Administrative Code of the Russian Federation Article 17. (restriction of special rights) 17.17 Code of Administrative Offenses of the Russian Federation issues. "Law on deprivation of rights for debts"

ST 17.14 Code of Administrative Offenses of the Russian Federation

1. Violation by the debtor of the legislation on enforcement proceedings, expressed in non-compliance legal requirements bailiff, providing false information about their rights to property, failure to report dismissal from work, a new place of work, study, place of receipt of a pension, other income or place of residence, with the exception of the violation provided for in Article 17.17 of this Code -

entails imposition administrative fine for citizens in the amount of one thousand to two thousand five hundred rubles; on officials- from ten thousand to twenty thousand rubles; on legal entities- from thirty thousand to one hundred thousand rubles.

2. Failure by a bank or other credit organization to comply with the demand for collection contained in the executive document Money from the debtor -

entails the imposition of an administrative fine on a bank or other credit institution in the amount of half of the amount of money to be recovered from the debtor, but not more than one million rubles.

2.1. Failure to comply with the requirements contained in the executive document to write off the debtor's personal account or securities account and credit the issuer's personal account or securities account to the collector's personal account or securities account. valuable papers if there are securities on the corresponding account of the debtor, the issuer independently carries out activities to maintain a register of owners of issue-grade securities, professional participant securities market that records rights to issue-grade securities owned by the debtor -

shall entail the imposition of an administrative fine on legal entities in the amount of one-third of the value of the issue-grade securities subject to recovery, but not more than one-half of the value of such securities.

3. Violation by a person who is not a debtor of the legislation on enforcement proceedings, expressed in failure to comply with the legal requirements of the bailiff, refusal to receive confiscated property, provision of false information about the property status of the debtor, loss of the writ of execution, untimely dispatch of the writ of execution, failure to fulfill the requirements of the writ of execution document, including those received from the claimant, -

shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles; for officials - from fifteen thousand to twenty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

Commentary to Art. 17.14 of the Code of Administrative Offenses of the Russian Federation

1. Object: public relations arising as a result of the exercise by bailiffs of powers to organize the compulsory execution of judicial acts of courts general jurisdiction And arbitration courts, as well as acts of other bodies, provided for by law RF on enforcement proceedings.

2. Federal law“On Enforcement Proceedings” defines the conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose individuals, legal entities, Russian Federation, constituent entities of the Russian Federation, municipalities obligations to transfer funds and other property to other citizens, organizations or relevant budgets, or to perform certain actions in their favor or to refrain from performing certain actions.

Compulsory execution of judicial acts, acts of other bodies and officials is assigned by law to FSSP of Russia and its territorial bodies.

In the process of enforcement proceedings bailiff- the performer has the right:

Receive the necessary information when performing enforcement actions, including personal data, explanations and certificates;

Give citizens and organizations participating in enforcement proceedings instructions on the implementation of specific enforcement actions;

Enter premises and storage facilities occupied by debtors or owned by them, inspect said premises and storage facilities, if necessary, open them, and also, based on a ruling by the relevant court, perform the specified actions in relation to premises and storage facilities occupied by or belonging to other persons;

Arrest, seize, transfer for storage and sell seized property, with the exception of property withdrawn from circulation in accordance with the law;

Seize funds and other valuables of the debtor located in accounts, deposits or storage in banks and other credit organizations in the amount specified in the executive document;

Use non-residential premises with the consent of the owner, for the temporary storage of seized property, assign the responsibility for its storage to the relevant persons, use the transport of the claimant or debtor to transport the property, attributing expenses to the debtor;

Perform other actions provided for by the said Law.

The legal requirements of the bailiff are subject to fulfillment by all bodies, organizations, officials and citizens in the territory Russian Federation.

3. Part 1 of the commented article provides for administrative liability for the debtor’s violation of the legislation on enforcement proceedings, expressed in failure to comply with the legal requirements of the bailiff, provision of false information about their rights to property, failure to report dismissal from work, about a new place of work, study, place receiving a pension, other income or place of residence.

By virtue of the Law, a debtor is a citizen or organization obligated by an executive document to commit certain actions(transfer funds and other property, fulfill other obligations or prohibitions provided for by the executive document) or refrain from performing certain actions.

As a rule, debtors - individuals are attracted to administrative responsibility according to Art. 17.14 of the Code of Administrative Offenses of the Russian Federation for failure to appear before the bailiff on time, failure to provide information about one’s rights to property, failure to report dismissal from work, a new place of work, or place of residence.

Thus, on May 25, 2009, the bailiff of the Aleksandrovsky ROSP UFSSP of Russia in the Orenburg region for violation by a debtor - an individual of the legislation on enforcement proceedings, expressed in the provision of false information about his rights to property, this debtor brought to administrative responsibility under Part 1 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation with the imposition of punishment in the form of an administrative fine in the amount of 1 thousand rubles.

