How to send an executive list to the Treasury? (Debtor on the executive list Federal Tax Service Inn 7707329152).
If the IL is sent, bypassing the baits, that is, directly to the Treasury, then the following rules should be followed.
A copy must be attached to the executive list. judicial act, on the basis of which it issued, as well as a statement of a recoverer, indicating the details of the bank account of the recoverer, to which the funds to be recovered should be listed.
The application is signed by a charter or its representative with an attachment of a power of attorney or a notarized copy of the power of attorney or other document certifying the powers of the representative.
Justification
Budget Code of the Russian Federation
« Article 242.1. General provisions
* Numbering of Article 242.1 Chapter 24.1, additionally included on January 1, 2006 by the Federal Law of December 27, 2005 No. 197-FZ, corresponds to the original.
1. Fulfillment of judicial acts to recover funds for budget system budgets Russian Federation produced in accordance with this Code on the basis of executive documents (executive list, judicial order) indicating the amounts to be charged in the currency of the Russian Federation, as well as in accordance with the established legislation of the Russian Federation, the requirements for executive documents, the timing of the executive documents, the interruption of the deadline for the executive documents, the restoration of the missed deadline for the executive documents.
2. The executive document (with the exception of a court order) sent to the court at the request of the recoverer or the charter itself must be attached a copy of the judicial act, on the basis of which it is issued, as well as a statement of a recoverer indicating the details of the bank account of the recoverer (bank account details The charter upon presentation of the executive document in the manner established by Article 242.2 of this Code), to which the funds to be recovered should be listed.
The application is signed by a charter or its representative with an attachment of a power of attorney or a notarized copy of the power of attorney or other document certifying the powers of the representative.
The duplicate of the executive list is directed to execution along with a copy of the court's identification of its extradition.
Executive document issued on the basis of a judicial act on awarding compensation for violation of the right to legal proceedings in reasonable time Or the right to execute a judicial act within a reasonable time, is sent to the court regardless of the request of the recoverer. A copy of the judicial act must be attached to such an executive document, on the basis of which it is issued. *
3. The basis for returning the recoverer of documents received for execution is:
failure to submit any document specified in paragraph 2 of this article;
the discrepancy between the documents specified in paragraphs 1 and 2 of this article, the requirements established by the Civil Procedure Code of the Russian Federation, the Code of Administrative Disposal of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the legislation of the Russian Federation on enforcement proceedings;
providing documents specified in paragraphs 1 and 2 of this article, to the authority Federal Treasury (financial organ Subject of the Russian Federation, Financial Body municipal Education), in which the personal account of the debtor is not opened;
violation of the statutory document established by the legislation of the Russian Federation;
Paragraph has lost its strength from April 28, 2007 - Federal Law of April 26, 2007 No. 63-FZ - see the previous edition;
representation of the recoverer of the application to revoke the executive document.
3.1. The basis for returning to the court executive documents received for execution is:
submission by the court of a statement (or judicial act) to revoke the executive document;
presentation by the debtor, or a recoverer, or by the court of a document that cancels the judicial act to be executed;
the inability to return documents received for execution, the recoverer.
In case of return to the court of executive documents on the second and third paragraphs of this paragraph, a notification is sent to the reinforcement with the application with the application of all documents received from it.
3.2. The grounds for returning the recovery or to the court of documents received for execution are the impossibility of transfer money According to the details of the bank account specified by the recoverer and (or), the court in the executive document, and the absence within 30 days from the date of the direction of the recovere or to the court of notification of the clarification of the bank account details of the recoverer.
4. The return of the executive document to the recoverer is not an obstacle to the new presentation of the specified document for execution within the period calculated in accordance with the legislation of the Russian Federation.
5. The action (inaction) of organs performing judicial acts in the manner defined by this chapter, or the refusal to commit such actions can be appealed to the recoverer in accordance with the legislation of the Russian Federation. "
The most frequently asked questions and answers to them
Question- Do the federal treasury authorities take the execution of the executive sheet duplicate?
Question- Is there a sample application sent by the recoverer to the federal treasury authorities with the executive document?
Question- What is the procedure for appealing decisions, actions (inaction) of the bodies of the Federal Treasury when conducting work on the recovery of the budgets of the budget system of the Russian Federation?
4.What judicial act (decision of the court of first instance or judicial act of the higher authority) is attached to the executive document sent to the authorities of the Federal Treasury, if there is a judicial act of a higher authority on leaving the decision of the court of first instance?
