The executive are documents on the basis of which enforcement proceedings are initiated. The list of executive documents is given in Art. 12 law by executive work: 1)
executive liststhat are issued by ships general jurisdiction and arbitration courts on the basis of the judicial acts them; 2)
judicial orders; 3)
notarized agreements on the payment of alimony or their notarized copies; four)
certificates of the Commission on Labor Disputes; five)
acts of bodies carrying out control functions for the recovery of funds, with the application of documents containing banks or other credit institutions, in which the estimated and other debtor accounts are open, on the full or partial non-fulfillment of the requirements of these bodies due to the lack of money in the accounts of the Debtor of Cash sufficient to meet the requirements of the charter; 6)
judicial acts, acts of other bodies and officials By affairs by administrative offenses; 7)
decisions of the bailiff; eight)
acts of other bodies in cases provided federal law.
In the executive document, with the exception of the decree of the bailiff, a court order and a notarized agreement on the payment of alimony, should be indicated: -
the name and address of the court or another body that issued an executive document, surname and initials of the official; -
the name of the case or materials on which the executive document is issued, and their numbers; -
date of adoption judicial act, an act of another organ or an official to be executed; -
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; -
information about the debtor and the recoverer; -
the operative part of the judicial act or the act of another body or an official containing the requirement for the debtor; -
date of issuing an executive document.
The executive document issued on the basis of a judicial act must be signed by the judge and is certified by the stamp seal of the court who issued an executive list.
The executive document issued on the basis of an act of another body is signed by an official of this body. The executive document is assigned to the seal of the organ or person, its issued.
With the loss of the executive document, the basis for recovery is its duplicate, which is issued by a court or other body that issued an executive document. The official, guilty in the loss of the executive document transferred to him, the bailiff is entitled to impose a fine of up to 25 minimumts (Art. 431 Code of Civil Procedure of the Russian Federation). The issuance of duplicates of documents is paid by the state duty before issuing duplicates (paragraph 4 of Part 1 of Art. 333.18 of the Tax Code of the Russian Federation). When applying for the issuance of duplicates of executive documents, the state duty is 2 rubles. For one page of the document, but not less than 20 rubles. (paragraph 10 of Part 1 of Art. 333.19 of the Tax Code of the Russian Federation).
Describe each type of executive document.
The executive list is a procedural document issued by the court to coordinate the debtor to the execution of his duties specified in the judicial resolution.
Executive sheets are issued by ships and arbitration courts on the basis of:
a) decisions of courts of first instance, definitions of the approval of world agreements of courts of first instance; the appeal decision, the cassation definition, when the courts of the second instance change the decision of the court of first instance and bring new rulings; solutions and definitions of approval of the settlement agreement of arbitration courts of first instance; Resolutions of arbitration courts of the appellate and cassation, when the decision of the lower court is canceled; definitions of ships and arbitration courts to ensure the claim; regulations of the supervisory instance; sentences of courts of general jurisdiction in the part of property recovery;
b) solutions of arbitration courts.
In the execution of decisions of the courts of general jurisdiction and decisions of the arbitration courts, the executive list is issued to the recoverer after the decision to force into force, except for the increasing execution cases, when the issuance occurs immediately after the decision is made.
In accordance with Art.
211 Code of Civil Procedure of the Russian Federation to immediately execute judicial order or the court decision on the recovery of alimony; Pay employee wages For 3 months; restoration at work; Including a citizen of the Russian Federation to the voter list, referendum participants. In accordance with Art. 182 APC RF is subject to immediate execution the decision of the Arbitration Court to dispute the abnormative acts of the bodies state power, organs local governments, other bodies; Cases on challenging decisions and actions (inaction) of state authorities, local governments. The court of general jurisdiction and the arbitral tribunal may refer to immediate execution any decision at the request of the plaintiff, if a slowdown can lead to significant damage to a recoverer or execution may be impossible.
If the executive document provides for the immediate execution of the requirements contained in it, then their execution should be launched no later than the first working day after the arrival of the executive document in the division bailiffs.
The judicial order is a judicial decision made by the judge alone on the application for the recovery of monetary sums or the recovery of movable property from the debtor (Art. 121 Code of Civil Procedure of the Russian Federation). The judicial order is an executive document, on the basis of which enforcement proceedings are initiated.
The agreement on the payment of alimony (the amount, the conditions and the procedure for payment of alimony) is between the person who is obliged to pay the alimony, and their recipient, and with the incapacity of the person who is obliged to pay alimony, and (or) the recipient of the alimony - between the legitimate representatives of these persons. Non-fully capable faces conclude an agreement on the payment of alimony with the consent of their legal representatives (Art. 99 of the RF IC).
Agreement on the payment of alimony is in writing and subject to a notarial certificate. Failure to follow the form established by the law entails the consequences provided for by paragraph 1 of Art. 165 of the Civil Code of the Russian Federation (Art. 100 of the RF IC), i.e. invalidity of the agreement.
A notarized agreement on the payment of alimony, as well as a notarized copy of the actual sheet.
Certificate of the Commission for Labor Disputes (CCC). Individual labor disputes are treated by labor disputes and courts (Art. 382 of the Labor Code of the Russian Federation). This Commission is a non-judicial authority for the consideration of those individual labor disputes under which the Labor Code of the Russian Federation and federal laws are not established another procedure for their consideration.
In case of non-fulfillment of the decision of the Commission voluntarily, it issues an employee a certificate, which is an executive document.
Acts of organs carrying out control functions are decorated in installed manner Requirements for the recovery of funds with a bank marker or other credit organization On the full or partial failure of the recovery due to the lack of money in the accounts of the debtor, sufficient to meet the requirements of the Declaring, if the legislation of the Russian Federation did not establish another procedure for the execution of these documents. An example of executive documents of this species may be tax authorities In accordance with Art. 46 and 47 of the Tax Code.
See: Isaenkova O., Demichev A. Decree. cit. P. 37.
Judicial acts, acts of other bodies and officials on administrative offenses are decisions in the case of an administrative offense, which are subject to execution from the moment they are entitled to legal force. In case of several appointment decrees administrative punishment With respect to one person, each decree is executed independently (Article 31.2, 31.4 of the Administrative Code of the Russian Federation).
The ruling of the bailiff is a decision on the initiation of enforcement proceedings, on the recovery of expenses for the commission of executive actions, executive fees and fines, for non-fulfillment without good reasons executive documents and other violations executive legislation, as well as other decisions endowed by the Contractor in the process of executing a specific executive document.