4. Part 2 of the commented article provides for the liability of a bank or other credit organization servicing the debtor’s accounts in the event of their failure to comply within the prescribed period with a writ of execution containing demands for the collection of funds from the debtor.

The specifics of holding a bank or other credit organization liable for failure to execute a writ of execution are contained in Art. 114 of the Federal Law "On Enforcement Proceedings".

By virtue of the said article liability occurs if a bank or other credit institution fails to fulfill, within the period established by law, an executive document containing demands for the collection of funds from the debtor, if there are funds in the debtor’s accounts.

Thus, the act of a bank or other credit organization is an administrative offense only if there are funds in the debtor’s accounts.

At the same time, failure to comply with the requirements contained in the executive document can be expressed both in inaction (lack of any response) and in action (for example, sending a written refusal).

The liability of a bank or other credit organization for committing an offense under Part 2 of the commented article is the imposition of an administrative fine in the amount of half of the amount of money to be recovered from the debtor, but not more than 1 million rubles.

If the actions of a bank or other credit organization constitute an administrative offense, the bailiff draws up a protocol on the administrative offense, which is sent to the arbitration court at the location of the bank or other credit organization.

5. Part 2.1 of the commented article provides for liability for failure to comply with the requirements contained in the executive document to write off from the personal account or securities account of the debtor and credit to the personal account or securities account of the collector of issue-grade securities if there are securities in the corresponding account of the debtor by the issuer independently carrying out activities maintaining a register of owners of issue-grade securities, a professional participant in the securities market that records the rights to issue-grade securities owned by the debtor.

This norm was introduced into the Code of Administrative Offenses of the Russian Federation in 2009. However, by adding Art. 17.14 of the Code of Administrative Offenses of the Russian Federation with a new part, the legislator did not make changes to Art. 114 of the Federal Law “On Enforcement Proceedings”, accordingly, the procedure for holding a bank or other credit organization liable for violation of an executive document does not apply to violations provided for in Part 2.1 of Art. 17.14 Code of Administrative Offenses of the Russian Federation.

6. Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation by a person who is not a debtor of the legislation on enforcement proceedings. As a rule, these are the chief accountants of organizations who are held accountable for late return executive documents, or for the loss of writs of execution, as well as heads of organizations - employers of the debtor for failure to comply within the prescribed period with the legal requirements of the bailiff to provide the necessary information.

7. A necessary condition for bringing an official to administrative responsibility under Parts 1 and 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation is a failure to comply either improper execution them of their official duties, i.e. administrative, economic, organizational, administrative and other functions that this official is authorized to perform.

When qualifying an offense in accordance with Parts 1 and 3 of the commented article, problems arise when deciding on the legality of the bailiff's demand. The issue of the legality of the requirements in this case is decided by the court in the process of appealing the decision to bring the guilty person to administrative responsibility. To be recognized as legal, a requirement must comply with the norms of legislation on enforcement proceedings and not contradict other regulations.

For example, before amendments are made to the Federal Law “On Bailiffs”, allowing bailiffs to process personal data, requirements for operators cellular communications provision of telephone numbers of debtors and other information were illegal.

8. Subjects: individuals, legal entities, officials.

9. Subjective side: guilt both in the form of intent and negligence.

GENERALIZATION

practice of considering cases of administrative offenses under Article 17.17 of the Code of the Russian Federation on Administrative Offenses for the period of 10 months of 2016

In accordance with the work plan judicial section No. 1 of the Dzerzhinsky district of Orenburg for the 2nd half of 2016, a generalization of the practice of consideration by the magistrate of cases of administrative offenses provided for in Article 17.17 of the Code of Administrative Offenses of the Russian Federation for 10 months of 2016 was carried out.

The relevance of the topic is due to the short duration of the federal law, which expands the powers of bailiffs in relation to the Debtor in enforcement proceedings in terms of temporary restrictions in his special right and, accordingly, the recentness of the measure of administrative liability for violation of such restrictions.

the executive document being executed is a judicial act or issued on the basis judicial act and contains claims for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, non-property claims related to raising children, as well as demands for the collection of an administrative fine imposed for violating the procedure for using a special right;

the amount of debt under the executive document (executive documents included in the consolidated enforcement proceedings) exceeds 10 thousand rubles;

in the materials of enforcement proceedings there is information about notifying the debtor in the manner prescribed chapter 4 The Law on the initiation of enforcement proceedings against him if the debtor evades the voluntary fulfillment of the requirements of the executive document (except for cases of putting the debtor on the wanted list);

the debtor is warned in the resolution on the initiation of enforcement proceedings about the possibility of establishing temporary restrictions against him in case of failure to fulfill the requirements contained in the enforcement document within the period established for voluntary execution without good reason. For enforcement proceedings that were initiated before January 15, 2016, bailiffs send warnings to debtors in accordance with Appendix No. 1 to this letter about the possibility of establishing a temporary restriction on them on the use of a special right in case of evasion of compliance with the requirements of enforcement documents.