Answer-In accordance with Art. 242.1 of the Budget Code of the Russian Federation, a copy of the judicial act on the basis of which an executive list was issued to the federal treasury body. In this case, if the decision of the court of first instance was left in power, a copy of the decision of the court of first instance is applied to the executive lest.
5.Is the recoverer after returning the executive documents to the authority of the Federal Treasury on the basis of their inconsistency of the established requirements to reiterate them to execute?
Answer-In accordance with paragraph 4 of Article 242.1 of the Budget Code of the Russian Federation, the return of the executive document to the recoverer is not an obstacle to the new presentation of the specified document for execution within the period calculated in accordance with the legislation of the Russian Federation.
6. Is the right to recoup executive documentaimed at the federal treasury authority?
Answer-Yes, the recoverer is entitled to send a statement of the executive document to the federal treasury body (paragraph 3 of Article 242.1, paragraph 9 of Art. 242.4, paragraph 8 of Art. 242.4, paragraph 8 of Art. 242.5 of the Budget Code of the Russian Federation).
7.What is the procedure for executing judicial acts on claims to the execution of the Russian Federation on compensation for harm caused to a citizen or a legal entity as a result of illegal actions (inaction) of state bodies or officials These bodies, and to award compensation for violation of the right to legal proceedings within a reasonable period or right to fulfill a judicial act within a reasonable period established by the current legislation of the Russian Federation?
Answer-In accordance with paragraph 1 of Art. 242.2 of the Budget Code of the Russian Federation for the execution of judicial acts on clashes to the Russian Federation on compensation for harm caused by illegal actions (inaction) of state bodies of the Russian Federation or their officials, including as a result of the publication government agencies Russian Federation acts that do not meet the law or other regulatory legal Act, as well as judicial acts on other clashes on the recovery of funds at the expense of the treasury of the Russian Federation (with the exception of judicial acts on the recovery of funds in order subsidiary responsibility The main managers of the federal budget regulations), judicial acts on the award of compensation for violation of the right to legal proceedings within a reasonable time or right to fulfill the judicial act within a reasonable period at the expense of the federal budget, the executive documents are sent to the Ministry of Finance of the Russian Federation.
8.
Question - What currency should be indicated in the execution document of the amount to be recovered from budgetary benefits?
Answer - In accordance with paragraph 1 of Article 242.1 of the Budget Code of the Russian Federation and PP.1 of paragraph 20 of Article.30 Federal Law from 08.05.2010 No. 83-FZ "On Amendments to Selected legislative acts Of the Russian Federation due to improving legal status State (municipal) institutions "found that the execution of judicial acts to recover the funds of budget system budgets of the Russian Federation (for funds of budgetary institutions) is made on the basis of executive documents indicating the amounts to be recovered in the currency of the Russian Federation.
9.
Question - Is the notification of the recoverer on the execution of the executive document presented?
Answer - The legislation of the Russian Federation does not provide for the obligation of the federal treasury authority to notify the recoverer on the execution of the executive document.
10.
Question -Is it possible to pay the amounts on the executive sheet in cash?
Answer - In accordance with Art. 242.1 of the Budget Code of the Russian Federation to the executive document (with the exception of a court order) sent to the court at the request of the recoverer or the charter himself, a copy of the judicial act should be attached, on the basis of which it issued, as well as a statement of a recoverer indicating the details of the bank account of the recoverer, To which the means to be recovered should be listed. In accordance with Chapter 24.1 of the Budget Code of the Russian Federation, for the execution of the executive document at the expense of the budget of the budget system of the Russian Federation, the debtor submits to the authority exercising opening and maintaining personal accounts of budgetary institutions, payment order On the listing of funds in the amount of the full or partial execution of the executive document within the remainder of the financing of expenses reflected on its personal budget beneficiary account, according to the relevant codes of the budget classification of the Russian Federation.
In accordance with paragraph 2 of Part 2 of Article 30 of the Federal Law of 08.05.2010 No. 83-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions" to the executive document (except A court order) sent to the court at the request of the recoverer or the charter itself must be attached to the recoverer, indicating the details of the bank account of the recoverer to which the funds to be recovered should be listed.
The above rules of payment of amounts on the actuator sheet in cash is not provided.
