47 of the Law on Enforcement Proceedings. The order of the end of enforcement proceedings

In Art. 47, part 1, paragraph 1 on enforcement proceedings, the reasons for which performance list may be closed. Due to the fact that in 2016 Federal Law No. 229 was updated, this article should be considered in more detail.

In this review, article 47 will be disclosed, from which the reader will learn the grounds for termination in enforcement proceedings, as well as what this threatens the defendants in the case.

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Guided by this article of the current Federal law number 229, the grounds for terminating the fulfillment of the requirements specified in the executive documents are:

The claims of the recoverer were satisfied in full (clause 1 of Art. No. 47).
The IL was actually executed at the expense of one or other persons with debts specified in the documents as joint payers (clause 1, clause 2).
Return of IL, in accordance with Art. No. 46 of the Federal Law No. 229 (clause 1 of clause 3).
Return enforcement proceedings based on requirements judicial authority or another person who issued the document for execution (clause 1, clause 4).

Sub-clause 5 of clause No. 1 of Article No. 47 is no longer relevant, since lost its legal force.

Additional reasons for the termination of enforcement proceedings are the bankruptcy of the debtor as natural person and legal. More on this on the page:

On liquidation of the organization entity sends documents to a special commission with the attachment of documents for collection. An exception is the writ of execution, which appears in Part 4 of Art. No. 90 of this Law (Clause 1, Clause 6).
Enforcement proceedings are also closed if the debtor was declared bankrupt and documents were sent to the receiver from the arbitration (clause 1, clause 7).
This article, in accordance with federal laws, regulates the sending of a copy of the documentation to the institution for withholding payments of periodic value and established in the IL (clause 1 of clause 8).

In addition, the Federal Law indicates that after the statute of limitations for the execution of a specific act of the court expires, the actions for enforcement proceedings must be completed, regardless of actual execution claims of the claimant (Article 47, Clause 1, Clause 9).

IL closure procedure

The issuance of a resolution, according to the current legislation of the Russian Federation, is not yet the completion of the procedure. In view of this, guided by the articles specified in this review, the FSSP inspector, when closing the enforcement proceedings, must:

Make a mark in the documents about full implementation specified requirements by the recoverer in the IL or give a link to the laws or areas of the articles on the basis of which he makes such a decision (Article 47 clause 2). If the documentation was returned to the creditor, guided by the laws in Art. No. 46, then the bailiff sets a mark that makes it clear the grounds for the return, as well as the time within which the collection was made, the amounts received from the debtor or collected by another method and a note on full or partial fulfillment of the requirements. The original IL in the cases specified in clauses 1, 2, 8, 9 of this article must be left in the finished form. In all other situations, the FSSP employee leaves copies.
According to the laws, that the IL is closed, it is necessary for authorized persons to make an appropriate resolution. It must contain a list of requirements, the level of payment (full, partial). If we are talking about the solidarity method of collection, then the bailiff is obliged to register: the name of the payer, the amount of deductions and the date (clause 3).
The resolution, which testifies to the completion of actions on the writ of execution, must contain an indication of the cancellation of search measures for the debtor and property, search measures for children under 18 years of age, as well as other restrictions, incl. to travel outside Russia, the use of other rights and other prohibitions associated with this enforcement proceedings and imposed on the person in the course of its execution (clause 4).
In a situation where, upon completion of the main proceedings, on the basis of the IL, an additional one is initiated, based on part 7 of this article, then those restrictive measures that were imposed on the debtor during the proceedings must be retained in the amount that is necessary to fulfill new IL (item 5).
The bailiff makes copies of the order for each person involved in the case. The fact that the execution of the proceedings is over, the FSSP employee sends a notification no later than the next day following the date of the order. The mailing of letters is carried out to the address of the collecting party and the debtor; to the authorities judiciary or authorized person that issued the real IL; to a banking institution or other organization that fulfilled the requirement to collect debt from the debtor and / or his property; to the institution or other body that was engaged in the search for the person with debt, as well as his property, search activities children under 18 years of age (clause 6 of Article 47).

The final point of this article is No. 9, indicating the period of presentation of the IL for the execution of the decision on the end of production.

So, it can be blocked by a superior official (the head of the FSSP bailiff), as well as by a person replacing the chief both on personal initiative and at the request of the claiming party in the case when it is necessary to repeat the requirements specified in the writ of execution, including ... the legality of enforced collection from the debtor.