There are no circumstances that exclude the possibility of applying a temporary restriction on the debtor’s use of a special right in relation to the debtor:

if the establishment of such a restriction deprives the debtor of the main legal source of livelihood;

if the use of a vehicle is the only means for the debtor and his family members living with him to ensure their livelihoods, taking into account the limited transport accessibility of their place of permanent residence;

if the debtor is a person who uses vehicle in connection with disability, or the debtor is dependent on a person recognized in the manner established by the legislation of the Russian Federation as a disabled person of group I or II or a disabled child;

if the amount of debt under the executive document (executive documents) does not exceed 10 thousand rubles;

if the debtor is granted a deferment or installment plan for fulfilling the requirements of the writ of execution.

In case of execution in in full or partially the requirements of executive documents included in the consolidated enforcement proceedings, the amount of debt for which in total will not exceed 10 thousand rubles, the bailiff issues a resolution to remove established limit and immediately sends a copy of the resolution to the debtor, the collector and the relevant authority executive power.

5. When it is revealed that the debtor has failed to comply with the bailiff’s order on a temporary restriction on the debtor’s use of a special right, the executive body exercising state control and supervision in the relevant field of activity draws up a protocol on the administrative offense under Article 17.17 Code of Administrative Offenses of the Russian Federation and sends it to the court for consideration.

The present information mail must be brought to the attention of management staff territorial bodies FSSP of Russia, heads of departments - senior bailiffs, bailiffs.

As the study of cases of this category has shown, the magistrate, when considering the protocol, checked the mandatory, whether proceedings on the case have been initiated by an authorized body, whether the rights to protect the person have been respected, whether the case is in judicial proceedings bailiff enforcement proceedings in relation to the person held accountable and for what requirements (subject of execution), whether a temporary restriction is imposed by a special right on the Debtor within the framework of enforcement proceedings and other circumstances necessary for the correct resolution of the case.

From the presented materials it is clear that 3 cases were considered in the absence of the person against whom proceedings for an administrative offense are being conducted: when drawing up a protocol on an administrative offense, the persons involved did not challenge its legality;

2 materials were reviewed with the participation of involved persons;

All protocols were received from the traffic police department of the State Traffic Safety Inspectorate of the Orenburgskoe Municipal Department of the Ministry of Internal Affairs of Russia in connection with a person’s violation of a temporary restriction on the prohibition of using a special right - the right to drive vehicles.

All persons found guilty of committing an offense indicated that the reason for the debt incurred during enforcement proceedings was insufficient funds.

Thus, in case No. 5-1-387/16 Karyazin S.G. On June 8, 2016 at 09:00 on Pobeda Avenue, 176 in Orenburg, he violated the temporary restriction established in accordance with the legislation on enforcement proceedings on the use of a special right in the form of the right to drive vehicles, namely, he drove a vehicle - a passenger car VAZ-21144, state registration mark P802ET 56, that is, it violated Federal Law No. 340-FZ of November 28, 2015.

At the court hearing S.G. Karyazin He pleaded guilty, repented of his crime, explained that he was a debtor in enforcement proceedings for the collection of alimony in a fixed sum of money, paid alimony voluntarily, however, by the order of the bailiff he was limited in the use of the right to drive a vehicle, because there is a payment arrears.

Based on the results of the consideration of the case, the magistrate recognized S.G. Karyazin. guilty with the assignment of compulsory labor for a period of 20 (twenty) hours.

As mitigating circumstances The court admitted an admission of guilt and repentance for what he had done.

In case No. 5-1-385/16 Khisamov I.Z. found guilty of committing an offense under Art. 17.17 of the Code of Administrative Offenses of the Russian Federation with the imposition of punishment in the form of deprivation of the right to drive vehicles for a period of 2 months, with this Khisamov I.Z. V court hearing did not appear, did not provide explanations for the protocol to the court, and the court did not find any mitigating circumstances for the punishment.

In case No. 5-1-461/16, the court found that Rasskazov A.V. On July 13, 2016 at 08:05 a.m. on Pobedy Avenue, 149 in Orenburg, in violation of the temporary restriction established in accordance with the legislation on enforcement proceedings on the use of a special right in the form of the right to drive vehicles, he drove a vehicle - a GAZ-3269 bus, state-owned .registration mark T785US 56, that is, violated Federal Law No. 340-FZ of November 28, 2015.

The case was considered in the absence of the person who failed to appear at the court hearing.

The court did not establish any aggravating or mitigating circumstances, Rasskazov A.V. sentenced to compulsory labor for a period of 30 (thirty) hours.

All received cases were considered on their merits, the legality and validity of the protocols were confirmed in court proceedings.

Total: in 4 cases considered, appointments were made compulsory work, in relation to 1 offender, the court ordered deprivation of the right to drive a vehicle.

The court did not see any reason to recognize the offense as minor.

