Federation, caused by the harmonization of the treasury of the Russian Federation, the treasury of the subject of the Federation or the treasury of the municipal formation. At the same time, the relevant financial authorities act on behalf of the treasury, if in accordance with paragraph 3 of Art. 125 GK This duty is not entrusted to another body, legal entity or citizen.

These norms civil law Received reflection in the FZ N 229-FZ "On Enforcement Proceedings". His art. 13 Determines as a debtor on executive documents on recovery from the Russian Federation, its subject or municipality authority authorized on their behalf to carry out rights and fulfill the obligations in the executive work.

Numerous publications attract special attention to the issue of the responsibility of the executive authorities and individual officials for the fulfillment of the constitutional obligations of the state.

Thus, the deputy A. Khinstein proposes to solve the problem of regular non-payment of compensation to the compensation for themselves by harm by imposing civil liability on a specific official who adopted the wrong decision<8>.

In contrast to this proposal, the Legislative Initiative of the Supreme Court of the Russian Federation provides for the introduction of rules that make it possible to require a damage to the state damaged by violation of the right to legal proceedings in reasonable deadlines, as well as the right to be performed within a reasonable time for the judicial act that has entered into legal force. In the event of the adoption of the relevant law, citizens and legal entities as participants in the civil, arbitration or criminal proceedings will be entitled to the right of the treasury of the Russian Federation of compensation for non-fulfillment of the court decision. And representing in court the interests of Russia, the Ministry of Finance of the Russian Federation must prove the lack of violations by state bodies carrying out the execution of judicial acts on the transfer of citizens, the funds of the relevant budget of the budget system of the Russian Federation<9>.

Nevertheless, the existing regulatory legal base It can still be applied to bring to criminalize the participants of the budget process responsible for the execution of judicial acts providing for the appeal of the recovery on the budget of the budget system of Russia.

Depending on their budget authority specified Subjects To varying degrees, it is responsible for the execution of court decisions and are responsible provided for by the legislation of the Russian Federation as participants in the budget process, including officials who carry out those or other powers from their behalf.

Their legal personality is determined constitutional standards, budget legislation, competence in public-legal relationships and is derived from procedural and civil legal personality.

At the same time, in this situation, under an official should be understood as a special subject of the crime provided for by Art. 315 of the Criminal Code, i.e. The representative of the authorities, a civil servant serving a local government authority, as well as an employee of the state or municipal institutions participating in the budget process and endowed with managerial and / or administrative functions.

Unlike the FZ "On Enforcement Proceedings", the Budget Code does not disclose the concepts similar to the concept of the parties to the enforcement proceedings (the Decor and the Debtor). At the same time ch. 24.1 of the Budget Code of the Russian Federation, which determines the procedure for the execution of judicial acts to discerning the funds of budgets of the budget system of the Russian Federation, includes the recoverer and debtor as part of the participants in the budget process and gives them defined rights and responsibilities. Therefore, it is clear to say that in the Budget Code of the Russian Federation, the definition of the recoverer and the debtor, presented in the FZ "On Enforcement proceedings", taking into account the peculiarities of budget legislation.

Under such conditions, the recoverer based on Part 2 of Art. 46 of the Constitution of the Russian Federation, Art. 11 of the Civil Code of the Russian Federation, paragraph 5 of Art. 242.1 of the Budget Code is entitled to appeal against the action (inaction) of bodies that acting judicial acts on the recovery of the budgets of the budget system of the Russian Federation.

The procedure for the implementation of the citizen's right to file a complaint to court is determined by law of April 27, 1993 N 4866-1 "On appealing to the court of action and decisions that violate the rights and freedoms of citizens", in accordance with which citizens can appeal to court general jurisdiction Any actions (solutions) of state bodies, local governments, institutions, enterprises and their associations, public associations or officials, civil servants, except for action (decisions), the verification of the legislation to exceptional competence Constitutional Court RF or in respect of which other order of judicial appeal is provided.

Consideration of an application for challenging the decision, actions (inaction) of the state authority, local government, officer, the state or municipal employee is made in the manner set out in Ch. 25 GPC, taking into account the characteristics established by law "on appealing to the court of action and decisions that violate the rights and freedoms of citizens."

