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Grounds for initiating enforcement proceedings. Grounds for initiation of enforcement proceedings, procedure and terms. Procedure for initiating enforcement proceedings

How are court decisions enforced and what do the participants in the process need to know?

Enforcement proceedings are at the final stage civil procedure related to the direct execution of decisions of judicial or other government agencies.

For this purpose, officials of the FSSP ( Federal Service bailiffs).

The debtor can execute any court decision in voluntarily if this does not happen, enforcement is applied

For this, the law sets aside a specific period of time. In cases determined by law, enforcement proceedings may be terminated, suspended or terminated.

Stages of enforcement proceedings

Proceedings are initiated by the bailiff-executor against individuals or legal entities at the stage of compulsory execution court order.

The procedure includes three separate stages, during which specific tasks are solved:

  • initiation and preparation for the implementation of enforcement actions.

During this stage, the issue of accepting the executive document for execution is resolved. First, the possibility of voluntary implementation of the decision is analyzed. After that, the officials begin the search for the debtor and the property belonging to him, which can then be arrested and foreclosed;

  • compulsory execution.

The bailiffs levy execution on the property and funds of the debtor. On the basis of an act adopted by a judicial authority, a citizen is obliged to take specific actions, for example, to pay off debts;

  • completion of executive actions.

During this stage, a decision is made to terminate the enforcement actions, to terminate them or to return the documents in the case to the collector.

Participation in enforcement proceedings of bailiffs

Even if the court ruled in your favor, the defendant does not always agree to immediately execute it. In this situation, the decision is enforced. For this purpose, on the basis of the Federal Law of 02.10.2007, No. 229-FZ, a special service was created, which includes bailiffs. By this regulatory legal act also established order enforcement proceedings and the terms are determined.

After the executive document, together with the petition filed by the interested party for the execution of the court decision, is sent to executive service, within three working days, it is transferred to a specific bailiff. Having received the documents, within three days it executive is obliged to initiate proceedings. It lasts for two months.

Note!

These two months were given to the bailiff to carry out the actions provided for by law, aimed at fulfilling the claims of the claimant.

But in some cases, the law provides for exceptions to these rules. Earlier than two months, the judgment is executed if:

  • the due date is indicated directly in the document itself;
  • one of the bailiffs ordered the execution individual actions to another. In such a situation, the court's decision is executed within 15 days after the order was received by another unit;
  • the employee was reinstated in the previous workplace after illegal dismissal... In this case, the court verdict is executed on the first working day after the document is received by the bailiff service;
  • action must be taken to secure the claim. In this case, the decision is executed on the day the papers are received by the department.

After the entry of the court verdict in legal force the bailiff receives a writ of execution. Then he must ascertain whether there are grounds for initiating proceedings. After that, he makes an appropriate decision. If there are no such grounds, the initiation is refused.

Note!

Until the moment when the enforcement proceedings have not been initiated, no coercive measures can be taken. Such actions significantly limit and infringe on the property rights of any individual or legal entity.

The interested person in his application can indicate the request for the seizure of the debtor's property

This is done for two purposes:

  • so that it was possible to subsequently achieve the fulfillment of the foreclosure requirements contained in the writ of execution property nature;
  • to establish possible restrictions.

In this case, the debtor will not be able to sell the property or thing, as well as transfer them to another person.

Grounds for refusal

The bailiff, within three days after he received the writ of execution, has the right to refuse to initiate proceedings. This is possible in the following cases:

  • the document was received without a supporting written application from the interested party;
  • the petition was received, but was not signed by the claimant. An exception may be cases in which proceedings can be started without the submission of a written request by the interested party (for example, on the basis of decisions on the collection of fines);
  • the executive document was submitted to the wrong judicial authority, which is responsible for the execution of executive actions;
  • production on the same sheet was previously officially discontinued;
  • the term for presenting the document for execution has expired and has not been restored at the request of the person concerned;
  • the document submitted to the bailiff service does not meet the requirements of the law;
  • a court verdict or a decision of another body that has the force of an executive document did not enter into legal force (with the exception of those documents that must be executed immediately);
  • the document submitted to the bailiff service cannot be executed by the employees of this service.
The bailiff on the next day after the refusal to initiate proceedings sends a copy of the decision to the person concerned and attaches to it all received documents

As soon as the interested person has eliminated the circumstances that caused the refusal, he has the right to re-send performance list.

Place of Compulsory Execution of a Judgment

Compulsory enforcement measures include:

  • foreclosure on property, money and securities;
  • seizure of property;
  • seizure of property;
  • forced eviction, etc.

If the bailiff does not know exactly where the debtor and his property are located, he carries out the above actions at the last known place of residence or permanent residence of the citizen.

If the court verdict was issued against a legal entity, coercive measures foreclosures are made on his legal address or at the main location of the movable and immovable property of the company.

If the law does not establish the obligation to immediately execute the court decision, the executive document must be handed over to the claimant after the court's verdict enters into legal force. This is done on the basis of a written request.

Note!

The presentation of a writ of execution for collection is not an obligation, but the right of the interested party. Therefore, no one can force the claimant to send his demands to the judicial authority to enforce the decision and initiate proceedings.

A prerequisite in this case, there will be a signing of an application for the initiation of proceedings directly by the interested person himself. A sample application can be found on the FSSP website. If the claimant cannot do this himself, he has the right to issue a notarized power of attorney for the right to present a court order and attach it to his petition.

If the claimant is a company, the application can be signed by a manager or a representative acting on the basis of a power of attorney on its behalf.


Termination of enforcement proceedings

It can be terminated if there are a number of grounds specified in Art. 43 of Law No. 229-FZ:

  • death of the claimant or debtor, recognition of these persons as deceased or missing. This option is possible if the requirements or obligations for the execution of the decision cannot be transferred to the legal successor or cannot be fulfilled by the trustee appointed by the guardianship and trusteeship body;
  • loss of the ability to fulfill the claims of the claimant;
  • the creditor's refusal to receive the thing that was confiscated from the debtor;
  • court decision to terminate the execution of the document;
  • cancellation of the judicial act on the basis of which the executive document was issued;
  • settlement agreement parties;
  • termination alimony obligations etc.