The law establishes the timing of the executive documents to recovery. In the theory of procedural law, they are defined as the deadlines for the actual limit and are the time-established period of time during which the executive document may be presented for compulsory execution. In accordance with Art. 21 of the law on enforcement proceedings:
See: Civilian procedural law: Tutorial / Ed. M.S. Shakaryan. M., 2005. P. 484 - 485. 1)
executive sheets issued on the basis of judicial acts of courts of general jurisdiction, arbitration courts, judicial orders are presented for 3 years from the date of the entry of the judicial act into legal force or the end of the period established in granting a delay or installment of its execution; 2)
executive Sheets issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored a missing period for presenting an actuator to execution - within 3 months; 3)
executive documents containing requirements for recovery of periodic payments can be presented during the entire period on which payments are awarded, as well as within 3 years after the end of this period; four)
certificates of labor disputes commission - within 3 months from the date of their issuance; five)
decorated in the prescribed manner acts of bodies carrying out control functions, to recover funds with the application of documents with a bank mark or another credit organization about full or partial failure these requirements - within 6 months from the date of their return by the Bank or another credit institution; 6)
judicial acts, acts of other bodies and officials on administrative offenses - during the year from the date of their entry into force.
Individual regulatory acts The timing of the executive documents on specific categories can be established. When recovering periodic payments, the period of performing prescription is calculated for each payment separately.
The skipping period of the presentation of the executive document to execution may be restored according to the rules of civil procedural legislation. Chargers who missed the deadline for the executive document, the missing period may be restored if the court (arbitration court) recognizes these causes of respectful (Art. 432 Code of Civil Procedure of the Russian Federation, Art. 322 APC RF).
Bank at the "neutral strip". In this section, the Bank will appear as an organization that performs in cases stipulated by the Federal Law, the requirements contained in judicial acts, acts of other bodies and officials. // B. Shevelev. No. 5/2008
Bank on the "neutral strip"
The name of this section should be understood only in the sense that the bank is not a debtor nor a recoverer in the executive production. In this section, the bank will appear as an organization, which, in accordance with Article 7 new edition The Federal Law "On Enforcement Proceedings" (hereinafter referred to as ZIP) performs in cases provided for by federal law, the requirements contained in judicial acts, acts of other bodies and officials.
There is no other semantic load of the title section, so in no case should it be understood as it as if the bank would be completely neutrally or indifferent to the debtors, which are its customers. As a rule, the banks of their "cold and cherish", because they live themselves at the expense of customers. And even with those clients who face them, banks are first trying to negotiate in a good way. For this reason, the fate of customers can not be indifferent to the bank. And if the client against which the executive production was initiated is a borrower of the bank, then there is no less about what neutrality and speech can not be. Here in the light of this last - unpleasant and for the bank - the case we will consider the corresponding norms of the new edition of ZIP.
So, in what cases provided for by federal law, banks perform the requirements contained in judicial acts, acts of other bodies and officials? About this tells Article 8 Zip:
"Article 8. Execution of the requirements contained in judicial acts, acts of other bodies and officials, banks and other credit institutions
1. The executive document on the recovery of funds or their arrest can be sent to a bank or other credit institution directly by the recoverer.
2. Simultaneously with the executive document, the recoverer submits to a bank or other credit institution a statement in which:
1) details of the bank account of the recoverer to which the recovery should be transferred cash;
2) surname, name, patronymic, citizenship, details of a document certifying personality, place of residence or place of stay, taxpayer identification number (if available), data migration card and a document confirming the right to stay (accommodation) in Russian Federation Charger-citizen;
3) Name, taxpayer identification number or foreign organization code, state registration number, place state registration and the legal address of the recoverer - a legal entity.
3. The representative of the recoverer submits a document certifying its powers, and the information indicated in Part 2 this article, About the recoverer and about yourself.
4. The executive document received for execution to the bank or other credit institution after their license revolves returns without fulfilling his face. "
As you can see, we are talking about or against the recovery of funds, or about their arrest. In fact, other executive documents may come to the bank, for example, on recovery of periodic payments, such as alimony, etc., but such executive documents will most likely not be a bank's client, and his employee who turned out to be a debtor and to which The bank pays salary. However, this case is not as interesting for us, since it does not take into account the purely banking specificity, because under these circumstances, the bank acts as any other organization that keeps alimony from individual workers who "hang" alimony obligations. That is why in the future we will consider only the executive documents that provide for the arrest or the recovery of funds of the Bank's customers.
Taking into account the fact that the recovery of the property of the debtor on the executive documents is drawn primarily on its cash in rubles and foreign currency and other values, including those in accounts, deposits or by storage in banks and other credit institutions, It can be assumed that the latter will have to participate in the executive actions not so rarely.
In this regard, it makes sense to recall what documents are executive. The list contains in Article 12 of the new edition of Zip:
"Article 12. Types of executive documents
1. The executive documents sent (presented) by the bailiff, are:
1) executive sheets issued by the courts of general jurisdiction and arbitration courts on the basis of the judicial acts themselves;
2) judicial orders;
3) notarized agreements on the payment of alimony or their notarized copies;
4) certificates issued by labor dispute commissions;
5) acts of bodies carrying out control functions to recover funds with the application of documents containing banks or other credit organizations in which the calculated and other accounts of the debtor are open, on the full or partial non-fulfillment of the requirements of these bodies due to the lack of cash debtor accounts funds sufficient to meet these requirements;
6) judicial acts, acts of other bodies and officials on administrative offenses;
7) Decisions of the bailiff;
8) acts of other bodies in cases provided for by federal law.
2. In case of loss of the original executive document, the basis for execution is its duplicate, issued in the prescribed manner by the court, another body or official who adopted the corresponding act.
3. The executive document on which the enforcement proceedings was initiated in the executive proceedings. The bailiff sends the decision on the initiation of enforcement proceedings with the application of a copy of the specified executive document. "
"one. The executive document, which contains the requirements of judicial acts and acts of other bodies on the recovery of funds, can be directed directly to the bank or other credit institution, if the recoverer has information about the debtor's accounts there and the availability of cash on them (emphasized by the author. - notes. Ed.), Or the bailiff, if such information he does not have, for execution in the manner prescribed by this Federal Law. "
The reader, unfamiliar with the specifics of the executive production, the text of the previous edition may seem more reasonable: why, they say, to strain the Bank by enforcement proceedings, if the recoverer is not sure that the debtor has money from the debtor. Meanwhile, not everything is so simple. If you think that the previously active version of the law, the decision of the issue of whether the executive document directly to the bank or the bailiff of the executor, gave the recoverer to the depositor, is not quite so.