11. Question: What documents are represented simultaneously with the executive list to the federal treasury body?
Answer:
1. The list of documents in the appeal of recovery to the funds of budget system budgets of the Russian Federation is provided for in paragraph 2 of Article 242.1 of the Budget Code of the Russian Federation, according to which the executive document (with the exception of a court order), sent to the court at the request of the recoverer or the charter itself, must be attached:
a copy of the judicial act, on the basis of which he issued,
a recoverer's statement indicating the details of the bank account of the charter to which funds to be recovered should be listed.
The application is signed by a charter or its representative with an attachment of a power of attorney or a notarized copy of the power of attorney or other document certifying the powers of the representative.
The duplicate of the executive list is directed to execution along with a copy of the court's identification of its extradition.
2. A list of documentsPrils of the appeal to the funds of budgetary institutions are provided for in paragraph 2 of Part 20 of Article 30 of the Federal Law of 08.05.2010 No. 83-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions" According to which the executive document (with the exception of a court order), sent for execution by the court at the request of the recoverer or the challenger himself, must be applied to the recoverer, indicating the details of the bank account of the recoverer, to which the funds to be recovered should be listed.
The statement is signed by a recoverer or its representative with an attachment of a power of attorney or a notarized copy of a power of attorney certifying the powers of the representative.
3. In accordance with clause 3.19. Articles 2 of the Federal Law of 03.11.2006 No. 174-FZ "On Autonomous Institutions" Addressing autonomous institutions, personal accounts which are open in territorial bodies Federal Treasury, is carried out in a manner similar to the procedure established by part 20 of Article 30 Federal Law of May 8, 2010 N 83-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions" for budgetary institutions.
12.Lock: What are the requirements for executive documents?
Answer:In accordance with Article 13 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings" in the executive document, with the exception of the decision of the bailiff, the court order, the executive inscription of the notary and a notarized agreement on the payment of alimony, should be indicated:
1) the name and address of the court or another body that issued the executive document, the name and initials of the official;
2) the name of the case or materials, on the basis of which the executive document is issued, and their numbers;
3) the date of adoption of the judicial act, the act of another body or an official;
4) the date of entry into force of the judicial act, the act of another body or an official or an indication of the immediate execution;
5) Information about the debtor and the recoverer:
a) for citizens - surname, name, patronymic, place of residence or place of stay, and for the debtor also - date and place of birth, place of work (if it is known) and for the debtor, which is individual entrepreneurAlso - date and place of it state registration as an individual entrepreneur, the taxpayer identification number;
b) for organizations - name, location, the actual address (if known), the date of state registration as legal entity, taxpayer identification number;
c) for the Russian Federation, the subject of the Russian Federation or the Municipal Education - the name and address of the body authorized on their behalf to carry out rights and fulfill the obligations in the executive production;
6) the operative part of the judicial act, the act of another body or an official containing the requirement to impose the responsibility for the debtor on the transfer of funds to the recoverer and other property or in favor of the recoverer of certain actions or abstinence from the commission of certain actions;
7) Date of issuing an executive document.
If before issuing the executive document, a delay or installment of execution is provided, then in the executive document it is indicated, at what time the deadline for the execution of the requirements contained in it begins.
The executive document issued on the basis of a judicial act or is a judicial act, signed by the judge and is assigned to the head of the court.
13. Issue:Is the recoverer in his statement attached to the executive document sent to the authority to the authority of the Federal Treasury, point out only the part of the monetary amount on the executive leaf from the debtor?
Answer:The current legislation does not provide for restricting the right of the recoverer to indicate in its application, which is attached to the executive document, directed to the federal treasury bodies, is not fully indicated in the executive document, but only a part of the monetary amount by the court.
In this case, the federal treasury organ organizes execution in the amount specified by the recoverer.
14.Lock:Whether the recovere is entitled to send (present) to execute the executive document directly in the department Or is it necessary direction (presentation) of the executive document only in management?
Answer:The recoverer is entitled to send (present) to execute the executive document also in the department Office of the Federal Treasury on the Primorsky Territory, located outside the location of the Office of the Federal Treasury on the Primorsky Territorywhich is structural unit Control.
(information, including addresses, on the departments of the Federal Treasury Department for the Primorsky Territory, located outside the location of the Office posted on the Office website - Vladivostok.ROSKAZNA.Ru.)
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Where to serve an executive list? Recovery from the federal budget
Good day.
There is in which "procedural costs to the representative X in the amount of such something - to compensate at the expense of the federal budget."
Issued, it is indicated: "Debtor: Office of the Judicial Department of St. Petersburg".