If, for example, the claimant waives his claims regarding the payment of alimony, and this does not contradict the interests minor child, the enforcement proceedings may be terminated.

If the proceedings were terminated, it will be impossible to resume it at the request of the claimant.

An exception may be the cancellation of the decision to terminate in judicial procedure in the event of a clear violation by a bailiff or court of material and procedural rules.

Termination of execution by a bailiff

The law grants the bailiff the right to decide on the termination of enforcement proceedings. In most cases it will duplicate the definition judicial authority.

The bailiff stops the execution of the verdict if the court:

  • made a decision to terminate the proceedings and sent it to an official;
  • accepted a written refusal of the claimant from debt obligations;
  • approved the settlement agreement concluded between the parties to the dispute;
  • canceled or invalidated the executive document, which became the basis for the initiation of proceedings;
  • canceled the judicial act, which became the basis for the issuance of a writ of execution.

Note!

The bailiff is obliged to consider the application within ten days from the date of its receipt. After that, he must issue an order to suspend or terminate the enforcement proceedings or to refuse such a request.

Legal consequences of termination

In accordance with Art. 44 of Law No. 229-FZ after the termination of enforcement proceedings on the basis of a decision of a judicial authority or an order of a bailiff:

  • the case cannot be reopened;
  • all assigned enforcement actions are canceled;
  • the originally issued document cannot be re-submitted for execution, since it remains in discontinued materials;
  • The bailiff initiates new proceedings if there are unfulfilled orders to recover from the debtor the costs of enforcement actions.
If, in the process of executing the court verdict, debts have arisen to pay the performance fee or fines that were imposed by the bailiff, after the termination of the proceedings, they are not written off - a separate enforcement proceeding is initiated for them

End of enforcement proceedings

It is considered completed on the basis of the exhaustive circumstances provided for in Art. 47 of Law No. 229-FZ. These include:

  • actual performance specified requirements, including at the expense of one or several debtors who were jointly and severally liable for their obligations;
  • return of a writ of execution to an interested person;
  • return of the sheet at the request of the judicial or other authority that issued it;
  • declaring the debtor company bankrupt, after which the executive document is sent to the bankruptcy commissioner;
  • complete liquidation of the debtor company, after which the sheet is sent to the liquidation commission;
  • sending a copy of the document to the company in which the debtor works, where the debt will then be held;
  • expiration of the statute of limitations for the execution of the judicial verdict, regardless of whether the requirements were actually fulfilled.

After the end of the proceedings, a copy of the relevant resolution of the bailiff, no later than the next day after the adoption of such a decision, must be sent to all interested parties. Namely:

  • to both parties involved in the case;
  • to the court or other authority that issued the document;
  • to an organization engaged in the search for a debtor, his property or a child;
  • to a bank or other organization directly enforcing collection or setting restrictions on the debtor and his movable and immovable property.

The decision on the termination of the enforcement proceedings may be canceled by the senior bailiff. He can do this on the basis of an application by the claimant or on his own initiative, if it is necessary to repeat enforcement actions and apply compulsory enforcement measures against the debtor.

Note!

Any order of the bailiff, as well as his illegal actions or failure to act, each interested party or persons whose rights were violated by this document have the right to appeal against higher authority FSSP or in court.

How to find out the number of enforcement proceedings?

Situations often occur when citizens are ranked among debtors without their knowledge. In this case, the presence of enforcement proceedings can be an unpleasant surprise. A person may not be released abroad, not issued a loan at a bank or suspended driving license.

To protect yourself from possible troubles, it is better to check the official information in the database of enforcement proceedings online

This can be done, including if you have plans to conclude an agreement with any company that will provide you with a service. If enforcement proceedings were opened against this company, this will increase your risks in case of further cooperation with it. Therefore, we recommend that you inquire about the organization of the Help in advance.
Getting this information is easy enough. You need to go to the FSSP website and find data on enforcement proceedings in the search mode:

  • in relation to debtors-individuals;
  • in relation to debtors-legal entities;
  • based on the number of enforcement proceedings.

In the search field, enter your last name and full initials, as well as the exact date of birth. It is also advisable to enter data on the region where enforcement proceedings could be initiated. If it is known exactly, then it must be entered in a special field.

If you are looking for data on an organization, type in the region, the name of the legal entity and its address.

The FSSP search service is completely free and does not require registration on the website

If there is a debt in a new window, information about the existing liabilities will appear. You can familiarize yourself with the details of the writ of execution, the type of debt, its total amount and information about the FSSP Office (address, phone number).
If after that you still doubt the presence of debt, you should get an appointment with the FSSP authority, having found out everything on the spot. If there is actually a debt, you need to take the payment details and pay it off as soon as possible.

Remember that already with a debt of over 10 thousand rubles. you may be restricted from driving.

Summary

Any enforcement proceedings include several stages that must be followed by officers of the bailiff service. Termination, suspension or termination of this procedure must be justified and not contradict the norms of the law. Any wrong actions of the bailiff-executor can and should be challenged in a higher instance or in court. This is especially true if you happen to be on the list of debtors and find out about it after visiting the FSSP website.

The lawyers of our company will help you to do everything right. As a result, you will be able to prove your innocence or promptly collect debts from an individual or legal entity. Sign up for a consultation by phone or leave your question in the form on our website.

This series of articles provides general information about enforcement proceedings, which is informative in nature and cannot be used as an exhaustive instruction or guide to action. The text contains excerpts from the Federal Law "On Enforcement Proceedings". Some articles are provided with comments by the Chairman of the Problem Loans Committee of the Association of Banks of the North-West, Oleg Viktorovich Martynov, and answers to questions from borrowers who have contacted the Association of Banks of the North-West.