The fact is that the recoverer should have prove that he had information about the debtor's accounts existing there and the presence of cash on them. And confirm the accuracy of these information, the recoverer could only submit an appropriate certificate from the bank, certified by the signature of the Chief Accountant and the seal. At least the author once happened to become a "victim" of the wording of the old edition. However, the most interesting thing was that I was an employee of the bank, had the appropriate power of attorney, and therefore he knew that the client had a necessary amount on the client. Maybe I'm just not lucky, but the judge (it was district Court) Forced me to submit to her a certificate confirming the fact of the availability of cash in the debtor's bank account. It is appropriate to say here if someone said will seem wildness that, according to Article 57 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation), the court has the right to offer participants in the case to submit additional evidence. At the same time, the court issues the request to the request to obtain evidence or requests evidence directly. A person who has a court exterminated by the court sends it to the court or transmits a person to his face having a corresponding request for submission to court.
It is not difficult to understand that such wires during the enforcement proceedings can be very expensive to discern. Yes, and it is stupid: the recovere just took a certificate in the bank about the availability of funds in the account of the debtor, and that after 15 minutes came to the bank and "drove" all money. He himself did it or the bank him advised him, "whispering the relevant recommendation" whispering ", we will not discuss here. One way or another, but in accordance with Article 845 Civil Code Of the Russian Federation (Civil Code of the Russian Federation), the Bank is not entitled to determine and monitor the use of customer's funds and establish other restrictions on its right to dispose of funds at its discretion not provided by law or bank account. And Article 858 of the Civil Code of the Russian Federation suggests that the restrictions on the client's rights are not allowed, except for the imposition of arrest for cash, which are on the account, or suspension of account operations in cases provided by law.
It seems that the new edition of ZIP in the relationship we have considered to a greater extent meets the requirements of business turnover and much better provides a "suddenness factor". But this is so common considerations, not so relevant for this section.
Now let us return to our assumption that the debtor, in respect of which executive production was initiated, is a borrower of the bank, and, moreover, we assume that the amount is not as an elephant crusher, but still it may adversely affect his execution obligations to the credit institution. How adversely - this is to deal with the bank and find out how the client reached the lives such that enforcement proceedings were initiated against him. It may be so that the bank will be forced - from sin away - to demand from the borrower early refund Credit and interest on it, the benefit of the majority of typical loan agreements such an opportunity usually envisage. And then the most important thing is to get ahead of the recoverer.
It should be noted that the new edition of Zip (however, as well as the former) gives banks and other credit organizations serving the service of the debtor's accounts, three days of the period from the date of receipt of the executive document from a marker or bailiff for execution contained in the executive document Requirements for the recovery of funds (part 5 of Art. 70 ZIP), unless the executive document implies immediate execution.
In the new edition of Zip, the legislator directly established that the transfer of funds from the debtor's accounts is made on the basis of an executive document and (or) decree of the bailiff without submission to the bank or other credit institution by a recoverer or bailiff of the executor of settlement documents. (When the previous edition of ZIP was just adopted, the question of the obligation or necessitating the presentation of the settlement documents together with the executive documents due to the discrepancies caused disputes.)
Recall also that the recovery of the debtor's money in foreign currency is drawn in the absence or insufficiency of his funds in rubles. In the event of non-fulfillment of the executive document, the consequences provided for in the current legislation. In order for the reader to be clear what these consequences, we present literally articles 114 and 115 of the new edition of Zipa:
"Article 114. The procedure for attracting a bank or other credit organization to liability for failure to fulfill the executive document
1. In case of non-fulfillment of the executive document established by this Federal Law, which contains the requirements for the recovery of funds from the debtor, the Bank or another credit institution that carries out the service of the debtor's accounts, in the presence of funds on the specified accounts, the bailiff is a protocol on administrative offense. In the manner established by Article 28.2 of the Code of Administrative Offenses of the Russian Federation. A copy of the protocol is awarded to the representative of the bank or other credit institution.
2. After drawing up the protocol, the bailiff sends to the arbitration court at the location of the Bank or another credit institution signed by him and certified by the seal (stamp) of the division of bailiffs to attract a bank or other credit institution to administrative responsibility. The statement indicates:
1) the name of the Arbitration Court in which the application is submitted;
2) the name and address of the division of bailiffs;
3) the name and address of the bank or other credit institution in respect of which a protocol on an administrative offense is compiled;
4) date and place of action that served as the basis for the preparation of a protocol on an administrative offense;
5) position, surname and initials of the bailiff, who composed a protocol on an administrative offense;
6) the requirement to attract a bank or other credit institution to administrative responsibility for committing an administrative offense provided for in part 2 of Article 17.14 of the Code of Administrative Offenses of the Russian Federation;
7) other necessary information (phone numbers, faxes, email addresses and others);
8) The list of documents attached to the application.
3. Copies of the application and the documents attached to it are sent to a bank or other credit institution for which a protocol on an administrative offense is compiled.
4. A protocol on the administrative offense and the documents attached to the Protocol, as well as the notification of a presentation or other document, confirming the direction of copies of the application and the documents attached to it to the Bank or other credit institution, are attached to the Protocol. offense.
Article 115. The procedure for collecting the execution and imposition of a fine
1. The decision of the bailiff on the imposition of a fine is made without drawing up a protocol on an administrative offense and without initiating a separate administrative offense case. The specified ruling must comply with the requirements installed part 2 Article 14 of this Federal Law, and contain information about the specific case of non-compliance with the legal requirements of the bailiff or violation of the requirements of the legislation of the Russian Federation on enforcement proceedings, for which the guilty person is fine.
2. Resolutions of the bailiff on the recovery of the fulfillment of the fulfillment and the imposition of a fine are approved by the senior bailiff.
3. The ruling of the bailiff for the recovery of the fulfillment or imposition of a fine may be challenged in court. "
For the completeness of the picture, we will give here a text of part 2 of Article 17.14 of the Code of the Russian Federation on Administrative Offenses (CACU) referenced by Article 114 ZIP:
"Article 17.14. Violation of legislation on enforcement proceedings
. . .