Realizing its procedural rights, the recoverer (plaintiff) has the right on the basis of Art. Art. 35, 166 and 226 of the Civil Procedure to declare a petition to make a private definition for officials of bodies who are executing judicial acts to recover the funds of the budget system of the Russian Federation, which are obliged to report the court within a month. In addition, the Court has the right to expose the guilty official in case of inconsistency on the measures taken on the private definition of the court.

In this case, the private definition of the court may well have equivalent power with a warning of criminal liability under Art. 315 of the Criminal Code, the submitted bailiff in the case when the execution of the judicial act is assigned to the representative of the authorities, a civil servant, a municipal employee, as well as an employee of a state or municipal institution, a commercial or other organization (paragraph 18 of Art. 30 FZ "on the executional production ").

Along with this, you can use the presentation of the prosecutor to eliminate violations of the law.

In the presence of a private definition of a court and other evidence confirming in the actions of officials who do not execute a court decision, the presence of a sign of maliciousness, there are grounds for bringing them to criminal liability under Art. 315 CC. And in this regard, the statement of the recoverer of the crime will have chances to become a reason for initiating a criminal case.

The fact that there are legal prerequisites that make it possible to attract officials who are not executing judicial acts to recover from the budgets of the budget system of the Russian Federation, in November 2005 indicated the main bailiff of the Russian Federation: "To date, 86% of all complaints Russians for non-fulfillment of court decisions satisfied by the Strasbourg court concern lawsuits to the treasury and budgets of the subjects of the Federation. Powers are large enough - up to the initiation of criminal cases against officials who are maliciously not fulfilling court decisions "<10>.

The proposed procedure aimed at proper and timely execution of judicial acts, although it takes into account the specifics of the objective and subjective parties of the composition of the crime provided for by Art. 315 of the Criminal Code, has its drawbacks that can be eliminated only at the legislative level.

In legal literature notes that crimes against justice are characterized by an intentional form of guilt, and, as a rule, intent may be exclusively direct<11>. This approach applied to the composition under consideration only emphasizes the imperfection of the Criminal and Budget Codes of the Russian Federation.

<11> Rashkovskaya S.S. Recreation of crimes against justice from disciplinary misconduct // Socialist legality. 1976. N 12. P. 39.

The State Duma addressed the FZ project "On the introduction of a supplement in Art. 315 of the Criminal Code of the Russian Federation", which provides for the criminal liability of citizens for the malicious non-fulfillment of the court sentence, the court decision or other judicial act, as well as the prevention of their execution. The draft law was rejected based on the fact that the innovations offered to them provide for the possibility of criminal responsibility against persons who do not perform court decisions arising from civil law relations, and since in relation to this category of citizens there are other rules - the rules for the compulsory execution of judicial acts<12>.

<12> Decision State Duma FS RF of January 26, 2007 N 4136-4 GD "On the draft Federal Law No. 255217-4" On Amendments to Art. 315 of the Criminal Code of the Russian Federation "// SZ RF. 2007. N 6. Art. 715.

"Accountant and Law", 2008, N 11

In the life of any person, there may be such a moment when he will be forced to apply for the protection of his interests and the right to court. Say out your requirements in lawsuage And submit it to the court, and then win the process - it is still half. Any court decision must be fulfilled in a voluntary or compulsory.

Before the defendant, there are also a number of questions that make him think about how best and least losses to fulfill the decision of the court entered into legal force.

This article will talk about the procedure for the execution of judicial acts both in a voluntary and enforcement. Due to the fact that from February 1, 2008 entered into legal force new law on executive work<1>, law Enforcement Practice by this law It is not yet fully formed.

<1> See federal law of 02.10.2007 N 229-FZ "On Enforcement Proceedings".

Types of judicial acts, the procedure for entering into legal force

In valid russian legislation There is no clear definition of the judicial act. However, various sources procedural law Determine quite clearly, what acts of courts are judicial acts.