The court ruled to collect money from you as a debtor. Questions arise: "What will happen next? How will events develop? legal regulation in this situation? What do you need to know in order to understand your rights and obligations as a party to enforcement proceedings? "

Enforcement proceedings, time of execution of enforcement actions, deferral of execution, postponement, suspension, termination and termination of enforcement proceedings

Terms in enforcement proceedings are determined by a calendar date, an indication of the event that must occur, or the period during which the action can be performed. Terms in enforcement proceedings are calculated in years, months and days. Dates calculated in days do not include non-working days. If the Federal Law "On Enforcement Proceedings" has not established otherwise, then the course of a period calculated in years, months or days begins on the next day after calendar date or the occurrence of an event that determines the beginning of the term.

Initiation of enforcement proceedings

The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant and sets a deadline for voluntary execution, which may not exceed 5 (five) days from the date the debtor receives a resolution to initiate enforcement proceedings.

The application is signed by the claimant or his representative.

Attention! There is no time limit for voluntary execution in the following cases: confiscation of property, interim measures, etc.

The bailiff initiates enforcement proceedings and issues a resolution to initiate enforcement proceedings without an application from the claimant, in the cases provided for in part 6 of Art. 30 and part 6 of Art. 33 of the Federal Law "On Enforcement Proceedings", also when a court, another body or an official sends an enforcement document to the bailiff.

All expenses for the execution of enforcement actions, enforcement fees and fines imposed by the bailiff-executor in the process of execution of the enforcement document are executed without initiating separate enforcement proceedings on them until the end of the enforcement proceedings, during which the specified decisions were issued.

Initiation of enforcement proceedings - the beginning of the process of compulsory execution of judicial acts.

Where are enforcement actions taken and enforcement measures applied?
Enforcement actions are carried out and enforcement measures are applied by the bailiff-executor at the place of residence of the debtor, place of residence or location of his property.

What is summary enforcement proceedings?
Several property enforcement proceedings initiated against one debtor are combined into a consolidated enforcement proceedings.

At what time are enforcement actions performed?

Enforcement actions and enforcement measures are applied on weekdays from 06.00 to 22 hours... The specific time is determined by the bailiff-executor. To carry out enforcement actions and apply enforcement measures at other times, the bailiff must obtain written permission from the senior bailiff.

Granting a deferral or installment plan for the execution of judicial acts, changing the method and procedure for their execution

The recoverer, the debtor, the bailiff has the right to apply for a deferral or installment plan for the execution of a judicial act, as well as a change in the method and procedure for its execution to the court that issued the executive document.

Postponement of enforcement actions and application of enforcement measures

The bailiff has the right to postpone enforcement actions and the application of enforcement measures at the request of the claimant or on his own initiative for a period not exceeding 10 (ten) days.

The bailiff is obliged to postpone enforcement actions and the application of enforcement measures on the basis of a judicial act.

Suspension of enforcement proceedings

Suspended enforcement proceedings can be a court or a bailiff on the grounds specified in Art. 39 of the Federal Law "On Enforcement Proceedings" and Art. 40 FZ "On Enforcement Proceedings".

Termination of enforcement proceedings

Enforcement proceedings are terminated by the court in cases:

  • death of a claimant-citizen (debtor-citizen), declaring him deceased or recognition as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by the trustee appointed by the guardianship and trusteeship body ;
  • loss of the possibility of execution of the court order obliging the debtor to perform certain actions (refrain from committing certain actions);
  • the recoverer's refusal to receive the thing seized from the debtor during the execution of the court order containing the requirement to transfer it to the recoverer;
  • in other cases when federal law provides for the termination of enforcement proceedings.

Enforcement proceedings are terminated by the bailiff in cases:

  • the adoption by the court of an act on the termination of the execution of the executive document issued by it;
  • acceptance by the court of the recoverer's refusal to collect;
  • approval by the court of an amicable agreement between the claimant and the debtor;
  • cancellation of the judicial act on the basis of which the executive document was issued;
  • cancellation or invalidation of the executive document on the basis of which the enforcement proceedings were initiated;
  • termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, an act of another body or official in a case of an administrative offense by a court, other body or official that issued the executive document.

End of enforcement proceedings

Enforcement proceedings are ended by a bailiff-executor in the following cases:

  • actual fulfillment of the requirements contained in the executive document;
  • the actual execution, at the expense of one or several debtors, of the claim for joint recovery, contained in the executive documents, united in the consolidated enforcement proceedings;
  • return to the recoverer of the court order on the grounds provided for by Art. 46 Federal Law "On Enforcement Proceedings";
  • return of the executive document at the request of the court, other body or official who issued the executive document;
  • direction of a writ of execution from one unit of bailiffs to another;
  • liquidation of the debtor-organization and direction of the executive document to the liquidation commission (liquidator), with the exception of the executive documents specified in;
  • declaring the debtor-organization bankrupt and sending the executive document to the bankruptcy commissioner, with the exception of the executive documents specified in part 4 of Art. 96 FZ "On Enforcement Proceedings";
  • sending a copy of the executive document to the organization to withhold periodic payments established by the executive document;
  • expiration of the statute of limitations for the execution of a judicial act, an act of another body or official in a case of an administrative offense (taking into account the provisions provided for in part 9 of article 36 of the Federal Law "On enforcement proceedings"), regardless of the actual execution of this act.

On the end of the enforcement proceedings, a resolution is issued indicating the fulfillment of the requirements contained in the enforcement document, in whole or in part, or their non-fulfillment.

Attention! At the end of the consolidated enforcement proceedings on executive documents, containing a requirement for joint collection, the resolution indicates from which debtor and in what amount the joint collection was made. When collecting jointly and severally, do not forget that if you settled on this debt alone, and the other joint and several debtors did not pay, then you have the right to recover the missing amount from the remaining joint and several debtors (the amount is calculated based on the initial data on the debt).