2. Unfinking by a bank or other credit institution contained in the executive document Requirements for the recovery of funds from the debtor -
shut down administrative fine On a bank or other credit institution in the amount of half of the monetary amount to be recovered from the debtor, but not more than one million rubles. "
It should be noted that sometimes very earlieles are sometimes come across, that is, without waiting for the expiration of a three-day period, require the immediate execution of the executive document, even in cases where the law does not imply immediate execution. Actually, attempts to prevent such pressure on the root, if necessary, referring to part 5 of article 70 of the new edition of ZIP, especially in cases where the bank has its own interest, that is, the debtor is a borrower. In the same situations when the bank has no interest, he may in the form of an exception to meet the recoverer, for example, when the recoverer is a client in which the bank is very interested, while the debtor, on the contrary, is not particularly interested in the credit organization.
In connection with what was said it will be worth reminding the reader, which executive documents are subject to immediate execution.
In accordance with Article 142 of the Code of Civil Procedure of the Russian Federation, the court to ensure the claim, in particular, the imposition of arrest on the debtor's funds is executed immediately in the manner prescribed for the execution of court rulings. At the same time, on the basis of a court definition, the judge or court issues the plaintiff, the executive list and directs the defendant a copy of the court definition.
We also celebrate the norm in Article 96 of the Arbitration Procedure Code of the Russian Federation (RF APC):
"Article 96. Execution of the definition of the Arbitration Court to ensure the claim
1. The definition of the Arbitration Court to ensure the claim is carried out in execution immediately in the manner prescribed for the execution of judicial acts of the Arbitration Court. Based on the definition of the provision of the claim, an executive list is issued.
2. For non-fulfillment of the definition of the provision of a claim by the person who is entrusted with the court on the execution of security measures, this person may be subjected to a trial in the manner and in the sizes that are established by Chapter 11 of this Code. "
The reader may have a question, which trouble faces chapter 11 of the APC RF?
Article 119 of the named chapter establishes the norm according to which the court fines are imposed by an arbitration court in cases provided for by the APC RF. The size trialimposed on citizens cannot exceed 25 minimum wages established by the federal law of the minimum wage, on officials - 50 established by the federal law of the minimum wage, on the organization - 1000 established by the federal law of the minimum wage. At the same time, court fines imposed by an arbitration court on officials government agencies, local governments and other organs, organizations, are charged from their personal funds.
By the way, the definition of the imposition of a judicial fine is also provided to be executed immediately in the manner prescribed for the execution of the decision of the Arbitration Court. The executive list is sent by the Arbitration Court of the bailiff at the place of residence or the location of the person, which is imposed by a court penalty. At the same time, the filing of the complaint to the definition of an imposition of a judicial fine does not suspend the execution of the definition.
Other cases of immediate execution are not so relevant, although possible. Let's call them.
In accordance with Article 211 of the Code of Civil Procedure of the Russian Federation, an immediate execution is subject to judicial order or a court decision:
On the recovery of alimony;
Pay salary worker for three months;
Restoration at work;
Including a citizen of the Russian Federation to the voter list, referendum participants.
It should also be borne in mind that on the basis of Article 212 of the Code of Civil Procedure of the Russian Federation, the court may at the request of the plaintiff to reverse the decision to immediate execution, if due to the special circumstances, the slowdown in its execution may cause significant damage to the recoverer or execution may be impossible. Upon acceptance of the immediate execution of the decision, the Court may require the plaintiff to ensure the rotation of its execution in case of cancellation of the court decision. The question of the immediate execution of the court decision may be considered simultaneously with the adoption of a court decision.
Part 3 of Article 182 of the APC RF contains a similar standard, and the definition of the appeal of the decision to immediately execute is subject to immediate execution. Appeal of the definition does not suspend its execution.
An immediate execution is subject to the definition of approval of the settlement agreement, but in the context of the situation under consideration by us legal fact We will not be interested.
Thus, immediate execution when the bank has its own interest in relation to the debtor, is the worst case for the bank, at least if the requirement of a recoverer may lead to the debtor, as a result of his satisfaction, may disrupt its obligations to the bank. In this case, the bank does not even have three days to understand the situation, and it is necessary to act in Zeitnote, despite the fact that "immediate execution" is a tensile concept.
Before giving some recommendations about how to act in this situation, suppose that as a result of the functioning of a document management system adopted in the credit institution, the executive document and the application attached to it will eventually turn out to be at the Bank's chief accountant (or separed division). This, of course, does not mean that chief Accountant will fulfill the requirements of the executive document. Most likely he will "write off" to someone from his subordinates. Just the chief accountant is usually a member of the credit committee, and therefore knows all borrowers will inject. In addition, due to the bank held in the bank, the chief accountant is better than many can be navigated in a situation related to the initiation of enforcement proceedings in relation to the Bank's customer. In particular, is it worth performing the requirements of the executive document on the very first day or makes sense to stretch this process for the entire period allotted for this by law, unless the executive document is subject to immediate execution. Or maybe - what sin is to be - everything is possible to return the executive document without execution for any formal grounds. By the way, in this regard, there is a delicate question about who and how presets will check the compliance of the executive document with the requirements of the law? Is the chief accountant himself, which is unlikely, because he has enough worries, or someone else (most likely a lawyer), whom the chief accountant will instruct the main accountant.
If the executive document suggests an immediate execution, and the Bank, due to the fact that hesitates its benefit, is extremely disheighted in immediate execution, because at least it is necessary to understand how this execution will affect the fulfillment of the debtor's obligations to the bank, it is necessary to take all measures to To return the executive document without execution.
To do this, it is necessary to find any inconsistency with the requirements of the law. The fact is that people are engaged in the preparation of the executive document, and people are engaged in mistake. The causes and reasons for making mistakes can be mass: inexperience, lack of sleep, malaise, family troubles, troubles or conflicts at work, experiences for someone from close relatives or acquaintances, etc. By virtue of this, the likelihood of detecting any defect in executive document in the very general Not zero. Find some hook so that you can play on a hug - a fairly effective technique. When searching for any violations in the executive document, it is necessary to be guided by articles 13 and 14 of the new edition of ZIP:
"Article 13. Requirements for executive documents
1. In the executive document, with the exception of the ruling of a bailiff, a court order 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, residence or location, and for the debtor also - year and place of birth, place of work (if it is known);
b) for organizations - name and legal address;
c) for the Russian Federation, the subject of the Russian Federation or municipal Education - the name and address of the body authorized on their behalf to carry out rights and fulfill the obligations in the executive work;
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.