In accordance with the requirements of Art. 6 federal constitutional law from 12/31/1996 N 1-FKZ "On Judicial System of the Russian Federation" entered into legitimate strengths of federal courts, world judges and courts of constituent entities of the Russian Federation, as well as their legal orders, requirements, orders, challenges and other appeals are mandatory for all without The exceptions of state authorities, local governments, public associations, officials, other individuals and legal entities and are subject to strict performance throughout the Russian Federation.

In accordance with the requirements of Art. 13 civilians procedure Code The Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation) of the courts take judicial regulations in the form of judicial orders, court decisions, court definitions, presidency of the supervisory court.

In contrast to the requirements of the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation (hereinafter - the APC RF) in Art. 15 determines that the Arbitration Court takes judicial acts in the form of a decision, decree, definition.

Trial arbitration court The first instance in the consideration of the case is substantially referred to as the decision. Judicial acts taken by arbitration courts of the appellate and cassation instance According to the results of consideration of appeals and cassation complaints, as well as judicial acts adopted by the Presidium of the Supreme Arbitration Court of the Russian Federation, according to the results of the revision of judicial acts in the order of supervision, are referred to as decrees (paragraph 2 of Art. 15 of the APC RF).

All other judicial acts of arbitration courts adopted during the implementation of legal proceedings are referred to as definitions.

Thus, from the point of view of civil and arbitration proceedings to judicial acts There are only court decisions, judicial orders, definitions and decisions.

Consider the main points of entry into force of these judicial acts, as well as the order of their execution.

In accordance with paragraph 1 of Art. 209 Code of Civil Procedure of the Russian Federation The decision of the court of general jurisdiction enters into legal force after the expiration of the appeal and cassation appeal. According to the rules civilian proceedings The appeal may be filed within 10 days from the date of adoption by the global judge decision in final form, the cassation complaint is submitted on the same time as an appeal (Art. 329, 338 Code of Civil Procedure of the Russian Federation).

Unlike the provisions of civil proceedings in the APC of the Russian Federation, there is another requirement to entrust the court decision into legal force. In accordance with paragraph 1 of Art. 180 APC RF Decision of the Arbitration Court of the First Instance, with the exception of the decisions specified in Part 2 and 3 of Art. 180 APC RF, enters into force after the expiration of the monthly period from the date of its adoption, if the appeal is not filed. In case of filing appeal complaint The decision, if it is not canceled and not changed, enters into legal force from the date of adoption of the decision of the Arbitration Court appeals instance.

In addition to the appeal, participants arbitration process It is also entitled to file a cassation appeal. The deadlines for filing such a complaint are established in Art. 276 APC RF and make up two months from the date of entry into force of the contested decisions, decisions of the arbitral tribunal, i.e. procedural norms They give the right to appeal by court decisions, therefore decisions come into force not immediately.

Execution of judicial acts voluntarily

Immediate execution of judicial acts.

In accordance with the provisions of Art. 210 Code of Civil Procedure of the Russian Federation and Art. 182 APC RF court decisions of the courts of general jurisdiction and arbitration courts are subject to execution after entry into force, except in cases immediate execution solutions.

It is worth noting that the Code of Civil Procedure of the Russian Federation, and the APC of the Russian Federation contain lists of cases when court decisions are subject to immediate execution. So, in particular, in Art. 211 Code of Civil Procedure of the Russian Federation it is indicated that a judicial order or court decision is subject to immediate execution:

recovery of alimony;
pay employee wages during three months;
restoration at work;
inclusion of a citizen of the Russian Federation to the voter list, referendum participants.

In accordance with paragraph 2 of Art. 182 APC RF The decision of the Arbitration Court for the challenges of the abnormative acts of state authorities, local governments, other bodies, as well as decisions on decisions of decisions and actions (inaction) of these bodies are subject to immediate execution.

Nevertheless, the Russian Federation in his Information letter dated July 24, 2003 N 73 noted the following: if the actual purpose of the applicant is to recover (refund) from the budget of funds who are not paid as a result of an illegal (according to the applicant) of the inaction of a particular state body (official), this kind of interest is wearing property Regardless of whether he is protected by filing a claim for recovery (compensation) of the relevant funds or by presenting a claim for recognition illegal inaction specific state body (official). Therefore, if the applicant places the requirement to recognize the inaction of the state body (official), expressed in refusing to return (compensate, pay) from the budget of a certain amount of money, illegal and the title requirement is satisfied, such a court decision is provided by general rulefixed in part 1 tbsp. 182 APC RF, i.e. After entering it into force.