Important! The resolution on the end of the enforcement proceedings cancels the search for the debtor, his property, as well as the restrictions imposed on the debtor, including restrictions on leaving Russian Federation and restrictions on the debtor's rights to his property.

Save the documents! It must be remembered that after the end of the enforcement proceedings, you need to keep the resolution on the end of the enforcement proceedings, which will serve as confirmation of the end of the enforcement proceedings, as well as documents confirming the payment of the debt.


Director of the Claims Department of OJSC "Baltinvestbank"
Chairman of the Problem Loans Committee
Association of Banks of the North-West
Martynov Oleg Viktorovich



Procedure initiation of enforcement proceedings governed by Art. 30 Of the Law on Enforcement Proceedings.

In accordance with Part 1 of Art. 30 of the Law on Enforcement Proceedings the bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant, unless otherwise provided by the said Law. The application and the executive document can be submitted in person or by mail.

The law provides for cases of initiation of enforcement proceedings without the claimant's appeal:

  • 1) in cases stipulated by law, a court or other body, an official sends the executive document directly to the bailiff. For example, in accordance with Part 3 of Art. 319 of the Arbitration Procedure Code of the Russian Federation, a writ of execution is issued to the claimant or, at his request, is sent for execution directly by the arbitration court. Writ of execution for collection Money to the budget income is sent by the arbitration court to the tax authority, another authorized government agency at the location of the debtor. According to Part 1 of Art. 130 Code of Civil Procedure of the Russian Federation, a court order at the request of the claimant may be sent to the bailiff-executor for execution;
  • 2) upon receipt of an order from a bailiff - executor of another unit;
  • 3) in the event of a decision of the bailiff-executor in the process of compulsory execution of a court order on the recovery of expenses for the performance of enforcement actions and a performance fee imposed by the bailiff-executor in the process of execution of the executive document.

An important consequence of the presentation of a writ of execution for execution is the interruption of the deadline for the presentation of a writ of execution for execution.

Before the enforcement proceedings are initiated, the bailiff takes a number of actions necessary to resolve the issue of whether there are grounds for initiating enforcement proceedings or whether the applicant should be refused to initiate enforcement proceedings. In this regard, the bailiff-executor, when accepting a writ of execution for execution, must check a number of circumstances.

Whether the proper entity has presented a writ of execution for execution. The law lists those who can apply to the bailiff-executor with a writ of execution to initiate enforcement proceedings. Firstly, it is the claimant, who, in most cases, has been given the right to decide on his own the issue of the possible presentation of a writ of execution for recovery. Secondly, a writ of execution may come from a court or other authority that issued it in the cases specified in the law (for example, the execution of a decision to impose a fine for an administrative offense). On behalf of the claimant, a writ of execution may be presented for execution by a representative. In accordance with Art. 54 Code of Civil Procedure of the Russian Federation, Art. 62 of the Arbitration Procedure Code of the Russian Federation, the presentation of a writ of execution for collection is a special power, the provision of which must be indicated in the power of attorney.

Does the executive document comply with the requirements provided for in the law, i.e.:

whether the submitted document is enforcement;

whether the executive document meets the requirements established by the law;

whether the decision on the basis of which the executive document was issued has entered into legal force.

General requirements are listed in Art. 13 of the Law on Enforcement Proceedings. Applied to certain types executive documents may be subject to the requirements specified in other regulations... For example, the requirements for a court order are set out in the Code of Civil Procedure of the Russian Federation, for the content of a writ of execution issued by an arbitration court - in the Arbitration Procedure Code of the Russian Federation.

When comparing the requirements for an enforcement document established by the Arbitration Procedure Code of the Russian Federation and the Law on Enforcement Proceedings, some differences are revealed. In accordance with the legislation on enforcement proceedings, the writ of execution must indicate the names of the recoverer-organization and the debtor-organization, their addresses or surnames, names, patronymics of the recoverer-citizen and the debtor-citizen, their place of residence, date and place of birth of the debtor - the citizen and his place of work. A similar norm in the Arbitration Procedure Code of the Russian Federation sounds differently: “The name of the recoverer-organization and the debtor-organization, their location; surname, name, patronymic of the claimant-citizen and debtor-citizen, their place of residence, date, place of birth; place of work of the debtor-citizen or date and place of his state registration as individual entrepreneur”(Article 320). The presence of such, even an insignificant, contradiction may entail the return of the executive document. In the letter of the Supreme Arbitration Court of the Russian Federation dated March 17, 1998 No. C1-7 / OU-202 and the Ministry of Justice of the Russian Federation dated March 24, 1998 No. 1873-SS "On measures to organize interaction between arbitration courts and the bailiff service of the constituent entities of the Russian Federation" indicates that the writ of execution issued arbitration courts in accordance with the requirements of the APC RF, should not be returned.

Next, it is necessary to determine whether the decision on the basis of which the executive document was issued has entered into legal force. Court decisions general jurisdiction enter into force after 10 days, if not received appeal... Cassation, appeal and supervisory decisions, as well as some judicial acts of the court of first instance, if it is stipulated in the law, come into legal force immediately.

The ruling of the court of general jurisdiction and the arbitration court on securing the claim shall be enforced immediately. Submission of a private complaint or protest against a ruling on securing a claim does not suspend the execution of this ruling.

The decision of the arbitration court shall enter into legal force upon the expiration of one month after its adoption, unless an appeal has been brought against the decision. Resolutions of appeal, cassation and supervisory authorities arbitration courts come into force from the moment of their adoption. In the cases provided for by the Arbitration Procedure Code of the Russian Federation or a court decision, immediate execution is applicable to some judicial acts arbitration courts of first instance.

Immediate execution is the execution of court decisions that have not entered into legal force, if there are grounds for this.

By virtue of the Code of Civil Procedure of the Russian Federation immediate execution subject to a court order or a court decision: on the recovery of alimony; employee payment wages during three months; recovery at work; the inclusion of a citizen of the Russian Federation in the list of voters, referendum participants (Art. 211). In other cases, the court has the right to appeal the decision to immediate execution (Article 212) - this is an optional appeal of a judicial act to immediate execution.