2. If before issuing the executive document, a delay or installment of execution is provided, then in the executive document it is indicated, from which time the fulfillment of the requirements contained in it begins.
3. 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 prohibition of the court.
4. The executive document issued on the basis of an act of another body or the act of another body is signed by the official of this body and is assigned to the seal of this body or a person who issued it.
Article 14. Resolution of the bailiff
1. Decisions on the enforcement proceedings taken by the bailiff, the main bailiff of the Russian Federation, the main bailiff of the constituent entity of the Russian Federation, the senior bailiff and their deputies (hereinafter also - the official of the bailiff service) from the date of direction (presentation) of the executive Document for execution is issued by the decisions of the official of the bidding service.
2. The ruling of the bailiff must be indicated:
1) the name of the division of bailiffs and its address;
2) date of decision;
3) position, surname and initials of the person who has issued a decision;
4) the name and number of the enforcement proceedings in which the ruling is made;
5) the question in which the ruling is made;
6) the basis of the decision made with reference to federal laws and other regulatory legal acts;
7) the decision taken on the issue under consideration;
8) The procedure for appealing the resolution.
3. The bailiff or other official of the bailiff service has the right on its own initiative or on the application of persons participating in the executive work, to correctly fix it in the decree or explicit arithmetic errors. These corrections are made by a decree of amending the previously rendered decision.
4. The decision of the bailiff is subject to execution within the period specified in the ruling, and may be appealed in order to subordinate to the superior official of the bailiff service or challenged in court. "
Regarding the content of the judicial order, it is necessary to be guided by Article 127 of the Code of Civil Procedure of the Russian Federation:
"Article 127. The content of the court order
1. The judicial order indicates:
1) the number of production and the date of the order;
2) the name of the court, the surname and initials of the judge, which made the order;
3) name, residence or location of the charter;
4) name, residence or location of the debtor;
5) the law on the basis of which the requirement is satisfied;
6) the amount of monetary amounts to be recovered, or the designation of movable property to be extended, indicating its value;
7) the size of the penalty, if its recovery is provided for by federal law or contract, as well as the size of the penalties, if such are due;
8) the amount of state duty to be recovered from the debtor in favor of the recoverer or in the income of the relevant budget;
9) Details of the bank account of the recoverer to which funds to be recovered should be listed in the event that the recovery appeal is made on the funds of the budget system of the Russian Federation.
2. In the court order on the recovery of alimony on minor children, in addition to the information provided for in paragraphs 1 - 5 of the first part of this article, the date and place of the birth of the debtor, the place of his work, the name and date of the birth of each child, for the content of which the alimony are awarded, the amount of payments Associated monthly from the debtor, and the term of their recovery.
3. The judicial order is compiled on a special form in two copies that are signed by the judge. One copy of the judicial order remains in the work of the court. The debtor is made a copy of the court order. "
It should be noted that article 13 Zip determines only general requirements Executive documents, with the exception of the decision of the bailiff, the judicial order and a notarized agreement on the payment of alimony (the last executive document does not interest us). However, we should not forget that in the APC of the Russian Federation there is an article 320, which also establishes the requirements for the content of the executive list issued by the arbitration courts:
"Article 320. The content of the execution
1. In the executive list should be indicated:
1) the name of the arbitral tribunal that issued an executive list; The name and location of the foreign court, the arbitration court or international commercial arbitration, if the executive list is issued by an arbitration court on the basis of a decision of such a court;
2) the case on which the executive list is issued, and the case number;
3) the date of adoption of the judicial act to be executed;
4) the name of the recoverer organization and the debtor-organization, their location; Surname, name, patronymic of a charter-citizen and a debtor-citizen, their residence, date, place of birth; place of work of the debtor-citizen or date and place of its state registration as individual entrepreneur;
5) the operative part of the judicial act;
6) the entry date of the judicial act into legal force or the requirement to immediately execute;
7) Date of issuing an executive list and the deadline for presenting it to execution.
If before issuing the executive list, the arbitral trial is given a delay or installment of the execution of the judicial act, in the executive list it is indicated, from which time the actual sheet period begins.
2. The executive list signed by the judge and is assigned to the stamp seal of the Arbitration Court. "
Although, in the sense of article 13, ZIP and 320 APC of the Russian Federation are very close, but there are differences, for which if necessary, you can catch. For example, the APC of the Russian Federation requires instructions in the executive list of the date and place of state registration of an individual entrepreneur, although Article 13 Zip is silent about it.
The absence of at least one details required by law, the lack of signature of a judge or other official, the lack of pressing is a reason to return the executive document without execution.
In addition, if, together with the executive document, the Bank did not receive a statement referred to in Article 8 (see above), or this statement does not contain data, the presence of which this article requires, it may also be a reason for returning the executive document . At the same time, the bank is not obliged to wait, when the recoverer deigns to send a statement, for Article 8 Zip is unequivocally indicative about the simultaneity of entering the executive document and the named statement. If the application has not been received to the bank simultaneously with the executive document, the latter must immediately return without execution with an indication of the reasons for return in the accompanying letter.
Another algorithm of work with the executive documents is fraught with unpleasant consequences. In this regard, allow itself a one example from the practice that illustrates it clearly, and also emphasizes the role and significance of simultaneity.
Cheese Bor broke out around Article 46 Tax Code The Russian Federation (Tax Code of the Russian Federation), or rather, due to one proposal of this article, which will be quoted in the edition, which it had at the time of the events described, although his current edition differences somewhat:
"When recovering funds in foreign currency accounts, the head (his deputy) of the tax authority simultaneously (emphasized by the author. - Note. Ed.) With a collection order, it sends an instruction to the bank for sale no later than the next day of the taxpayer or tax agent."
So, the collection order was enrolled in the bank and was "unsubscribed" for the execution of the Deputy Chief Accountant. However, the deputy chief accountant did not fulfill the collection order, because it did not find instructions for the sale of currency, and put the collection order "under the Sukno", apparently, in anticipation, when an instruction will be commissioned for the sale of currency. The experienced reader, probably, has already guessed that he did not make sure for the sale of currency, and the penalty area provided for in paragraph 1 of Article 135 of the Tax Code of the Russian Federation.