As the study of the topic has shown, not all persons who are Debtors in enforcement proceedings clearly understand the responsibility for violating the restrictions imposed by the bailiff.

So, Shikoroshtanov T.B. was found guilty under Art. 17.17 of the Code of Administrative Offenses of the Russian Federation is that on June 17, 2016 at 17:20 on Pobeda Avenue, 160 in Orenburg, in violation of the temporary restriction established in accordance with the legislation on enforcement proceedings on the use of a special right in the form of the right to drive vehicles, he was driving a vehicle – a passenger carNISSAN-WINGROAD, state registration mark T554NU 56, that is, violated Federal Law No. 340-FZ of November 28, 2015.

In the explanations he gave in his own hand when drawing up a protocol on an administrative offense, he pointed out the need to explain the consequences of the bailiff imposing a restriction on the law, thereby believing that due to ignorance of the law he committed a violation of it.

When considering the case, the court could not recognize this circumstance as excluding the case, since the court was convinced that during the enforcement proceedings (in the resolution to initiate enforcement proceedings) the Debtor was explained the consequences of the bailiff imposing a temporary ban on using the right to drive a vehicle, about the imposition of such a temporary restriction Shirokoshtanov T.B. was also notified by the bailiff by mail, which is confirmed in the case materials - a copy of the bailiff's decision on the temporary restriction special law (№ 5-1-00420/16).

The study of the cases showed that all the protocols submitted for consideration had signs of completeness, legality, and the attached materials were sufficient in the aggregate to resolve the case on the merits, and therefore, the court had no grounds for returning to eliminate the shortcomings of the protocol.

Difficulties regarding qualification of actions (inaction) of the person involved, proper notification of time and place judicial trial, assessment of the evidence presented, etc., the court did not have any questions regarding this category of cases.

With a relatively small number of cases of administrative offenses received over 10 months under Art. 17.17 of the Code of Administrative Offenses of the Russian Federation, however, I come to the conclusion that it is necessary to place the information received based on the results of the generalization in the news feed of the official website of the judicial district in order to familiarize an indefinite number of people with this norm of administrative responsibility.

New edition of Art. 17.14 Code of Administrative Offenses of the Russian Federation

1. Violation by the debtor of the legislation on enforcement proceedings, expressed in failure to comply with the legal requirements of the bailiff, provision of false information about his rights to property, failure to report dismissal from work, a new place of work, study, place of receipt of a pension, other income or place of residence , with the exception of the violation provided for in Article 17.17 of this Code, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from thirty thousand to one hundred thousand rubles.

2. Failure by a bank or other credit organization to fulfill the requirement contained in an executive document to collect funds from the debtor -

entails the imposition of an administrative fine on a bank or other credit organization in the amount of half of the amount of money to be recovered from the debtor, but not more than one million rubles.

2.1. Failure to comply with the requirements contained in the executive document to write off the debtor's personal account or securities account and credit the collector's personal account or securities account with equity securities if there are securities in the corresponding account of the debtor by the issuer, which independently carries out the activities of maintaining the register of owners of equity securities, a professional participant securities market that records rights to issue-grade securities owned by the debtor -

Commentary on Article 17.14 of the Code of Administrative Offenses of the Russian Federation

Federal Law No. 119-FZ of July 21, 1997 “On Enforcement Proceedings” establishes the conditions and procedure for the forced execution of judicial acts of courts of general jurisdiction and arbitration courts, as well as acts of other bodies that, in the exercise of powers established by law, are given the right to impose on citizens, organization of the obligation to transfer funds and other property to other citizens, organizations or relevant budgets or to perform certain actions in their favor or to refrain from performing these actions.

Enforcement of judicial acts and acts of other bodies in the Russian Federation is entrusted to the bailiff service and the bailiff service of the constituent entities of the Russian Federation.

The Bailiff Service is headed by the Chief Bailiff of the Russian Federation.

Bailiff services in the constituent entities of the Russian Federation are headed by the chief bailiffs of the constituent entities of the Russian Federation.

The requirements of the bailiff for the execution of judicial acts and acts of other bodies are mandatory for all bodies, organizations, officials and citizens throughout Russia. Remember that if the bailiff's demands are not met, he will take measures provided by law. And resistance to a bailiff during the exercise of his functions entails liability provided for by Russian legislation.

Let us remind you that the executive documents are:

1) writs of execution issued by courts on the basis of:

judicial acts adopted by them;

decisions of International Commercial Arbitration and other arbitration courts;

solutions foreign ships and arbitrations;

decisions of interstate bodies for the protection of human rights and freedoms;

2) court orders;

3) notarized agreements on the payment of alimony;

4) certificates of the commission for labor disputes issued on the basis of its decisions;

5) demands of bodies exercising control functions drawn up in the established manner for the collection of funds with a note from a bank or other credit organization about complete or partial failure to fulfill the collection due to the lack of funds in the debtor’s accounts sufficient to satisfy the claims of the recoverer, if the legislation of the Russian Federation no other procedure has been established for the execution of these executive documents;

6) decisions of bodies (officials) authorized to consider cases of administrative offenses;

7) orders of the bailiff;

8) decisions of other bodies in cases provided for by federal law.