In accordance with the Arbitration Procedure Code of the Russian Federation, the decision of the arbitration court in the case of challenging the regulatory legal act enters into force immediately after its adoption. The ruling of the arbitral tribunal on the approval of the settlement agreement is subject to immediate execution.

It is necessary to distinguish between immediate execution and immediate entry into force of the decision. If the law provides for the immediate entry into force of a judicial act, this means that it is subject to immediate execution. If the law or the decision makes a reservation that the judicial act is subject to immediate execution, this means that it really must be immediately executed, however, the persons participating in the case have the right to appeal.

Has the deadline for the presentation of the court order for execution expired? The deadlines for the presentation of executive documents for execution are established by Art. 21 of the Law on Enforcement Proceedings. As a general rule, writs of execution issued on the basis of judicial acts, with the exceptions specified in the law, may be submitted for execution within three years from the date of entry into force of the judicial act or the end of the period established when granting a deferral or installment plan for its execution. Court orders can be presented for execution within three years from the date of their issue.

The following rules apply to exceptions.

  • 1. Writs of execution, issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored the missed deadline for the presentation of a writ of execution for execution, may be presented for execution within three months from the date of the court's ruling on the restoration of the missed time limit.
  • 2. Execution documents containing claims for the collection of periodic payments may be submitted for execution during the entire period for which the payments were awarded, as well as within three years after the end of this period.
  • 3. Judicial acts, acts of other bodies and officials in cases of administrative offenses can be presented for execution within two years from the date of their entry into force.

In addition, certificates issued by commissions for labor disputes, can be presented for execution within three months from the date of their issue. Acts of the bodies exercising control functions, drawn up in accordance with the established procedure, on the collection of funds with the attachment of documents containing the marks of banks or other credit organizations in which the debtor's settlement and other accounts are opened, on complete or partial non-fulfillment of the requirements of these bodies due to the absence on the accounts the debtor's funds sufficient to satisfy these claims may be presented for execution within six months from the date of their return by the bank or other credit institution.

The deadlines for the submission of enforcement documents not mentioned above are established in accordance with federal laws.

The Law on Enforcement Proceedings also determines the procedure for calculating these deadlines (paragraph 2 of Art. 14), establishing rules depending on the nature of the enforcement document.

Have the rules on territorial competence been complied with upon presentation of the executive document? A writ of execution and an application are submitted by the recoverer at the place where the enforcement actions and the application of enforcement measures are applied. The place of execution of the court order is determined depending on the characteristics of the debtor (citizen or entity) and from the category of enforcement proceedings. So, if the debtor is a citizen, then enforcement actions are performed and enforcement measures are applied by judicial bailiff at the place of his residence, place of stay or location of his property. If the debtor is an organization, then enforcement actions are taken and enforcement measures are applied at its legal address, the location of its property or the legal address of its representative office or branch (Article 33 of the Law on Enforcement Proceedings). V in this case the place of execution of the court order is determined depending on the category of the debtor.

The requirements contained in the executive documents obliging the debtor to perform certain actions (refrain from performing certain actions) are executed at the place where these actions were committed.

In this case, the place of enforcement actions is determined depending on the category of enforcement proceedings - obliging the debtor to perform certain actions.

The claimant may not have information about the whereabouts of the debtor, his property, the whereabouts of the child. In this case, the law provides for the commission of enforcement actions and enforcement measures by the bailiff-executor at the last known place of residence or place of stay of the debtor or at the place of residence of the claimant until the location of the debtor and his property is established. In addition, if the claimant does not know in which department of the bailiffs enforcement proceedings should be initiated, then he has the right to send a writ of execution and an application to the territorial authority FSSP of Russia(to the chief bailiff of a constituent entity of the Russian Federation) at the place of execution of enforcement actions and the application of enforcement measures, determined in accordance with general rules, set out in Art. 33 of the Law on Enforcement Proceedings. The chief bailiff of the constituent entity of the Russian Federation directs specified documents in the corresponding PSP.

Whether the enforcement document was presented earlier for execution and whether the enforcement proceedings on it were terminated or completed. These facts are checked by the bailiff-executor when deciding on the possibility of initiating enforcement proceedings. If they have found their confirmation, then the bailiff checks the basis for the end of the enforcement proceedings. So, if it is established that the end of enforcement proceedings to collect a fine for a crime is terminated in the event of a cancellation of the sentence in terms of imposing a fine, then the bailiff-executor refuses to initiate enforcement proceedings.

After checking the above circumstances, the bailiff must decide whether to initiate enforcement proceedings. The bailiff-executor is given a three-day period to issue an order to initiate enforcement proceedings or to refuse to initiate.

In the event that the executive document meets the requirements for it and is filed in compliance with the deadline set in the law, the bailiff-executor shall issue a resolution to initiate enforcement proceedings within three days.

When initiating enforcement proceedings, the bailiff must determine the time limit for the voluntary execution of the court document. This is done only if the writ of execution arrives for execution for the first time. The time limit for voluntary execution may not exceed five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings, unless otherwise provided by the Law on Enforcement Proceedings.

In case of repeated application with the same executive document, the period for voluntary execution is not established. The bailiff in the resolution on the initiation of enforcement proceedings sets a time limit for the debtor's voluntary performance of the requirements contained in the enforcement document and warns the debtor about the compulsory execution of these requirements after the expiration of the time period for voluntary performance with the collection of the enforcement fee and costs of enforcement actions from him.