For this occasion, the "analysis of flights" immediately began. As a result, the deputy chief accountant got a curvature from the leadership, and the author had to meet with the head tax Inspection And to prove that the sanction is applied unreasonably, since the Bank for the sale of currency simultaneously with the collection order did not receive. As a result, it was possible to disperse a voyage - the tax inspectorate was canceled.
The moral of this story is simple: power structures can not be ignored, you need to work with them. If something does not suit you, then it is necessary to inform you about it. However, back to our main topic.
In cases where the recovere personally, not by mail delivered an executive document to the bank, he will not be much difficult to "comprehend" a statement right in the bank. But in this case, the Bank must, with all the advanity, check the powers of the representative of the recoverer and documents certifying his personality and authority (see above part 3 of article 8 of the ZIP). When checking the powers of persons participating in the executive work, it is necessary to be guided by the articles of chapter 6 of the new edition of ZIP.
Thus, the powers of the heads of organizations and bodies operating on their behalf are confirmed by the documents submitted by them certifying their official position, as well as constituent and other documents. In particular, the powers of the head of the unitary enterprise are confirmed by him as a certificate manager or regulatory document about his appointment to this position, or general attorney To implement the authority of the head, as well as a document confirming the identity of this person.
The authority of the head of the organization of other organizational and legal forms is confirmed by three documents: a document establishing which authority without a power of attorney acts on behalf of the organization and presents its interests, document establishing that this person He heads this organ or is the sole executive body, a document confirming the identity of this person.
Power of attorney, issued on behalf of the organization to another person, should be signed by the head or other commissioned on the face and fastened the organization of the organization.
The powers of legitimate representatives of citizens - parents, adoptive parents, guardians or trustees are confirmed by the documents presented by them certifying their status. For example, the powers of guardians and trustees are certified by documents of the guardianship authority and guardianship to appoint them according to guardians or trustees; Guardians and trustees act without a power of attorney. Legal representatives are in the executive work of law and legal interests Minors, incapacitated citizens and citizens limited in legal capacity. but legal representative It can entrust participation in the executive production to another person chosen by him as a representative.
The powers of lawyers for the accomplishment of actions related to the implementation of the enforcement proceedings are certified by attorney issued and decorated in accordance with the Federal Law, and in cases established by international Treaty RF or federal law - other document.
At the power of attorney issued by the representative of the executive proceedings, the date of attorney must be specified, otherwise the power of attorney will be negligible. The validity of the power of attorney cannot exceed three years (only notarized power of attorney, intended for the commission abroad, retain strength before the abolition of its person who issued a power of attorney). If the term of attorney is not specified, it retains the power during the year from the date of its commission.
If the power of attorney is issued on behalf of the head of the branch (representation) of the Organization, it is necessary to take into account that such a power is issued in the order of handover and must be certified notarized.
As a general rule, representatives of the parties to enforcement proceedings are entitled to perform all actions related to the executive production on their behalf. But there is one subtlety: in the proxy of the representative who participates in the executive production, its powers should be specifically specifically stipulated:
Presentation and review of the executive document;
Transmission of powers to another person (hand-acting);
Appeal against the decisions and actions (inaction) of the bailiff;
Obtaining awarded property (including cash and securities);
Refusal of recovery on the executive document;
Conclusion of the settlement agreement. In other words, if the executive document into the bank will be represented by the representative, in the attorney of which the authority will be painted in the most common way, they say, it is trusted to do everything and everything, then such a representative, to put it mildly, you must specify the door, for it is not entitled to present Executive document for recovery, and even more so he has no authority to receive awarded property or money.
A few words about the possibility of tightening performance by setting the requirement for clarifying the executive document.
First, this opportunity can not be used. The executive document really should contain some kind of ambiguity or ambiguity that makes it difficult to execute. An attempt to simply assure fear and demand clarification of obvious provisions will probably be easily exposed. Secondly, in terms of executive documents, neither banks nor other credit organizations can directly require its explanation. The fact is that article 32 of the new edition of the ZIP for them does not provide for them:
"Article 32. An explanation of the executive document, the method and order of its execution
1. In the event of an ambiguity of the provisions of the Executive document, the method and order of its execution, the recoverer, the debtor, the bailiff is entitled to apply to the court, another body or to a job person who issued the executive document, with a statement about the explanation of its provisions, the method and order of its execution .
2. An application for clarification of the provisions of the Executive Document, the method and procedure for its execution is considered by the court, another body or official who issued the executive document, during the ten-day period from the date of its receipt. "
However, this does not mean that the bank can not use this article in its own interests, because no one prevents him from initiating the process of explaining the executive document, for example, through the debtor or even through a recoverer, or a bailiff. Another question will agree to it. It should be noted that article 32 Zip actually repeats the norms of Article 433 of the Code of Civil Procedure of the Russian Federation:
"Article 433. Explanation of the executive document
1. In case of an ambiguity of the requirement contained in the executive document, or the ambiguity of the method and order of its execution, the debtor, the debtor, the bailiff is entitled to apply to the court who adopted a judicial act, with a statement of explaining the executive document, the method and order of its execution.
2. The application for clarification of the executive document is considered in court session During the ten-day period from the date of receipt of the specified statement in court. "
By the way, before February 1, 2008, this article had another edition, in which the right to apply for clarification was generally provided only by the bailiff. Article 17 of the previous edition of ZIP also said about the same.
Meanwhile, the current legislation has developed a rather interesting situation. The fact is that the APC of the Russian Federation does not contain articles that coincides with the name with Article 433 of the Code of Civil Procedure of the Russian Federation or Article 32 of the Zip, but it has another article - 179.
"Article 179. Explanation of the decision. Correction of the properties, typos and arithmetic errors
1. In the event of an ambiguity of the decision, the arbitration court, who accepted this decision, on the application of the person participating in the case, the bailiff, other executing the decision of the Arbitration Court of the body, the Organization has the right to clarify the decision without changing its content.
2. The explanation of the decision is allowed if it is not written and has not expired during which the decision can be forced fulfilled.
3. The Arbitration Court, who decided, on the application of a person who participates in the case, the bailiff, other executing the decision of the Arbitration Court of the Authority, the Organization or on its initiative it is entitled to correctly correct the default, typos and arithmetic errors without changing its content.