Thus, the bailiff, upon completion of actions on the IL, undertakes to comply with the above requirements governing the procedure. In his actions, he must be guided by the legislation of the Russian Federation, Federal laws and regulations.

1. Enforcement proceedings are ending bailiff- by the performer in cases:

1) the actual fulfillment of the requirements contained in the executive document;

2) the actual execution, at the expense of one or several debtors, of the claim for solidarity collection contained in the documents of execution, combined into the consolidated enforcement proceedings;

3) return to the claimant executive document on the grounds provided for in Article 46 of this Federal Law;

4) return of the executive document at the request of the court, other body or official who issued the executive document;

6) liquidation of the debtor-organization and sending the executive document to the liquidation commission (liquidator), with the exception of executive documents specified in part 4 of Article 96 of this Federal Law;

7) declaring the debtor bankrupt and sending the executive document to the arbitration manager, except for the executive documents specified in part 4 of Article 69.1 and part 4 of Article 96 of this Federal Law;

8) sending a copy of the executive document to the organization for withholding periodic payments established by the executive document;

9) expiration of the statute of limitations for performance judicial act, an act of another body or official in the case of administrative offense(subject to the provisions provided for by Part 9 of Article 36 of this Federal Law) regardless of the actual execution of this act.

2. In the writ of execution, the bailiff-executor makes a note on the full execution of the requirement of the executive document or indicates the part in which this requirement is fulfilled. In the event of the end of the enforcement proceedings in connection with the return of the executive document to the recoverer on the grounds provided for in Article 46 of this Federal Law, the bailiff-executor shall make a mark in the executive document indicating the grounds on which the executive document is returned to the recoverer and the period during which the executive order was carried out. production, as well as the recovered amount, if there was a partial performance. The original of the enforcement document in the cases provided for by paragraphs 1, 2, 8 and 9 of part 1 of this article remains in the completed enforcement proceedings. In other cases, a copy of the court order remains in the completed enforcement proceedings.

3. 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. 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.

4. In the resolution on the end of the enforcement proceedings, with the exception of the end of the enforcement proceedings under the executive document on interim measures, measures of preliminary protection, the search for the debtor, his property, the search for the child, as well as the restrictions imposed on the debtor, including restrictions on leaving Russian Federation, for use special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

5. If, after the end of the main enforcement proceedings, enforcement proceedings are initiated, foreseen by part 7 of this article, then the restrictions established for the debtor in the course of the main enforcement proceedings are retained by the bailiff-executor in the amounts necessary for the execution of the newly initiated enforcement proceedings.

6. Copies of the decision of the bailiff-executor on the end of the enforcement proceedings no later than the day following the day of its issuance shall be sent to:

1) the recoverer and the debtor;

2) to a court, another body, or official who issued the executive document;

3) to the bank or other credit organization, another organization or body that fulfilled the requirements for the establishment of restrictions in relation to the debtor and (or) his property;

4) to the organization or body that carried out the search for the debtor, his property, and the search for the child.

7. Simultaneously with the issuance of a decision on the end of the main enforcement proceedings, with the exception of the end of enforcement proceedings on the grounds established by paragraph 3 or 4 of part 1 of Article 46 of this Federal Law or paragraph 4, 6 or 7 of part 1 of this article, the bailiff-executor shall initiate an enforcement Proceedings under unfulfilled in whole or in part 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. The resolution on the initiation of such enforcement proceedings shall be sent together with the resolution on the end of the main enforcement proceedings, with the exception of the end of the enforcement proceedings on the grounds established by paragraph 3 or 4 of part 1 of Article 46 of this Federal Law or paragraph 4, 6 or 7 of part 1 of this article, to the debtor, and, if necessary, to other persons.

8. Upon the completed enforcement proceedings on the collection of periodic payments, the bailiff is entitled to perform the enforcement actions provided for by paragraph 16 of Part 1 of Article 64 of this Federal Law, independently or in the manner prescribed by established by part 6 of Article 33 of this Federal Law.

9. During the period of submission of a writ of execution for execution, the decision of the bailiff-executor on the end of the enforcement proceedings may be canceled by the senior bailiff or his deputy on his own initiative or at the request of the claimant if it is necessary to re-perform the enforcement actions and apply, including repeated, measures compulsory execution.