By virtue of the legislation, the bailiff-executor does not establish a time limit for the voluntary execution of an enforcement document in cases of initiation of enforcement proceedings:

  • 1) upon initiation of enforcement proceedings (after the end of the main proceedings) on the issued and unfulfilled orders to recover from the debtor the costs of performing enforcement actions and the enforcement fee imposed by the bailiff-executor in the process of executing the enforcement document (part 16 of article 30 of the Law on enforcement production);
  • 2) upon subsequent presentation of the executive document;
  • 3) on the confiscation of property;
  • 4) according to the executive document on serving compulsory works;
  • 5) on an executive document subject to immediate execution;
  • 6) according to the executive document on forced expulsion from the Russian Federation foreign citizen or stateless persons;
  • 7) on request central authority about the search for the child.

The execution date may be indicated in the executive document.

If the execution date is indicated in the executive document, then the period for voluntary execution is determined in accordance with the time period named in the executive document. If a writ of execution is presented for execution after the expiration of the execution period specified in it, then a five-day period is established for voluntary execution, calculated from the date of initiation of the enforcement proceedings.

Resolutions of the bailiff-executor on the recovery from the debtor of the costs of performing enforcement actions, enforcement fees and fines imposed by the bailiff-executor in the process of executing an enforcement document are executed without initiating a separate enforcement proceeding on them until the end of the enforcement proceedings, during which the specified decisions were issued ...

A copy of the decision of the bailiff-executor on the initiation of enforcement proceedings no later than the day following the day of the issuance of the said order shall be sent to the recoverer, the debtor, as well as to the court, other body or official that issued the enforcement document.

When the execution of a judicial act is entrusted to a 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, the bailiff-executor in the decision to initiate enforcement proceedings warns these persons about criminal liability, provided for by Art. 315 of the Criminal Code of the Russian Federation, for non-execution of a judicial act, as well as obstruction of its execution.

If the bailiff-executor establishes the presence of the circumstances listed below, then within three days from the date of receipt of the executive document to him, he issues a decision to refuse to initiate enforcement proceedings. The grounds for refusal to initiate enforcement proceedings are exhaustively established by the law:

  • 1) a writ of execution is presented without an application from a claimant, or the application is not signed by a claimant or his representative, except for cases when enforcement proceedings are subject to initiation without an application from a claimant;
  • 2) a writ of execution was not presented at the place where the enforcement actions were performed, except in cases where the claimant does not know in which department of the bailiffs enforcement proceedings should be initiated (part 4 of article 30 of the Law on Enforcement Proceedings);
  • 3) the time limit for the submission of a writ of execution for execution has expired and has not been restored by the court;
  • 4) the document is not an executive document or does not meet the requirements for executive documents;
  • 5) the enforcement document was previously presented for execution and the enforcement proceedings on it were terminated (Articles 43 and 14, Article 103 of the Law on Enforcement Proceedings);
  • 6) the writ of execution was previously presented for execution and the enforcement proceedings on it were completed on the grounds established by clauses 1 and 2 of Part 1 of Art. 47 sp. 1, 2 and 4h. 15 Art. 103 of the Law on Enforcement Proceedings;
  • 7) a judicial act, an act of another body or official, which is an executive document or on the basis of which an executive document was issued, has not entered into legal force, with the exception of executive documents subject to immediate execution;
  • 8) the executive document in accordance with the legislation of the Russian Federation is not subject to execution by the FSSP of Russia;
  • 9) the writ of execution was presented for execution in violation of the provisions provided for in Part 2 1 of Art. 30 of the Law on Enforcement Proceedings;
  • 10) the writ of execution contains a requirement to return a child illegally displaced to Russia or held in Russia, or to exercise access rights with respect to such a child on the basis of international treaty Of the Russian Federation and the child has reached the age at which the said international treaty is not applicable to this child.

A copy of the order of the bailiff-executor on the refusal to initiate enforcement proceedings with the attachment of all received documents no later than the day following the day of the issuance of the specified order, is sent to the recoverer, as well as to the court, another body or official that issued the enforcement document.

A writ of execution may be presented for execution again (after the elimination of the circumstances that served as the basis for refusal to initiate enforcement proceedings) in the cases listed above in paragraphs 1-4 and 7.

Thus, the process of initiating enforcement proceedings consists of the following actions:

  • 1) acceptance of the executive document for execution;
  • 2) the issuance of a resolution to initiate enforcement proceedings or to refuse to initiate enforcement proceedings; 3) upon acceptance of a writ of execution for execution - setting a time limit for voluntary execution of a court order.

How to initiate enforcement proceedings, whether to do it yourself or entrust it to a specialist - such questions arise if the court case is won, but the defendant ignores the decision of the instance. Theoretically, this procedure is quite simple, all its stages are strictly regulated by the relevant law of the Russian Federation. The claimant is only required to contact the bailiff service and wait for the service staff to do the rest. To excite action proceedings he needs to be provided in local government FSSP the following documents:

  • - a statement with a request to initiate proceedings;
  • - a writ of execution (issued by the court secretariat after a month from the day the decision entered into legal force).

In fact, everything is much more complicated: the transfer of these documents to bailiffs does not mean that the initiation of enforcement proceedings in Moscow will be carried out automatically. The bailiff may simply refuse to initiate enforcement proceedings, citing the non-compliance of the application with the requirements established by the Federal Law "On Enforcement Proceedings."

In order to secure himself against refusal to initiate enforcement proceedings, the claimant can entrust the execution of the enforcement proceedings to his legal representative - a professional. According to article 30, part 2 of the Law "On Enforcement Proceedings", the connection of a representative is possible already at the stage of filing an application. In this case, the package of documents handed over to the bailiffs will be two more documents: a power of attorney from the claimant to represent his interests, as well as a copy of the representative's identity document.

Even after the procedure of enforcement proceedings has been officially launched, the claimant must carefully monitor how the bailiff's work is progressing on his list. Does the bailiff comply with the requirements of the law; Does he really take all the measures prescribed by law to collect debts. It is not hard to guess that it is really effective to check the bailiff-executor and really influence the course of execution of the court decision only by a professional with extensive experience.

Often, many are interested in the question of how to find out the number of enforcement proceedings? To do this, you can contact directly the bailiff working in your production. Also this information posted on the FSSP website.