4. For the explanation of the decision, correcting the properties, typos, arbitrating errors The Arbitration Court makes a definition of a ten-day period from the date of receipt of the application to the court, which may be appealed. "
If banks and other credit organizations can be attributed to "other executing decisions of the Arbitration Court to organizations", and on the basis of article 8 of the new edition of Zip, we must do this, it turns out that they can contact a statement about clarifying the decision to the arbitration court, which made it The decision, in case of its ambiguity. Although most likely to dominate in this case will be special norms Articles 32 Zip.
It should be emphasized here that the previous revision of the ZIP regulated relations related to the explanation of the judicial act or the act of another body to be executed, and not the most executive document itself, as well as article 433 of the Code of Civil Procedure of the Russian Federation before February 1, 2008 spoke of the explanation of the judicial regulation, to be executed.
The potential for tightening the execution of the executive document lies in the next rule of part 6 of article 70 of the new edition of ZIP:
"6. In the case of reasonable doubts in the authenticity of the executive document obtained directly from the recoverer (his representative), or doubt about the accuracy of the information presented in accordance with Part 2 of Article 8 of this Federal Law, the Bank or another credit organization is entitled to verify the authenticity of the executive document or the accuracy of information To detain the execution of the executive document, but not more than seven days. "
Whether the bank will be able to realize this opportunity, depends on whether it will be able to convincingly justify his suspicions. If you just cut the shadow on the woven, then this is not quite professionally.
In the case when the recovere will prefer to act through the bailiff, the latter sends to the Bank to fulfill the decision to initiate enforcement proceedings with the application of a copy of the executive document (part 3 of Article 12 of the ZIP).
In general, it should be noted that if the bailiff does not have information about the availability of the debtor of the property, it has the right to request this information from banks and other credit institutions only with permission in the written form of a senior bailiff. By the way, to receive such information is entitled to contact, submitting an appropriate application to the tax authority, a recoverer if he has an executive list with a non-delicent period (Part 8 of Art. 69 ZIP).
What information may be requested from tax authorities, banks and other credit institutions?
First, about the name and location of banks and other credit institutions in which the debtor's accounts are open.
Secondly, the numbers of settlement accounts, quantity and cash flow in rubles and foreign currency.
Thirdly, about other values \u200b\u200bof the debtor who are stored in banks and other credit institutions.
The requested information should be provided by banks or other credit institutions within seven days from the date of receipt of the request.
If funds are available on several accounts of the debtor, then the bailiff in the ruling should indicate which account and in what amount of cash should be written off.
If there is an arrest for funds in the debtor's accounts, then the bailiff in the resolution indicates what amount and the procedure imposed by it arrest with the Debtor's funds. A bank or other credit institution is obliged within three days from the date of receipt of the decision to inform the bailiff on the execution of the specified resolution.
In case of receipt by the Bank or another credit institution of the executive document from the bailiff, the execution of the requirements contained in the executive document on the recovery of funds are carried out by transferring to the deposit account of the division of bailiffs. Recall that if the recoverer sends the executive document directly to the bank or other credit institution, the recovery of funds is carried out by transferring them to the account specified by the recoverer.
Do not fulfill the executive document fully a bank or other credit institution may in the absence of money in the accounts of the debtor or in the case when the funds on the specified accounts are imposed arrest or when in the manner prescribed by law, transactions with cash are suspended.
If the money debtor's accounts are not enough to perform the requirements contained in the executive document, the bank or other credit organization lists the available funds and continues further execution as funds are paid to the account or account of the debtor before the fulfillment of the requirements contained in the executive document. The bank or other credit institute made by the transfer issues, immediately reports the bailiff or the recoverer if the executive document came from the recoverer.
Bank or other credit institution ends the execution of the executive document:
After transferring funds in full;
According to the recoverer;
According to the decree of the bailiff on termination (on the end, cancellation) of execution.
When recovering the debtor's money in foreign currency, which are in accounts and deposits in banks or other credit institutions, the bailiff with its decree instructs them to sell foreign currency in the amount of debt, i.e. in the amount necessary for the fulfillment of the requirements contained in the executive document, taking into account the recovery of expenditures for the commission of executive actions, the fulfillment and fines imposed by the bailiff in the process of executing the executive document, and list the funds received from the sale in rubles to the deposit account of the bailiffs division.
If the Debtor's money in foreign currency is in accounts and deposits in banks and other credit organizations, in accordance with the implementation of the implementation of the license banking operations The right to carry out the purchase and sale of foreign currency, the bailiff of its decision obliges them to list these funds to the bank, having such a law.
In cases where the debt is calculated in foreign currency, the recovery on the executive documents is drawn to the Debtor's funds in foreign currency specified in the executive document, other foreign currency or in rubles, as the bailiff makes the appropriate decision.
The sale and sale of foreign currency is carried out by the Bank or other credit institution that have the right to carry out the purchase and sale of foreign currency in the domestic currency market of the Russian Federation in accordance with the currency legislation of the Russian Federation, at the rate established by these bank or other credit institution for the day of sale. In the absence of such a course, the purchase and sale of foreign currency is carried out at the official rate established by the Bank of Russia. Cash funds in foreign currency are transferred to a bank or other credit institution on the deposit account of the division of bailiffs or the account of the recoverer.
If the debtor's funds are in accounts and deposits in banks and other credit institutions, which, in accordance with the License for the implementation of banking operations, are not provided with the right to carry out the purchase and sale of foreign currency, then the bailiff of its decision obliges a bank or other credit institution to list The specified cash to the bank, having such a right.
When recovering the debtor's funds in foreign currency specified in the executive document, the bailiff of its decision obliges a bank or other credit institution in which these funds are in accounts and deposits, transfer funds in foreign currency on a deposit account Departures of bailiffs or account of the charter.
When recovering the debtor's funds in rubles, the bailiff is obligated by its decision obligances a bank or other credit institution in which these funds are in accounts and deposits, to buy a foreign currency in the amount necessary to fulfill the requirements contained in the executive document, and transfer funds in foreign currency to the deposit account of the division of bailiffs or the account of the charter.
When recovering the debtor's funds in a foreign foreign currency, that is, different from the executive document indicated in the executive document, the bailiff of its decision obliges a bank or other credit institution in which the debtor's money is in accounts and in deposits, sell foreign Currency in the amount of debt necessary to fulfill the requirements contained in the executive document, taking into account the recovery of expenditures for the commission of executive actions, the execution and fines imposed by the bailiff in the implementation of the executive document, to acquire foreign currency specified in the executive document and List funds to the deposit account of the division of bailiffs or the account of the Charger.