In case of loss of the original of the writ of execution, the basis for recovery is its duplicate, issued by the court or other body that issued the relevant act.

The bailiff, within three days from the date of receipt of the enforcement document, issues a decision to initiate enforcement proceedings. The said Resolution establishes a period for voluntary fulfillment of the requirements contained therein, which cannot exceed five days from the date of initiation of enforcement proceedings, and notifies the debtor of forced execution specified requirements upon expiration of the established period, with the collection of enforcement fees and expenses for carrying out enforcement actions.

A copy of the resolution to initiate enforcement proceedings no later than the next day after the day of its issuance is sent to the claimant, the debtor, as well as to the court or other body that issued the enforcement document.

In order to ensure the execution of the writ of execution for property penalties, at the request of the recoverer, the bailiff, simultaneously with issuing a resolution to initiate enforcement proceedings, has the right to make an inventory of the debtor's property and seize it, as indicated in this resolution.

The parties have 10 days to appeal the decision to initiate enforcement proceedings.

In accordance with Article 6 of Federal Law N 119-FZ, a writ of execution for the collection of funds can be sent by the collector directly to a bank or other credit institution, but provided that the collector has information about the debtor’s accounts there and the availability of funds on them. If he does not have such information, then the writ of execution is sent directly to the bailiff.

A bank or other credit organization servicing the debtor's accounts, within three days from the date of receipt of the writ of execution from the claimant or bailiff, fulfills the requirements contained in the writ of execution for the collection of funds or makes a note of complete or partial non-fulfillment of these requirements due to the absence there are funds in the debtor's accounts sufficient to satisfy the stated requirements.

For “disobedience” the bank or credit institution will be punished. From January 1, 2008, they face the imposition of an administrative fine in the amount of half of the amount of money to be recovered from the debtor, but not more than one million rubles.

Let us recall the procedure for foreclosure on funds and other property of the debtor. Thus, in accordance with Article 46 of Federal Law No. 119-FZ, foreclosure on the debtor’s property consists of its arrest (inventory), seizure and enforcement. Collection under enforcement documents is addressed primarily to the debtor’s funds in rubles and foreign currency and other valuables, including those located in banks and other credit organizations. Cash found on the debtor is confiscated. If there is information about the debtor's funds and other valuables located in accounts and deposits or stored in banks and other credit organizations, they are seized.

If there is no information about the presence or absence of accounts and deposits in banks and other credit organizations at the debtor organization, the bailiff requests the specified information from the tax authorities. Tax authorities are obliged to provide the bailiff with the necessary information within three days. The same information can be provided to the recoverer upon his application if he has writ of execution with an unexpired statute of limitations.

If the debtor does not have funds sufficient to satisfy the claims of the claimant, the foreclosure is applied to other property belonging to the debtor, with the exception of property that cannot be foreclosed on in accordance with federal law.

The debtor has the right to indicate those types of property or items that should be foreclosed on first. The final order of foreclosure on funds and other property of the debtor is determined by the bailiff.

Execution on the debtor's property, including cash and other valuables in cash or in accounts and deposits or in storage in banks and other credit organizations, is applied in the amount and volume that are necessary for the execution of the writ of execution, taking into account the collection enforcement fees and expenses for carrying out enforcement actions.

In the case where the debtor has property that belongs to him by right common property, the penalty is applied to his share, determined in accordance with federal law.

Please note that on February 1, 2008, the new Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” comes into force.

Full text of Art. 17.14 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 17.14 of the Code of Administrative Offenses of the Russian Federation.

2. Failure by a bank or other credit organization to fulfill the requirement contained in an executive document to collect funds from the debtor -
entails the imposition of an administrative fine on a bank or other credit organization in the amount of half of the amount of money to be recovered from the debtor, but not more than one million rubles.

(Part additionally included from October 21, 2009 by Federal Law of July 19, 2009 N 205-FZ)
3. Violation by a person who is not a debtor of the legislation on enforcement proceedings, expressed in failure to comply with the legal requirements of the bailiff, refusal to receive confiscated property, provision of false information about the property status of the debtor, loss of the writ of execution, untimely dispatch of the writ of execution, failure to fulfill the requirements of the writ of execution document, including those received from the claimant, -
(Paragraph as amended, put into effect on March 20, 2015 by Federal Law of March 8, 2015 N 57-FZ.

(The article was additionally included from February 1, 2008 by Federal Law of October 2, 2007 N 225-FZ)

Commentary on Article 17.14 of the Code of Administrative Offenses of the Russian Federation

1. This article provides for administrative liability for offenses that infringe on institutions state power. Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” determines the conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose on individuals, legal entities, The Russian Federation, constituent entities of the Russian Federation, municipalities are obliged to transfer funds and other property to other citizens, organizations or the relevant budgets, or to perform certain actions in their favor or to refrain from performing certain actions.