How to initiate enforcement proceedings?

The initiation of enforcement proceedings is an important independent stage in the entire process of compulsory alienation. In order for you not to be denied the initiation of proceedings already at this stage, it is necessary to approach it as seriously and responsibly as possible. The application to initiate enforcement proceedings must be drawn up legally competently and not contain unnecessary emotions.
Often, having won a case in court, the plaintiff quite rightly believes that the defendant will begin to comply with the court's order as soon as possible, and when this does not happen, under the influence of emotions begins to threaten the defendant or bring claims to the bailiffs. This line of behavior is deeply mistaken: in this matter you need a cold mind, knowledge of your own rights and free operation. legal facts... If you have difficulties with this or you simply do not want to be personally involved in yet another (after the trial) bureaucratic process, we recommend that you turn to highly qualified lawyers from JurProfiConsult for help. A legally savvy representative will not only submit all the documents correctly, but will also control the entire course of the enforcement process.

Documents for initiating enforcement proceedings

An application on behalf of the person (or his representative), together with a court order, is submitted at the place of enforcement proceedings to the bailiff-executor. What is meant by such a place?

  1. The defendant-individual is the place of his actual residence / registration or the location of his property, which is supposed to be collected for the execution of the court decision;
  2. the legal defendant is the legal address of the company, its branch / representative office, or the location of its immovable property.

In the application, you can apply for a specific method of execution of the court decision, for example, by arresting the defendant's movable and immovable property, his bank accounts, or restricting his actions as provided for by law.

How to find out if enforcement proceedings have been initiated?

So, you or your representative have filed documents with the bailiff service. After admission to this unit, the package of documents will be transferred to your bailiff within three days. Another three working days are allotted to the bailiff to make a decision on the initiation of enforcement proceedings. Both a positive decision and a reasoned refusal must be sent to the plaintiff by mail. In case of initiation of execution, the respondent is also informed.
However, it is better for you or your representative to check in person how the matter is progressing by simply calling or visiting the bailiff service. The fact is that the funding of this service is often insufficient, and the significant workflow leads to the fact that postal items to the plaintiff's address they simply save.
In what cases does the bailiff not initiate enforcement proceedings? If the package of submitted documents is incomplete, the application is not drawn up correctly, the signature of the plaintiff or the representative is missing, the signature of the representative is present, but there is no power of attorney, the documents were submitted not at the place of possible execution, the documents were submitted late, etc.

Enforcement: stages

The initiation of enforcement proceedings is only the first step in this difficult process. Its subsequent stages:

  1. - preparation for execution (precedes the beginning of the work of the bailiffs and acts as a kind of stage of post-trial settlement);
  2. - the actual compulsory execution;
  3. - distribution of the amount of recovery (if there are several plaintiffs);
  4. - completion of compulsory execution;
  5. - appeal against the actions of the bailiffs (if the defendant believes that they were insufficiently legal).

At the preparatory stage the best option- This is a voluntary execution of the judgment by the defendant. As a rule, the defendant seeks to find an opportunity to comply with the court order as soon as it realizes that the bailiffs can put up for auction his movable and real estate... If at this stage the respondent does not come to his senses, the next stage begins.
Compulsory execution itself is understood as, for example, the seizure of property, its sale at auction, the approval of by the court the results of these tenders (and consideration of complaints about the actions of the bailiff, if any). If the court satisfied the claim regarding the ownership of movable or immovable property, then the bailiff simply withdraws and transfers the aforementioned object or objects to the plaintiff without going through the bidding stage. If the financial requirements can be satisfied by seizing the debtor's accounts, they also do without bidding.
To end judicial execution can either by terminating the enforcement, or by terminating it. Termination, for example, takes place in the event of the death of the plaintiff or the defendant, and termination - if, by means of enforcement, the court's decision has been fully complied with.

What to do if enforcement proceedings are initiated against you?

Consider reverse side question: enforcement proceedings have been initiated against you, what should I do? Although the law requires you to be ordered to initiate enforcement proceedings, this often does not happen, and you may be in for an unpleasant surprise, for example, in the form of bailiffs on the doorstep or in the form of suddenly arrested bank accounts.
How to find out why the enforcement proceedings were initiated? First, find out which department of the bailiffs started the enforcement (this can be clarified in the same bank). Secondly, personally find out in this instance about the reasons for the initiation of enforced collection.

In such a situation, you can:

  1. - to comply with the court order;
  2. - try to appeal against a court order;
  3. - ignore the court order.

The first strategy is justified in most cases and solves the problem at the root. If you realize that the court's decision was fair, or you understand that the appeal attempt will not be successful, it is better to resort to it.
The second strategy is justified if you believe that the court has treated you unfairly, that your legal rights were prejudiced by its decision, or that you have compelling reasons not to comply with the decision, it would be reasonable to attempt to appeal. The result of this attempt will largely depend on your legal knowledge, therefore we advise you not to take risks, but to turn to professionals - the company "YurProfiConsult".
Ignoring a court ruling is the worst strategy. You can adhere to it only if there are no receipts to your bank accounts and are not expected, and the property that would be in your possession is simply absent (or it cannot be alienated by law).

The debtor does not agree with the initiation of enforcement proceedings

The claimant does not agree with the refusal to initiate enforcement proceedings

1. The bailiff-executor initiates enforcement proceedings on the basis of the executive document at the request of the claimant, unless otherwise established by this Federal Law.

2. The application is signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a petition for the seizure of the debtor's property in order to ensure the fulfillment of the claims on property penalties contained in the executive document, as well as for the establishment of the restrictions for the debtor provided for by this Federal Law. The recoverer may indicate in the application for the initiation of enforcement proceedings the information known to him about the debtor, as well as attach to the application documents containing information about the debtor, his property status and other information that may be important for the timely and full execution of the requirements of the enforcement document.