Article 47. End of enforcement proceedings

1. Enforcement proceedings shall be terminated by the bailiff-executor in the following cases:

3) return to the recoverer of the court order on the grounds provided for in Article 46

Return of the executive document at the request of the court, other body or official who issued the executive document;

8) sending a copy of the executive document to the organization for withholding periodic payments established by the executive document;

9) the expiration of the limitation period 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 this Federal Law), regardless of the actual execution of this act.

2. In the writ of execution, the bailiff-executor makes a note on the full execution of the requirement of the executive document or indicates the part in which this requirement is fulfilled. In the event of the end of the enforcement proceedings in connection with the return of the executive document to the recoverer on the grounds provided for in Article 46 of this Federal Law, the bailiff-executor makes a mark in the executive document indicating the grounds on which the executive document is returned to the recoverer and the period during which the executive order was carried out. production, as well as the recovered amount, if there was a partial performance. The original of the enforcement document in the cases provided for by clauses 1 and 9 of part 1 of this article remains in the completed enforcement proceedings. In other cases, a copy of the court order remains in the completed enforcement proceedings.

4. In the resolution on the end of the enforcement proceedings, with the exception of the end of the enforcement proceedings under the executive document on interim measures, preliminary protection measures, the search for the debtor, his property, the search for the child, as well as the restrictions imposed on the debtor, including restrictions on leaving the Russian Federation, are canceled. Federation, to use the special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

5. If, after the end of the main enforcement proceedings, enforcement proceedings are initiated, provided for in part 7 of this article, then the restrictions established for the debtor in the course of the main enforcement proceedings are retained by the bailiff-executor in the amounts necessary for the execution of the newly initiated enforcement proceedings.

6. Copies of the decision of the bailiff-executor on the end of the enforcement proceedings no later than the day following the day of its issuance shall be sent to:

1) the recoverer and the debtor;

2) to the court, other body or official who issued the enforcement document;

3) to a bank or other credit organization, another organization or body that fulfilled the requirements for establishing restrictions in relation to the debtor and (or) his property;

4) to the organization or body that carried out the search for the debtor, his property, and the search for the child.

7. Simultaneously with the issuance of a resolution on the termination of the main enforcement proceedings, with the exception of the end of enforcement proceedings on the grounds established by paragraph 3 or 4 of part 1 of Article 46 of this Federal Law or paragraph 4 or 7 of part 1 of this article, the bailiff initiates enforcement proceedings on unfulfilled in whole or in part 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. The decision on the initiation of such enforcement proceedings shall be sent together with the decision on the termination of the main enforcement proceedings to the debtor, and, if necessary, to other persons.

8. Upon the completed enforcement proceedings on the collection of periodic payments, the bailiff is entitled to perform the enforcement actions provided for by Clause 16 of Part 1 of Article 64 of this Federal Law, independently or in the manner prescribed by Part 6 of Article 33 of this Federal Law.

Article 47. End of enforcement proceedings

The commented article establishes an exhaustive list of grounds for the termination of enforcement proceedings.

The end of the enforcement proceedings is the completion of the previously initiated enforcement proceedings in the structural unit territorial body bailiff services.

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

1) the actual fulfillment of the requirements contained in the executive document. In this case, when deciding on the end of the enforcement proceedings, the bailiff-executor must establish that the requirement contained in the enforcement document has been fulfilled in full. For example, the amount to be collected was paid by the debtor in full, and this fact was documented - the bailiff-executor was presented with the corresponding receipt of payment, a copy of which was attached to the materials of the enforcement proceedings;

2) the actual execution, at the expense of one or several debtors, of the claim for solidarity collection contained in the court order. Consolidated enforcement proceedings on joint collection shall be terminated in the event of full repayment of the debt under the executive document. In this case, it does not matter what amount is collected from each of the debtors, since the fulfillment of the joint obligation in full by one of the debtors frees the rest of the debtors from the performance of the creditor. In this case, the debtor who has paid the debt in whole or in its most part, has the right to demand compensation for damage from other debtors in a recourse procedure;

3) return to the recoverer of the court order on the grounds established by Art. 46 of the Law on Enforcement Proceedings. This article allows the end of the enforcement proceedings and the return of the writ of execution to the recoverer in the case when the collection under the executive document was not carried out or was carried out in part (see the commentary to Art. 46);