Questions:
1. Where exactly apply the executive list? I was going to bear bailiffs, but I learned that the bailiffs were not engaged with the recovery from the budget. Specifically, it is to say the name of the body to submit Il and his address in St. Petersburg.
2. In addition to Il, you need a statement in two copies (on one put a mark on the adoption) and a certified court decision. Performance list I just do I give and I have nothing left?
Answers lawyers
Best answer
Syrcin Sergey Yuryevich (03/18/2017 at 00:28:34)
Hello. In the Office of the Federal Treasury of Tom Region on the budget of which is the institution. For feed, it is necessary: \u200b\u200b1. The decision issued by the Court with the copies of the right or marking on the entry into force. The court was supposed to send to the address of the recoverer. 2. Original executive list. 3. If the representative of the recoverer: the original of the power of attorney (if I was issued. Face) or a notarized copy of the notarial power of attorney (if an individual entrepreneur or physical entrepreneur is issued).
Sigul Anna Valentinovna (03/17/2017 at 20:35:51)
Good day. The execution of judicial acts on the appeal of recovery on the funds of budget system budgets of the Russian Federation is carried out in accordance with the Budget Code of the Russian Federation (Article 272.1). A copy of the court decision should be attached to the executive leaf to execute, on the basis of which an executive list was issued. A copy of the solution should be stitched and certified by the press and signature of the judge. On the copy of the decision should be a mark on the entry into force of the decision. Also, the executive list needs to be applied with the details of your bank account. If the executive list provides for the appeal against the federal budget, the executive list together with the specified documents is submitted to the authority that performs the opening and maintenance of the facial institution account.
Ivan Alexandrovich (03/17/2017 at 20:38:59)
Good day! In accordance with Articles 242.3, 242.4, 242.5 of the Budget Code of the Russian Federation (hereinafter referred to as the BC of the Russian Federation), the executive document, providing for the appeal to the funds of budget system budgets of the Russian Federation on monetary obligations of state institutions - debtors, is sent by the court at the request of the recoverer or The charter itself together with the documents specified in paragraph 2 of Article 242.1 of the BC, to the federal treasury body at the opening place of the debtor as a recipient of the relevant budget of the personal account for accounting for the expenditures of the relevant budget. According to paragraph 2 of Art. 242 of the BC of the Russian Federation to the federal treasury authority are sent the following documents: 1. Executive document (executive list,) indicating the amounts to be recovered in the currency of the Russian Federation. The executive document must comply with the requirements of the executive documents established by the laws by the Russian Federation, the provision of executive documents, the interruption of the executive documents, the restoration of the missed deadline for the presentation of the executive documents. Upon presentation to the execution of the duplicate of the executive list, a copy of the court's identification of its issuance is submitted by the court. 2. A properly certified by the court a copy of the judicial act, on the basis of which an executive document issued. 3. Declaring a statement with a bank account details to which funds to be recovered should be listed. The application must be signed by a recoverer or its representative with an attachment of a power of attorney or a notarized copy of a power of attorney or other document certifying the powers of the representative. I would be grateful for assessing the answer [Email Protected]
Rastorgueva Olga Igorevna (03/17/2017 at 20:48:33)
Good evening! In accordance with the Budget Code of the Russian Federation, you need to apply the executive list to the federal treasury body at the opening site of the debtor, as the recipient of funds of the appropriate budget of the personal account for accounting for operations on the expenditures of the relevant budget. Together with the original executive list, the following documents are imposed: - a copy of the judicial act certified by the court, on the basis of which an executive document issued; - a statement on the adoption of a sheet to execution indicating details for transferring funds. The application must be signed by a recoverer, or a representative by proxy, then a notarized copy of the power of attorney is applied to the application; The application is written in two copies, one puts a mark on acceptance. You give the original executive document for execution., You have a statement in your hands with a mark that the sheet is accepted for execution. I would be grateful for your feedback
Petrov Alexey Ivanovich (03/18/2017 at 00:22:33)