2.1. An application for the initiation of enforcement proceedings on the basis of the executive documents specified in parts 1, and 7 of Article 21 of this Federal Law, completed by the bailiff-executor on the basis of an act on the absence of the debtor's property on which a claim can be levied (if all The measures taken by the bailiff to find the debtor's property, which are admissible by law, turned out to be ineffectual), can be filed no earlier than six months after the end of the enforcement proceedings or earlier than the specified period if there is information about a change in the debtor's property status. An application for the initiation of enforcement proceedings on the basis of other enforcement documents, completed by the bailiff-executor on the basis of an act on the absence of property from the debtor, on which a claim can be levied (in the event that all measures taken by the bailiff-executor permissible by law to find the property of the debtor turned out to be ineffectual), can be filed no earlier than two months after the day of the end of the enforcement proceedings or before the expiration of the specified period, if there is information about a change in the property status of the debtor.

3. A writ of execution and an application shall be filed by the claimant at the place where the enforcement actions were performed and the enforcement measures were applied, determined in accordance with Article 33 of this Federal Law.

4. If the recoverer does not know in which department of the bailiffs enforcement proceedings should be initiated, then he has the right to send a writ of execution and an application to the territorial body of the Federal Bailiff Service (chief bailiff of the subject (chief bailiff of the constituent entities) of the Russian Federation) at the place of execution of the enforcement actions and application of measures of compulsory execution, determined in accordance with Article 33 of this Federal Law. The chief bailiff of a constituent entity (chief bailiff of the constituent entities) of the Russian Federation shall send these documents to the appropriate department of bailiffs within five days from the date of their receipt, and if the executive document is subject to immediate execution - on the day they are received.

(see text in previous edition)

5. The bailiff-executor initiates enforcement proceedings without an application from the claimant in the cases provided for by part 6 of this article, as well as when a court, another body or official in accordance with federal law sends the executive document to the bailiff-executor.

(see text in previous edition)

5.1. A request from the central body to search for a child is sent by the central body appointed in the Russian Federation in order to ensure the fulfillment of obligations under an international treaty of the Russian Federation, in structural subdivision bailiffs-executors territorial bodies Federal Bailiff Service at the last known place of residence or place of stay of the person with whom the child may be, or at the location of this person's property or at the last known place of stay of the child.

6. The basis for initiating enforcement proceedings is also a decision of the bailiff-executor, issued in the process of compulsory execution of an enforcement document, on the calculation and collection of alimony arrears in the event of termination of enforcement proceedings in accordance with Clause 9 of Part 2 of Article 43 of this Federal Law, on the recovery of expenses for the commission of enforcement actions and the enforcement fee imposed by the bailiff-executor in the process of execution of the enforcement document.

(see text in previous edition)

7. The claimant's statement and the writ of execution are transferred to the bailiff-executor within three days from the date of their receipt by the bailiffs unit.

7.1. The claimant's statement and the executive document containing a requirement to return a child illegally displaced to the Russian Federation or held in the Russian Federation, or to exercise access rights with respect to such a child on the basis of an international treaty of the Russian Federation, or a request from a central body to search for a child, are not submitted to the bailiff-executor. later than the day following the day of their admission to the department of bailiffs.

8. The bailiff-executor, within three days from the date of receipt of the executive document to him, shall issue a resolution to initiate enforcement proceedings or to refuse to initiate enforcement proceedings.

9. If the claimant refuses to satisfy the petition for the seizure of the debtor's property or for the establishment of the restrictions for the debtor provided for by this Federal law, the bailiff indicates the reasons for such a refusal in the decision to initiate enforcement proceedings.

10. If the enforcement document is subject to immediate execution, then after entering the department of bailiffs, it is immediately transferred to the bailiff, whose powers extend to the territory where the execution is to be carried out, and in his absence - to another bailiff. The decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings must be made by the bailiff within 24 hours from the date of receipt of the executive document by the bailiffs unit.

11. If the enforcement document first entered the bailiff service, then the bailiff in the decision on the initiation of enforcement proceedings sets a time limit for the debtor to voluntarily fulfill the requirements contained in the enforcement document and warns the debtor about the compulsory execution of these requirements after the expiration of the time period for voluntary execution with recovery from him the performance fee and expenses for the performance of enforcement actions provided for by this Federal Law.

12. The time limit for voluntary execution is five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings or from the moment of delivery of the notice on the placement of information on the initiation of enforcement proceedings in the data bank, sent by sending a short text message over the mobile network. radiotelephony, or other notice or resolution on the initiation of enforcement proceedings, issued in the form electronic document and sent to the addressee, including in his single Personal Area on the Unified Portal of State and Municipal Services, in accordance with Part 2.1 of Article 14 of this Federal Law, unless otherwise provided by this Federal Law.

(see text in previous edition)

(see text in previous edition)

14. The bailiff does not set a time limit for the voluntary execution of a writ of execution in cases of initiation of enforcement proceedings:

2) upon subsequent presentation of the executive document;

3) according to the executive document on the confiscation of property;

4) according to the executive document on serving compulsory works;

5) on an executive document subject to immediate execution;

6) according to an executive document on the forced expulsion from the Russian Federation of a foreign citizen or stateless person;

7) at the request of the central authority on the search for the child;

8) according to an executive document issued by courts of general jurisdiction and arbitration courts in relation to a foreign state.

(see text in previous edition)

14.1. The bailiff in the decision on the initiation of enforcement proceedings obliges the debtor to provide documents confirming the presence of the debtor's property, income, which cannot be foreclosed under the executive documents, including funds on accounts, in deposits or on storage in banks and other credit institutions, as well as property that is the subject of a pledge.

14.2. The bailiff in the decision to initiate enforcement proceedings warns the debtor about the establishment of the time limits provided for by this Federal Law in respect of his time limit, in case of failure to fulfill the requirements contained in the enforcement document within the time period established for voluntary execution without good reason. article 315 of the Criminal Code of the Russian Federation for non-execution of a judicial act, as well as obstruction of its execution.