4) return of the executive document at the request of the court, other body or official who issued the executive document. The decision to end the enforcement proceedings is taken by the bailiff-executor on the grounds written requirement these persons... For example, part 4 of Art. 428 of the Code of Civil Procedure provides that a writ of execution issued before the entry into force of court order, except in cases immediate execution, is null and void and subject to revocation by the court that issued the judgment;

5) the direction of the executive document from one unit of bailiffs to another. Enforcement proceedings may be transferred from one structural subdivision of the territorial body of the bailiff service to another in the cases provided for in Art. 33 and 34 of the Law on Enforcement Proceedings (see comments to these articles);

6) the liquidation of the debtor-organization and the direction of the executive document to the liquidation commission (liquidator), with the exception of the executive documents specified in part 4 of Art. 96 of the Law on Enforcement Proceedings. In this case, executive documents on the recognition of ownership, compensation are not subject to transfer to the liquidation commission (liquidator) moral harm, on the reclamation of property from someone else's illegal possession, on the application of the consequences of the invalidity of transactions, as well as on the collection of debts for current payments;

7) 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 of the Law on Enforcement Proceedings, the list of which is given above in paragraph 6 of the commentary to this article;

8) sending a copy of the executive document to the organization for withholding periodic payments established by the executive document. The commented paragraph for the first time provides that if it is necessary to fulfill the requirements of the executive document at the place of work of the debtor, an appropriate resolution of the bailiff and a copy of the executive document is sent to the organization or the person making the deductions from the execution wages. At the same time, in the decision on the termination of the enforcement proceedings, the bailiff-executor must provide the most comprehensive instructions on the execution of the requirements of the enforcement documents. According to clause 16, part 1 of Art. 64 of the Law on Enforcement Proceedings, the bailiff-executor has the right to check the correctness of the withholding and transfer Money by a judicial act, an act of another body or official at the request of the claimant or on his own initiative. When conducting such an audit, an organization or other person who pays the debtor wages are obliged to submit to the bailiff-executor the corresponding accounting and other documents. Such a check can be carried out in the manner prescribed by Part 6 of Art. 33 of the Law on Enforcement Proceedings.

It should be noted that the Law on Enforcement Proceedings remained unresolved issues about legal implications the return from the debtor's place of work of an executive document, according to which deductions from wages were made in full, as well as an executive document, the requirements of which were not fully satisfied in connection with the debtor's dismissal.

It seems that the mechanism of actions of the bailiff-executor in the cases under consideration should be as follows.

In the case of the return of the decision of the bailiff-executor with a copy of the executive document, the deductions on which were made in full, the bailiff-executor shall attach these documents to the materials of the relevant enforcement proceedings. The issuance of additional orders of the bailiff-executor on the issues of enforcement proceedings in this case is not required.

In case of receipt of an executive document, the requirements of which have not been fully fulfilled, the execution of this executive document must be carried out in the manner prescribed by part 9 of the commented article.

Moreover, by virtue of the provisions of Art. 98 of the Law on Enforcement Proceedings, this enforcement document can be submitted for execution both from the claimant and from the person who pays the wages to the debtor. In cases where the writ of execution is returned to the relevant structural subdivision the territorial body of the bailiff service by the person who pays the debtor wages, the claimant's statement, provided for in Art. 30 of the Law on Enforcement Proceedings is not required;

9) the 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 Law on Enforcement Proceedings), regardless of the actual execution of this act.

In the cases provided for in clauses 1, 2, 8 and 9 of part 1 of the commented article, the original of the enforcement document remains in the materials of the enforcement proceedings.

In other cases, a copy of the court order remains in the completed enforcement proceedings.

A resolution is issued on the end of the enforcement proceedings, in which information on the results of the execution of the enforcement document must be indicated.

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.

In the decision on the termination of the enforcement proceedings, all previously established restrictions and enforcement measures are canceled.

Upon completion of enforcement proceedings in connection with its transfer to another unit of bailiffs on the grounds established by the Law on Enforcement Proceedings, the cancellation of the search for the debtor, his property, the search for the child, as well as the restrictions established for the debtor may not be carried out. The powers to cancel the search, as well as to change and cancel the restrictions, are transferred to the bailiff, to whom the enforcement proceedings have been transferred.