In accordance with Art. 48 of the above Law, the parties to enforcement proceedings are the claimant and the debtor. The debtor, based on clause 4 of Art. 49 of the Law, there may be a citizen or organization obligated by an executive document to perform certain actions (transfer funds and other property, fulfill other obligations or prohibitions provided for by the executive document) or to refrain from performing them.

When performing enforcement actions, the parties have certain rights and also bear responsibilities: to comply with the requirements of the legislation of the Russian Federation on enforcement proceedings.

2. Responsibilities for the execution of judicial acts and acts of other bodies provided for by the Federal Law “On Enforcement Proceedings” are assigned to bailiffs, whose activities are regulated by the above Law.

In the process of forced execution of judicial acts and acts of other bodies, the bailiff has the right to receive the necessary information, explanations and certificates; to check with employers the execution of enforcement documents for debtors working for them and the maintenance of financial documentation for execution specified documents; give citizens and organizations participating in enforcement proceedings instructions on the implementation of specific enforcement actions; enter premises and storage facilities occupied by debtors or belonging to them, inspect said premises and storage facilities, and, if necessary, open them, as well as a number of other powers.

The requirements of the bailiff are mandatory for all bodies, organizations, officials and citizens on the territory of the Russian Federation. Information, documents and their copies necessary for the bailiffs to carry out their functions are provided upon their request free of charge and within the time period established by them.

3. Collection under enforcement documents is applied primarily to the debtor’s funds in rubles and foreign currency and other valuables, including those located in banks and other credit organizations.

Tax authorities are obliged to provide the bailiff with the necessary information within three days.

4. Part 2 of the commented article provides for administrative liability in the form of a fine, which is imposed on a bank or other credit organization that does not comply with the requirements contained in the executive document to collect funds from the debtor.

Persons who are not debtors, but due to their official duties must fulfill the legal requirements of the bailiff, receive confiscated property, provide reliable information about the debtor’s property status, treat the writ of execution with care, send it in a timely manner, may be brought to administrative liability under Part 3 of the commented article in cases of violation of the above obligations.

5. C objective side the offenses in question can be expressed both in actions and inactions that entail a violation of the legislation on enforcement proceedings.

6. In accordance with Part 2 of Art. 73.1 of the Federal Law “On Enforcement Proceedings”, within three days from the date of receipt of the writ of execution from the claimant or bailiff, the person who records the debtor’s rights to equity securities fulfills the requirements of the writ of execution on debiting from the personal account or from the debtor’s securities account and crediting to the personal account or securities account of the claimant of the issue-grade securities or makes a note about the complete or partial failure to fulfill the specified requirements due to the absence of issue-grade securities in the debtor's accounts sufficient to satisfy the claims of the claimant. Exceptions to the above general rule and the features of its application are also provided for in Art. 73.1 of the Federal Law "On Enforcement Proceedings".

Administrative liability for failure to comply with these requirements is provided for in Part 2.1 of the commented article.

The objective side of the administrative offense under Part 2.1 is failure to comply within three days, unless another period is established by Art. 73.1 of the Federal Law “On Enforcement Proceedings”, the requirements of the enforcement document on debiting from the debtor’s personal account or securities account and crediting equity securities to the collector’s personal account or securities account if they are available on the debtor’s corresponding account.

7. The subjects of liability under Part 1 of this article are citizens, officials, and legal entities; under Part 2 - banks or credit organizations; under Part 2.1 - legal entities specified in the disposition of this part. Part 3 of this article specifically identifies as subjects of liability a bank or other credit organization that does not comply with the requirements contained in the executive document to collect funds from the debtor.

8. The subjects of administrative liability under Part 2.1 of the commented article are legal entities - issuers of securities and professional participants in the securities market.

9. C subjective side This offense is characterized by intent or negligence, for example when we're talking about about the loss of the writ of execution.

10. Cases of administrative offenses provided for in parts 1 and 3 of this article are considered by officials federal body executive power authorized to carry out the function of compulsory execution of executive documents (Article 23.68). Such a body is now federal Service bailiffs. Bailiffs have the right to consider these cases on behalf of the specified body. In case of commission of these offenses, a protocol on an administrative offense is not drawn up (Article 28.6).

Cases of administrative offenses provided for in Parts 2 and 2.1 of the commented article are considered by judges of arbitration courts (Parts 1 and 3 of Article 23.1) on the basis of protocols drawn up by bailiffs (Clause 77, Part 2 of Art. 28.3).