At the same time, in paragraph 3 of Art. 182 The APC of the Russian Federation states that the Arbitration Court on the claimant is entitled to pay a decision to immediate execution, if due to the special circumstances, the slowdown in its execution may lead to significant damage to the recoverer or make the execution impossible.

The immediate execution of the decision is allowed when providing a challenge of ensuring the execution of execution in case of cancellation of the court decision (counter support) by making money on the deposit account of the Arbitration Court in the amount of awarded amount or provision bank guarantee, guarantee or other financial support on the same amount (paragraph 3 of Art. 182 APC RF).

The following situation may be provided as an example of special circumstances: by decision of November 22, 2004, the amount of 100 thousand rubles was recovered from the defendant in favor of the plaintiff. The defendant is LLC - is in the process of liquidation, and on November 25, 2004 appointed the last meeting of the participants, on the agenda of which among others there is a question about the distribution among the participants remaining money from the sale of monetary amounts. If such a decision is adopted by the court, the plaintiff will not be able to fulfill it, because by the time the decision of the decision due to money and other property will not be, and the society itself can be excluded from the register of legal entities<2>.

<2>

In another case, the court satisfied the requirement for the recognition of actions to disconnect electricity illegal, since the defendant was absent legal grounds To stop filing the plaintiff of electricity, and also indicated that the decision is subject to immediate execution (see Decision of the Arbitration Court of the Moscow Region dated December 13, 2005 N A41-K1-21299 / 05).

According to the results of consideration of the issue of addressing the decision to immediate execution, the arbitration court makes a definition that can be appealed. The definition of addressing the decision to immediately execute is subject to immediate execution. Appeal of the definition does not suspend its execution.

In the Code of Civil Procedure of the Russian Federation (paragraph 2 of Art. 212), as well as in the APC RF, the question of the acceptance of the immediate execution of the court decision is permitted at the court hearing. Persons participating in the case are notified about time and place court sessionHowever, their non-appearance is not an obstacle to resolving the issue of the immediate execution of the court decision.

A private complaint may be filed for the definition of a court on the immediate execution of a court decision. The submission of a private complaint about the definition of the immediate execution of the court decision does not suspend the execution of this definition (paragraph 3 of Art. 212 Code of Civil Procedure of the Russian Federation).

Arbitration and civil procedural legislation are united that the decision may be drawn to immediate execution if the deceleration of execution may damage the applicant or to be impossible.

So, an application for an appeal to the immediate execution of the court decision on the recognition of invalid art. 56 and PP. 1 p. 3 Art. 62 of the Law Samara region "On the elections of deputies of the Samara provincial Duma" is satisfied legally, since the failure to comply with the specified decision can significantly affect the implementation and determination of the results of repeated elections (see the definition of the Armed Forces of the Russian Federation of 10.04.2003 N 46-G03-6).

The procedure for executing judicial acts within the framework of enforcement proceedings

For the compulsory execution of judicial acts, arbitration and civil procedural legislation provides for the procedure for issuing executive sheets. Consider the procedure of their issuance by the courts of general jurisdiction and arbitration courts.

In accordance with paragraph 1 of Art. 428 Code of Civil Procedure of the Russian Federation The Executive Sheet is issued by the court to the recoverer after the jurisdiction of the court order to force, except in cases of immediate execution, if the executive list is issued immediately after the adoption of a court ruling. The executive list is issued to the recoverer or at his request is sent by the court for execution.

In some cases, a judicial order is issued instead of the executive list (paragraph 2 of Art. 428 Code of Civil Procedure of the Russian Federation). In accordance with paragraph 1 of Art. 121 Code of Civil Procedure of the Russian Federation judicial order is an judicial orderSubmitted by the judge alone on the basis of a statement to recover monetary sums or about recovery movable property from the debtor according to the requirements provided for by Art. 122 Code of Civil Procedure of the Russian Federation, namely if:

the requirement is based on a notarized certificate;
the requirement is based on a transaction committed in simple writing;
the requirement is based on the perfect notary protest of bills in the non-payment, non-acceptance and incatching of acceptance;
the requirement for the recovery of alimony into minors, not related to the establishment of paternity, disputed paternity (motherhood) or the need to attract other interested parties;
announced the requirement for recovery from citizens arrears for taxes, fees and other obligatory payments;
the requirement to recover the accrued, but not paid wage employee;
applicated by the internal affairs authority Requirement for the recovery of expenses made in connection with the Rosance of the defendant, or the debtor, or a child selected from the debtor by the court decision.