In addition, if, after the end of the main enforcement proceedings, enforcement proceedings are initiated, provided for in Part 7 of the commented article, then the restrictions established for the debtor in the course of the main enforcement proceedings remain in the amounts necessary for the execution of the new proceedings.

Copies of the resolution, no later than the day following the day of its issuance, are sent to:

To the parties to the enforcement proceedings, to a court, another body or an official who issued the enforcement document (without fail);

To a bank or other credit organization, another organization or body that fulfilled the requirements for setting restrictions on the debtor and (or) his property, to the organization or body that carried out the search for the debtor, his property, and the search for the child (if such a need exists).

Simultaneously with the issuance of an order on the termination of the main enforcement proceedings, the bailiff initiates enforcement proceedings on not fully or partially executed orders to recover from the debtor the costs of performing enforcement actions, enforcement fees and fines imposed by the bailiff in the process of executing the enforcement document.

The decision on the initiation of such enforcement proceedings shall be sent together with the decision on the termination of the main enforcement proceedings to the debtor, and, if necessary, to other persons.

In order to ensure the most complete and correct execution of the requirements of the executive document, the commented article provides for provisions according to which, during the period for the submission of the executive document for execution, the decision of the bailiff-executor to terminate the enforcement proceedings may be canceled by the senior bailiff on his own initiative or at the request of the claimant if it is necessary to repeat enforcement actions and apply, including repeated, measures of compulsory execution. Such a mechanism can be used mainly for enforcement proceedings on moving in, not obstructing the use of premises, etc.

1. Enforcement proceedings shall be terminated by the bailiff-executor in the following cases:

1) the actual fulfillment of the requirements contained in the executive document;

4) return of the executive document at the request of the court, other body or official who issued the executive document;

5) (Clause 5 became invalid on the basis of Federal Law No. 389-FZ of December 3, 2011 - Collected Legislation of the Russian Federation, 2011, No. 49, Art. 7067)

6) liquidation of the debtor-organization and sending the executive document to the liquidation commission (liquidator), except for the executive documents specified in part 4;

8) sending a copy of the executive document to the organization for withholding periodic payments established by the executive document;

9) the expiration of the limitation period for the execution of a judicial act, an act of another body or official in a case of an administrative offense (subject to the provisions provided for in part 9), regardless of the actual execution of this act.

2. In the writ of execution, the bailiff-executor makes a note on the full execution of the requirement of the executive document or indicates the part in which this requirement is fulfilled. The original of the enforcement document in the cases provided for by paragraphs 1, 2, 8 and 9 of part 1 of this article remains in the completed enforcement proceedings. In other cases, a copy of the executive document remains in the completed enforcement proceedings (as amended by Federal Law No. 196-FZ of July 11, 2011 - Collected Legislation of the Russian Federation, 2011, No. 29, Art. 4287).

4. In the resolution on the end of the enforcement proceedings, with the exception of the end of the enforcement proceedings under the executive document on interim measures, the search for the debtor, his property, the search for the child, as well as the restrictions imposed on the debtor, including restrictions on leaving the Russian Federation and restrictions on rights, are canceled. the debtor on his property (as amended by the Federal Law of July 11, 2011 N 196-FZ - Collected Legislation of the Russian Federation, 2011, N 29, Article 4287; Federal Law of December 3, 2011 N 389-FZ - Collected Legislation Russian Federation, 2011, N 49, art. 7067).

6. Copies of the decision of the bailiff-executor on the end of the enforcement proceedings no later than the day following the day of its issuance shall be sent to:

1) the recoverer and the debtor;

2) to the court, other body or official who issued the enforcement document;

3) to a bank or other credit organization, another organization or body that fulfilled the requirements for establishing restrictions in relation to the debtor and (or) his property;

4) to the organization or body that carried out the search for the debtor, his property, and the search for the child.

7. Simultaneously with the issuance of an order on the end of the main enforcement proceedings, the bailiff initiates enforcement proceedings on not fully or partially executed 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. The decree on the initiation of such enforcement proceedings is sent together with the decree on the end of the main enforcement proceedings to the debtor, and, if necessary, to other persons Article 4573).

8. Upon the completed enforcement proceedings on the collection of periodic payments, the bailiff is entitled to perform the enforcement actions provided for in paragraph 16 of part 1, independently or in the manner prescribed by part 6.