Consultations and comments from lawyers on Article 17.14 of the Code of Administrative Offenses of the Russian Federation

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Failure to comply with the legal requirements of a member of the Federation Council or a deputy of the State Duma

1. Failure by an official of a state body, local government body, organization or public association to comply with the legal requirements of a member of the Federation Council or a deputy of the State Duma or creating obstacles in the implementation of their activities -

2. Failure by an official to comply with the established deadlines for providing information (documents, materials, responses to requests) to a member of the Federation Council or a deputy of the State Duma -

(as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.2. Obstruction of the legitimate activities of the Commissioner for Human Rights in the Russian Federation

(as amended by Federal Law dated July 24, 2007 N 204-FZ)

1. Interference in the activities of the Commissioner for Human Rights in the Russian Federation with the aim of influencing his decisions -

2. Failure by officials to fulfill the legal requirements of the Commissioner for Human Rights in the Russian Federation, as well as failure by officials to fulfill the duties established by the Federal constitutional law dated February 26, 1997 No. 1-FKZ "On the Commissioner for Human Rights in the Russian Federation" -

shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

3. Obstructing the activities of the Commissioner for Human Rights in the Russian Federation in any other form -

Article 17.2.1. Obstruction of the legitimate activities of the Commissioner under the President of the Russian Federation for Children's Rights

(introduced by Federal Law dated December 3, 2011 N 378-FZ)

1. Interference in the activities of the Commissioner for Children’s Rights under the President of the Russian Federation in order to influence his decision -

shall entail the imposition of an administrative fine in the amount of one thousand to two thousand rubles.

2. Failure by officials to comply with the legal requirements of the Commissioner under the President of the Russian Federation for Children’s Rights -

shall entail the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

3. Obstructing the activities of the Commissioner under the President of the Russian Federation for Children’s Rights in any other form -

shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

Article 17.2.2. Obstruction of the legal activities of the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs

(introduced by Federal Law dated November 2, 2013 N 294-FZ)

1. Interference in the activities of the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs in order to influence his decisions -

shall entail the imposition of an administrative fine in the amount of one thousand to two thousand rubles.

2. Failure by officials to comply with the legal requirements of the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs or obstruction of his activities in any other form -

shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand rubles.

3. Failure by officials to comply with established deadlines for providing information (documents, materials, responses to requests) to the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs -

shall entail the imposition of an administrative fine in the amount of one thousand to two thousand rubles.

4. Repeated commission of an administrative offense provided for in parts 1 - 3 of this article within a year -

entails disqualification for a period of six months to one year.

Article 17.3. Failure to comply with the order of a judge or bailiff to ensure the established procedure for the activities of courts

1. Failure to comply with a lawful order of a judge to stop actions that violate the rules established in court, -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for a term of up to fifteen days. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

2. Failure to comply with a legal order of a bailiff to ensure the established procedure for the activities of courts to terminate actions that violate the rules established in court - (as amended by Federal Law No. 78-FZ of June 3, 2006)

Article 17.4. Failure to take measures based on a private ruling of the court or on the proposal of a judge

Failure by an official to consider a private court ruling or a judge’s presentation or failure to take measures to eliminate violations of the law specified in the ruling or presentation -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.5. Obstructing the appearance of a juror in court (as amended by Federal Law No. 344-FZ of December 2, 2013)

Obstruction by the employer or a person representing him from the appearance of a juror in court to participate in the trial - (as amended by Federal Law No. 344-FZ of December 2, 2013)

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.6. Failure to provide information for compiling lists of jurors

Failure to provide information necessary to the district, city, regional or regional administration for compiling lists of jurors, as well as the provision of knowingly incorrect information by a person entrusted with the obligation to provide such information -

shall entail a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.7. Failure to comply with the legal requirements of a prosecutor, investigator, inquiry officer or official conducting proceedings in a case of an administrative offense

Intentional failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official conducting proceedings in a case of an administrative offense -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated April 5, 2013 N 58-FZ)

Article 17.8. Obstructing the lawful activities of a bailiff

(title of the article as amended by Federal Law dated 03.06.2006 N 78-FZ)

Obstructing the lawful activities of a bailiff while on duty - (as amended by Federal Law No. 78-FZ of June 3, 2006)

Article 17.8.1. Illegal use of the words “bailiff”, “bailiff” and phrases formed on their basis

(introduced by Federal Law dated December 6, 2011 N 410-FZ)

Illegal use by a legal entity or individual entrepreneur in its name the words “bailiff” or “bailiff” and phrases formed on their basis -

entails the imposition of an administrative fine on an individual entrepreneur in the amount of forty thousand to fifty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles.