Good time day! The presentation of the executive list is carried out in the manner prescribed by the BC of the Russian Federation. The list of documents that are necessary in order to get money on the executive list. First, this is the executive document itself - the executive list. Execution of the arbitration decision on the recovery of budget funds is made on the basis of an executive list mandatory requirements to the executive documents established by Art. 13 "OB". Secondly, pay attention, in accordance with Art. 242.1 The BC of the Russian Federation to the executive list should be attached a copy of the decision, on the basis of which the corresponding executive list was issued as stated in the BC of the Russian Federation a copy of the judicial act, we read decisions should be properly certified by the court. Accordingly, a copy of the solution should be stitched and certified by the press and signature of the judge. In addition, the copy of the decision should stand a mark on the entry into force of the solution. Finally, to present an executive list, it is necessary to attach a declare statement to it, indicating the details of the bank account of the charter, to which the funds must be recovered. If the application is signed by a representative of the recoverer (that is, any person acting on the basis of a power of attorney), then the application also needs to be attached to the appropriate power of attorney, or its notarized copy. Where to feed the executive list. If the cash is charged with the subject of the Russian Federation at the expense of the treasury of the Russian Federation (also with the exception of judicial acts on the recovery of funds in the procedure of subsidiary responsibility of the main managers of the budget of the subject of the Russian Federation) - the documents are sent to the financial body of the subject of the Russian Federation. Accordingly, if the cash is charged with municipal education at the expense of the treasury of the municipal entity (also with the exception of judicial acts on the recovery of funds in the procedure of subsidiary responsibility of the main managers of the budget of the municipality), the documents are sent to the financial body of the municipal formation. If the executive list provides for the appeal of the federal budget for the obligations of the federal state institution - the debtor, the documents are sent to the federal treasury body at the place of opening the debtor as a recipient of the federal account of the personal account. The executive document, providing for the appeal to the recovery of the budget of the Russian Federation on monetary obligations of its state institution, together with the above documents is submitted to the authority exercising and maintaining the facial account of the state institution of the constituent entity of the Russian Federation. And, finally, if the executive list provides for the appeal of the funds of the local budget for monetary obligations of a state institution - the debtor, the documents are submitted to the authority exercising and maintaining the personal account of the municipal state institution. Cases in which the execution of a judicial act can be suspended, described in Art. 39 of the Federal Law "On Enforcement Proceedings".
- federal state institutions, for the obligations of which addressed the funds of the federal budget;
- casual institutions of the subject of the Russian Federation, on the obligations of which addressed to the funds of the budget of the subject of the Russian Federation;
- municipal government institutions, for the obligations of which addressed for the funds of the local budget.
What decisions do not fulfill the Federal Treasury?
- those that are executed;
- on the obligation of the debtor-budget trap committee to make certain actions (with such executive sheets it is necessary to go to the bailiffs);
- in which the amount of debt is expressed in foreign currency - the budget code provides that the amount of debt in the executive list should be expressed in rubles. The Treasury has no authority to convene and calculate the funds awarded in foreign currency.
Where to apply for debt recovery?
Package of documents for execution through the Federal Treasury
- the statement of the recoverer indicating its bank details (it can be filled with the Treasury website). The application can be saved and immediately print. Please note that details must be exactly the recoverer. Payment of recovery funds in cash is not provided;
- a copy of the judicial act, on the basis of which an executive document (certified by the court) issued;
- executive list (original);
- power of attorney / notary copy (if a statement is signed by a representative);
- definition of a court on issuing a duplicate executive list, certified by the court (if you are presented to duplicate).
This package of documents can be sent by mail (valuable letter with the description of the attachment) or to pass to the desired separation of the Federal Treasury personally.
How fast will the money contribute?
1. The Treasury notifies the debtor about receiving the executive list (5 working days from the date of receipt).
2. The debtor submits to the Treasury payment document for a full or partial transfer of money on the executive list (10 working days from the date of notification of the Treasury).
3. If the limits of budget liabilities are not enough for execution, the debtor refers to the main manager of the federal budget for the allocation of money. The manager allocates money (3 months from the date of receipt of the executive list to the Treasury).
4. The next business day for the allocation of limits of budgetary obligations, the debtor sends a payment document to the Treasury for the transfer of money.
That is, within 15 business days (if the debtor has enough funds on the personal account) or within 3 months (if you need to seek the allocation of additional funds). Please note that the treasury is not required to notify the execution of their decision. That is, track the receipt of money in your account yourself.
You can also track the execution status here is through this treasury service (select Executive Documents).
And what if the debtor does not fulfill the decision within 3 months?
In this case, the Treasury will suspend the expenditure operations on all the personal accounts of the debtor in this Treasury division. If this happens, the treasury will notify you. You can also withdraw your executive list and go to court with a claim for the recovery of awarded amount from the main manager of the federal budget funds (it is subject to subsidiary responsibility).