In the case when the decision of the magistrate appeals on appeal, the question may arise, whom the executive list is issued. As a general rule, by virtue of paragraph 1 of Art. 428 Code of Civil Procedure The Executive Sheet is issued by the court, which, as a result of the consideration of the dispute, there was a substantial decision, which is the basis for issuing an actuator. Therefore, if the court of appeal instance changed the decision of the magistrate or a new decision was made, the executive list must be issued by the appellate court<3>.

<3> See the judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2005: An overview of the judicial practice of the Supreme Court of the Russian Federation of November 23, 2005 // Bulletin of the Supreme Court of the Russian Federation. 2006. N 3.

As in civil ProcedureThe arbitration procedural legislation points out that the compulsory execution of judicial acts is made on the basis of an executive list issued by the Arbitration Court (paragraph 2 of Article 318 of the APC RF).

Unlike Code of Civil Procedure of the Russian Federation, the APC RF contains a list of conditions that must contain an executive list (clause 1 of article 320 of the APC RF):

the name of the arbitral tribunal issued an executive list; the name and location of the foreign court, the arbitration court or international commercial arbitration, if the executive list is issued by an arbitration court on the basis of a decision of such a court;
the case in which the executive list is issued, and the case number;
date of adoption of a judicial act to be executed;
the name of the recoverer organization and the debtor-organization, their location; Surname, name, patronymic of a charter-citizen and debtor-citizen, their place of residence, date, place of birth; place of work of the debtor-citizen or date and place of its state registration as an individual entrepreneur;
the operative part of the judicial act;
the entry date of the judicial act into legal force or the requirement of its immediate execution;
date of issuing an actuator and the deadline for its execution.

At the same time, civil and arbitration procedural legislation found that the forms of executive sheets, the procedure for their manufacture, accounting, storage and destruction are approved by the Government of the Russian Federation<4>.

<4> See Decree of the Government of the Russian Federation of 31.07.2008 N 579 "On the form of executive sheets".

So, the compulsory execution of judicial acts is carried out on the basis of executive sheets issued by the courts of general jurisdiction and arbitration courts.

Unlike the RF APC and the Code of Civil Procedure of the Russian Federation, the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter - the law N 229-FZ) enshrines a broader list of executive documents.

In accordance with paragraph 1 of Art. 12 of the law N 229-ФЗ executive documents sent by the bailiff, are:

executive sheets issued by the courts of general jurisdiction and arbitration courts on the basis of the judicial acts themselves;
judicial orders;
notarized agreements on the payment of alimony or their notarized copies;
certificates issued by commissions labor disputes;
acts of bodies carrying out control functions on the recovery of funds with the application of documents containing banks or other credit organizations in which the estimated and other accounts of the debtor are open, on the full or partial non-fulfillment of the requirements of these bodies in connection with the lack of money in the accounts of the debtor's accounts, sufficient to meet these requirements;
judicial acts, acts of other bodies and officials on administrative offenses;
decisions of the bailiff;
acts of other bodies in the cases provided for by the Federal Law.

In accordance with paragraph 1 of Art. 30 of the law N 229-FZ The bailiff initiates enforcement proceedings on the basis of an executive document on the application of the recoverer. The statement is signed by a recoverer or its representative. The representative is obliged to attach a power of attorney or other document certifying its powers.

Paragraph 3 of Art. 30 of the Law N 229-FZ found that the executive document and application are submitted by the recoverer at the place of the execution and applies of compulsory measures. The place of execution and the use of compulsory measures is determined in accordance with the provisions of Art. 33 of the Law N 229-FZ:

at the location of the place of stay or location of the property of the debtor's citizen;
at the location of the debtor's organization either at the location of its property.