Article 17.9. Knowingly false testimony of a witness, explanation of a specialist, expert opinion or deliberately incorrect translation

Knowingly false testimony of a witness, explanation of a specialist, expert opinion or deliberately incorrect translation in proceedings on an administrative offense or in enforcement proceedings - (as amended by Federal Law of October 2, 2007 N 225-FZ)

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.10. Violation of the procedure for the official use of state symbols of the Russian Federation

(Article 17.10 as amended by Federal Law No. 197-FZ dated November 8, 2008)

Violation of the procedure for the official use of the State Flag of the Russian Federation, the State Emblem of the Russian Federation or the State Anthem of the Russian Federation -

entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from five thousand to seven thousand rubles; for legal entities - from one hundred thousand to one hundred fifty thousand rubles. (as amended by Federal Law dated May 19, 2010 N 88-FZ)

Article 17.11. Illegal wearing of state awards

1. Wearing an order, medal, breastplate for an honorary title, insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or medal ribbons on bars by a person who does not have the right to do so -

shall entail a warning or the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles with confiscation of the order, medal, badge for an honorary title, insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or medal ribbons on bars. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated May 19, 2010 N 88-FZ)

2. Establishment or production of signs that have a similar name or external resemblance to state awards -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles with confiscation of signs; for officials - from four thousand to five thousand rubles with confiscation of signs; for legal entities - from eighty-five thousand to one hundred thousand rubles with confiscation of signs. (as amended by Federal Law dated May 19, 2010 N 88-FZ)

Article 17.12. Illegal wearing of uniforms with insignia, symbols of state paramilitary organizations, law enforcement or regulatory authorities

1. Illegal carrying uniforms with insignia, with symbols of state paramilitary organizations, law enforcement or regulatory authorities -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles with confiscation of uniforms, insignia, symbols of state paramilitary organizations, law enforcement or regulatory authorities. (as amended by Federal Law No. 116-FZ dated June 22, 2007, No. 88-FZ dated May 19, 2010)

2. The same actions committed by a person who has a special permit (license) to carry out private detective or security activities, in connection with the implementation of this activity, -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred to two thousand five hundred rubles with confiscation of uniforms, insignia, symbols of state paramilitary organizations, law enforcement or regulatory authorities. (as amended by Federal Law No. 116-FZ dated June 22, 2007, No. 88-FZ dated May 19, 2010)

Article 17.13. Disclosure of Security Information

Disclosure of information about security measures taken in relation to an official of a law enforcement or regulatory body or in relation to his relatives -

entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 17.14. Violation of legislation on enforcement proceedings

2-1. Failure to comply with the requirements contained in the executive document to write off the debtor's personal account or securities account and credit the collector's personal account or securities account with equity securities if there are securities in the corresponding account of the debtor by the issuer, which independently carries out the activities of maintaining the register of owners of equity securities, a professional participant securities market that records rights to issue-grade securities owned by the debtor -

2. Failure by a bank or other credit organization to fulfill the requirement contained in an executive document to collect funds from the debtor -

(Part two.1 introduced by Federal Law of July 19, 2009 N 205-FZ)

3. Violation by a person who is not a debtor of the legislation on enforcement proceedings, expressed in failure to comply with the legal requirements of a bailiff, refusal to receive confiscated property, provision of false information about the property status of the debtor, loss of a writ of execution, untimely dispatch of a writ of execution, -

Article 17.15. Failure to comply with non-property requirements contained in the executive document

(introduced by Federal Law dated October 2, 2007 N 225-FZ)

1. Failure by the debtor to fulfill the requirements of a non-property nature contained in the executive document within the period established by the bailiff after the issuance of a decision to collect the enforcement fee - (as amended by Federal Law dated 04/21/2011 N 71-FZ)

2. Failure by the debtor to fulfill the requirements of a non-property nature contained in the executive document within the period newly established by the bailiff after the imposition of an administrative fine -

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Article 17.2. Obstruction of the legitimate activities of the Commissioner for Human Rights in the Russian Federation

Article 17.2.1. Obstruction of the legitimate activities of the Commissioner under the President of the Russian Federation for Children's Rights

Article 17.2.2. Obstruction of the legal activities of the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs

Article 17.3. Failure to comply with the order of a judge or bailiff to ensure the established procedure for the activities of courts

Article 17.4. Failure to take measures based on a private ruling of the court or on the proposal of a judge

Article 17.5. Obstructing the appearance of a juror in court (as amended by Federal Law No. 344-FZ of December 2, 2013)

Article 17.6. Failure to provide information for compiling lists of jurors

Article 17.7. Failure to comply with the legal requirements of a prosecutor, investigator, inquiry officer or official conducting proceedings in a case of an administrative offense

Article 17.8. Obstructing the lawful activities of a bailiff

Article 17.8.1. Illegal use of the words “bailiff”, “bailiff” and phrases formed on their basis

Article 17.9. Knowingly false testimony of a witness, explanation of a specialist, expert opinion or deliberately incorrect translation

Article 17.10. Violation of the procedure for the official use of state symbols of the Russian Federation

Article 17.11. Illegal wearing of state awards

Article 17.12. Illegal wearing of uniforms with insignia, symbols of state paramilitary organizations, law enforcement or regulatory authorities

Article 17.13. Disclosure of Security Information

Article 17.14. Violation of legislation on enforcement proceedings

Article 17.15. Failure to comply with non-property requirements contained in the executive document