After determining the location of the debtor, the bailiff or continues enforcement proceedings or stops it (paragraph 5 of Art. 33 of the Law N 229-FZ).

It should be stopped at the time of presentation of executive documents for execution. These timelines are enshrined in Art. 21 of the Law N 229-FZ. As a general rule established by Art. 21 of the Law N 229-FZ, the executive documents are presented for three years from the day the judicial entry into force or the end of the period established for a delay or installment of its execution.

However, with respect to the executive lists issued on the basis of judicial acts of arbitration courts, under which the arbitration court restored a missing period for presenting an executive list to execution, it was established that such sheets are presented to execution within three months from the date of the court of definition of the missed deadline ( paragraph 2 of Art. 21 of the law N 229-FZ).

In accordance with paragraph 4 of Art. 21 of the law N 229-FZ Executive documents containing requirements for recovery of periodic payments can be presented for execution during the entire period on which payments are awarded, as well as for three years after the end of this term.

Certificates issued by labor dispute commissions may be presented for execution within three months from the date of their issuance (paragraph 5 of Art. 21 of the Law N 229-FZ).

The acts of the authorities carrying out control functions are executed in the prescribed manner, on the recovery of funds with the application of documents containing banks or other credit organizations in which the calculated and other accounts of the debtor are open, on the full or partial non-fulfillment of the requirements of these bodies due to the lack of on accounts Debtor of cash sufficient to meet these requirements may be presented for execution within six months from the date of their return by the Bank or another credit institution (clause 6 of Article 21 of the Law N 229-FZ).

Judicial acts, acts of other bodies and officials on administrative offenses may be presented for execution within one year from the date of their entry into force (paragraph 7 of Art. 21 of the Law N 229-FZ).

But enforcement proceedings can be initiated and without a recovery statement. In this case, the decision of the judicial bailiff on the recovery of the executive proceedings, the execution of the execution and fines imposed by the bailiff in the process of executing an executive document (paragraph 6 of Article 30, is the basis for the initiation of the enforcement proceedings. Law N 229-FZ).

The decision on initiation or refusal to initiate enforcement proceedings is made within three days from the date of receipt to the addition of the executive document.

Clause 11 of Art. 30 of the Law N 229-FZ found that if the executive document was received for the first time, then the decision on the initiation of enforcement proceedings establishes a period for the voluntary fulfillment of the claims contained in the executive document. This period cannot exceed five days from the date of receipt by the Decree on the initiation of enforcement proceedings.

Nevertheless, the bailiff does not establish a deadlines for voluntary fulfillment of requirements in cases provided for in paragraph 14 of Art. 30 of the Law N 229-FZ:

in accordance with Part 16 of Art. 30 of the Law N 229-FZ;
upon subsequent presentations of the executive document;
on restoration at work;
on administrative suspension of activities;
about confiscation of property;
according to the executive document on interim measures.

Article 31 of the Law of the Russian Federation N 229-FZ found that the executive attachment of the executive document within three days from the date of receipt of the executive document will decide on the refusal to initiate enforcement proceedings if:

the executive document was filed without a declaration of the recoverer or a statement not signed by a recoverer or its representative, except when executive proceedings are subject to excitement without a recoverer;
the executive document was submitted not at the place of executive actions, except for the case when the recoverer is not known, the executive proceeding should be initiated in which enforcement contract (clause 4 of Article 30 of the Law N 229-FZ);
expired and not restored by the court the deadline for presenting an executive document for execution;
the document is not executive or does not comply with the requirements for the executive documents established by Art. 13 of the Law N 229-FZ;
the executive document was previously brought to execution and the executive proceedings on it were discontinued either by the court on the grounds established by Art. 43, or in case of cancellation of the conviction in terms of the appointment of a fine in accordance with paragraph 14 of Art. 103 of the Law N 229-FZ;
the executive document was previously brought to execution and the executive proceedings on it were completed on the following grounds:

actual execution of the requirements contained in the executive document (PP. 1 of paragraph 1 of Art. 47 of the Law N 229-FZ);
actual execution due to one or several debtors Requirements for joint recovery contained in the executive documents combined into consolidated enforcement proceedings (PP. 2 of paragraph 1 of Art. 47 of the Law N 229-FZ);
fine B. full (PP. 1 of paragraph 15 of Art. 103 of the Law N 229-FZ);
replacement of the fine by another type of punishment or cancellation of punishment in the form of a fine in order of amnesty or pardon (PP. 2 of paragraph 15 of article 103 of the law N 229-FZ);
death Debtor-convicted or announcement by his deceased (paragraphs. 4 of paragraph 15 of Art. 103 of the Law N 229-FZ);

the judicial act, an act of another body or an official, who is an executive document or on the basis of which an executive document is issued, with the exception of executive documents subject to immediate execution;
the executive document in accordance with the legislation of the Russian Federation is not subject to execution Federal Service bailiffs.

Articles 39 and 40 of the Law of the N 229-FZ are established when the enforcement proceeds is suspended by the court or by the contractor. In paragraph 1 of Art. 39 of the law N 229-FZ states that the court has the right to suspend the executive production in whole or in part in cases:

presentation of a claim for exemption from superimposed arrest (exclusion from OTICI) property to which recovery on the executive document;
challenging the results of the assessment of the arrested property;
challenging the ruling bailiff for the recovery of the fulfillment of the fulfillment;
in other cases provided for by federal law.

Executive proceedings are subject to suspension by the bailiff fully or partially in cases (paragraph 1 of Art. 40 of the Law N 229-FZ):

the death of the debtor, the announcement of his deceased or recognition as missing, if the certificate established by the judicial act, the act of another body or an official of the requirement or obligations admire the succession;
loss by the debtor of legal capacity;
the participation of the debtor in hostilities as part of the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with the legislation of the Russian Federation, the fulfillment of the tasks in the emergency or military situation, armed conflict or the request of the recoverer in the same conditions;
reviews from the debtor - a credit institution license to carry out banking operations, with the exception of enforcement proceedings, which, in accordance with the Federal Law "On Banks and Banking Activities", is not suspended;
applications by the arbitration court regarding the debtor-organization of bankruptcy procedure in the manner prescribed by Art. 96 of the law N 229-FZ;
adoption by the court to consider the claim of the debtor about the deferment or installment of the recovery of the fulfillment of the execution, decrease its size or on exemption from the recovery of the fulfillment;
directions by the bailiff on the federal tax service or the Bank of Russia notice of imposing arrest on the property of the debtor-organization property specified in paragraph 4 of Part 1 of Art. 94 of the law N 229-FZ.

In practice, there may also be cases when the recovere seizes the desire to retire from the enforcement proceedings. As well as procedural legislation, the law N 229-FZ provides such an opportunity in order of succession.

In accordance with the provisions of Art. 52 of the Law N 229-FZ in the event of the disposal of one of the parties to the enforcement proceedings (the death of a citizen, the reorganization of the organization, the assignment of the right of claim, the transfer of the debt and the other) bailiff on the basis of a judicial act, the act of another body or an official replaces this part of the executive Production of its successor.

For the successor, all actions committed before its entry into enforcement proceedings are mandatory to the extent that they were mandatory for the part of the enforcement proceedings, which the successor replaced. Thus, the recoverer may convey its rights to another person (Resolution of the FAS of the Moscow District dated 14.04.2008 N kg-A40 / 1889-08).

Article 64 of the Law No. 229-FZ establishes a list of executive actions that the bailiff is entitled to commit as part of the fulfillment of the requirements specified in the executive documents:

cause the parties to the executive production (their representatives), other persons in cases stipulated by law Russian Federation;
request the necessary information individuals, organizations and bodies located in the territory of the Russian Federation, as well as in the territories foreign states, in the manner prescribed international Treaty Of the Russian Federation, receive explanations from them, information, references;
check, including verification financial documents, on executing executive documents;
give a physical legal entities instructions on the execution of the requirements contained in the executive documents;
enter non-residential premises and storage facilities engaged in the debtor or other persons or belonging to the debtor or other persons in order to enforce executive documents;
with permission in the written form of a senior bailiff (and in the case of executing an executive document on the establishment of a recoverer or eviction of the debtor - without the specified permission), without the consent of the debtor in the residential premises occupied by the debtor;
in order to ensure the execution of the executive document, put arrest on property, including cash and securities, withdraw specified property, transfer the arrested and seized property for storage;
in the order and limits that are established by this Federal Law, to evaluate property;
involve to evaluate the property of specialists that meet the requirements of the legislation of the Russian Federation on appraisal activities (hereinafter referred to as an appraiser);
make the search for the debtor, his property, the search for a child independently or with the involvement of the internal affairs bodies;
request from the parties to the executive production the necessary information;
consider statements and petitions of the parties to the executive proceedings and other persons participating in the executive production;
collect the fulfillmental fee and impose fines in the debtor and other persons in cases and the procedure that are established by this Federal Law;
apply state registration rights to property and transactions with it, for registration in the name of the debtor belonging to him in cases and the procedure established by this Federal Law;
establish temporary restrictions on the departure of the debtor from the Russian Federation;
to verify the correctness of the holding and transfer of funds on a judicial act, the act of another body or an official on the application of the recoverer or on its own initiative. When conducting such an audit, the organization or other person specified in Part 1 of Art. 9 of the Law of the N 229-FZ, are obliged to submit relevant accounting and other documents to the bailiff;
perform other actions necessary for timely, complete and correct execution of executive documents.

The measures of compulsory execution are the actions specified in the executive document or actions committed by the bailiff for the purpose of receiving the property from the debtor, including funds to be recovered by the executive document. Forced execution measures are applied by the bailiff after the initiation of enforcement proceedings and after the expiration of voluntary performance.

Measures of forced execution are (clause 3 of article 68 of the Law N 229-FZ):

addiction to the debtor's property, including cash and securities;
the appeal of recovery on the periodic payments received by the debtor due to labor, civil legal or social legal relations;
appeal for the debtor's property rights, including the right to receive payments for the enforcement proceedings, in which he acts as a recoverer, for the right to receive payments for hire, rent, as well as on exceptional rights to results intellectual activity and the means of individualization, the right requirements for alienation or use agreements exceptional rights on the result of intellectual activity and means of individualization, the right to use the result of intellectual activity or means of individualization belonging to the debtor as a licensee;
withdrawal from the debtor of property awarded to the recoverer;
the imposition of arrest on the property of the debtor, which is in the debtor or from third parties, pursuant to the judicial act on the arrest of property;
appeal to the registering authority to register the transfer of the right to property, including on securities, from the debtor on the recoverer in cases and procedure established by this Federal Law;
making on behalf and at the expense of the debtor of the action specified in the executive document, in the event that this action can be committed without personal participation of the debtor;
forced instill of the recovery in the residential premises;
forced eviction of the debtor from the residential premises;
liberation non-residential premises, repository from the debtor and his property in them;
other actions provided for by federal law or executive document.

Thus, this article discusses only the main points of the execution of judicial acts in a voluntary and compulsory basis. In itself, the new law is very extensive, therefore all aspects of the enforcement proceedings were not included in the article, but we hope that the reader will still have at least the overall impression of what orders are fulfilled.

Literature

Practice of applying the Arbitration Procedure Code of the Russian Federation: more than 350 actual questions: Practical manual / ed. V.V. Yarkova, S.L. Degtyarev. M.: ATP "ConsultantPlus", 2005.
Berdnikova M.G. Look at the new law on enforcement proceedings // Financial and accounting advice. 2008. N 2.
Overview of the judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2005: An overview of the judicial practice of the Supreme Court of the Russian Federation of November 23, 2005 // Bulletin of the Supreme Court of the Russian Federation. 2006. N 3.

V.I.Borodkin

Legal Counsel

CJSC "BKR Intercom-Audit"

All about tuning cars

The execution of judicial acts on the recovery of the budgets of the budget system of the Russian Federation. Failure to fulfill judicial acts to recover from the treasury. II. The procedure for the action of bailiffs in the execution of acts of judicial authorities,

Types of judicial acts, the procedure for entering into legal force

Execution of judicial acts voluntarily

The procedure for executing judicial acts within the framework of enforcement proceedings

Literature