It should be noted that when calculating debt in foreign currency, the bailiff shall calculate the executive fee in rubles in the amount calculated on the basis of the official exchange rate established by the Bank of Russia on the day of the decision to recover the fulfillment of the fulfillment. If the bank is not too interested in the execution of the executive document, since it is pursuing his own interest in relation to the debtor, then you can not be lazy and double-check the calculations and calculations of the bailiff: suddenly an error will be detected, and this is an extra reason to win time.
Estimate:
(Official version of Article 211 Code of Civil Procedure of the Russian Federation)
Comments Articles 211 Code of Civil Procedure of the Russian Federation. Court decisions subject to immediate execution
There are two ways to immediately execute solutions: compulsory and optional. The commented article 211 of the Code of Civil Procedure of the Russian Federation determines cases of mandatory execution when the Court is obliged to fulfill its decision immediately. The list of mandatory grounds for immediate execution is an exhaustive and expansion failure. Cases when the court has the right to fulfill the decision immediately listed in Article 212 of the Code of Civil Procedure of the Russian Federation.
Immediate performance - Exception from general rulesprovided for. Its feature is that decisions performed immediately may be appealed to appeal. If the decision will be subsequently canceled, and the claim will be denied, or the lawsuit is left without consideration, or the proceedings are discontinued, it is allowed to turn the execution of the decision in cases and procedure provided for by law (see Commentary on Article 443 of the Code of Civil Procedure of the Russian Federation).
Execution of decisions on the recovery of alimony in Article 211 of the Code of Civil Procedure of the Russian Federation
According to the commented article 211 of the Code of Civil Procedure of the Russian Federation, all decisions are subject to immediate execution for which the alimony is charged, regardless of the subject line of alimony legal relations and on the method of determining the size of the alimony (in the fossisies to the earnings of the defendant or in a solid monetary amount). Does not affect the immediate execution of the decision on the recovery of alimony, the fact that the judge was determined by the definition of the temporary recovery of alimony prior to the decision of the decision into legal force, and when the decisions were made to the decisions of minor children - before the decision of the decision on the recovery of alimony.
At the same time, based on the provisions on the inadmissibility of the test and the inverse recovery of the alimony, with the exception of some cases provided for by this norm, the amounts of alimony provided for by the definition of temporarily recovery from their recipient are not subject to. In determining the size of the recovery by the court decision in a larger volume, which was indicated in the definition of a temporary recovery, the difference formed if it can be established when considering the case on the merits, is charged by solving a separate amount, and in the absence of such an opportunity, this amount refers to debt by alimony.
Performance of solutions for labor disputes under Article 211 Code of Civil Procedure of the Russian Federation
Considering the issue of the immediate execution of a decision on the award of the employee of wages, but not more than three months, the court should indicate the amount of the amount to be immediately charged in favor of the plaintiff.
If in favor of a person restored at work, a remuneration for forced rushing is recovered, the solution in this part is also executed immediately within the amount specified in Art. 211 Code of Civil Procedure of the Russian Federation.
The decision of the Court of Restoration at work is executed immediately in the manner established by the Federal Law "On Enforcement Proceedings", according to which the execution is considered to be completed since the actual admission of the employee to fulfill the previous duties that followed the issuance of the order to cancel the illegal disposition of dismissal.
It should be noted that "on enforcement proceedings" provides for immediate execution not only in relation to illegally dismissed workers, but also with their incorrect translation. On the immediate execution of decisions on the restoration of the employee, illegally translated to another work is also indicated in Art. 396. Labor Code RF. Therefore, under the decision being immediately executed, the decision to restore at work should be understood not only associated with the illegal dismissal of the employee, but also with its illegal translation.
Immediate performance in violation of electoral rights
The distribution of immediate execution on the decision of the court, which a citizen of the Russian Federation is included in the list of voters or referendum participants, is aimed at ensuring the timely participation of a citizen who has active election law in voting. It is not by chance that the application for incorrectness in the lists of voters, the participants of the referendum should be considered within three days from the date of their submission, but no later than the day preceding the voting day, and on the day of voting - immediately.
Rules of immediate execution under Article 211 Code of Civil Procedure of the Russian Federation
Execution of such solutions obeys general rules. Therefore, making a decision on immediate execution, the court must simultaneously write the executive list and give it to the recoverer at his request or committing other actions on execution (Art. 428 Code of Civil Procedure of the Russian Federation). The exception is the procedure for executing a defense decision elective law and the right to participate in the referendum.
If you are satisfied with the court of several requirements, some of which are included in the list of solutions to be immediate execution, according to article 211 of the Code of Civil Procedure of the Russian Federation, while others are not provided for by this list, in the operative part indicate the immediate execution of the decision only in part. For example, when satisfaction is indicated that the solution is subject to immediate execution in terms of the recovery of alimony.
The absence of an indication of an immediate execution in solving the court can be corrected by making the court of a separate definition on the procedure for execution. Such a definition is made by the rules.
An immediate execution is also subject to judicial order as soon as the issuance of the second copy of this order () is issued (), and no matter which of those listed in the claims was laid in the foundation of its issuance.
It should be borne in mind that the decisions listed in the commented article 211 of the Code of Civil Procedure of the Russian Federation are subject to immediate execution due to the instructions of the law and does not depend on the position of the plaintiff and the discretion of the court on this issue.
It may assign a decision to executive documents subject to immediate execution. The applicant lawsuit and the defendant has the right to agree on the time of execution of conditions.
The time interval should not go beyond from 06:00 to 22:00 hours. Directly the hour of X is the bailiff. In some cases, execution can be performed on weekends.
Exceptional moments:
- life or health under threat;
- the result of the requirement is associated with elections to the public institution;
- if property can spoil or be implemented in a short period of time.
In the situations described above, the executive faithful verdict receives written permission From the senior bailiff. Which, in turn, must inform the chief bailiff of the Russian Federation. The result after the consideration of the case and the decision is performed after two months, under the supervision of FSSP.
For other cases of documents on documents, the law provides for the difference in terms of:
- The deadline specified in the executive document established the District Law.
- When performing separate executive actions provided for by a separate measure of execution. Based on the transfer of executing production. The deadline for execution is given in 360 hours.
- With the illegal dismissal or translation of the employee, the prescription is performed immediately, on the first day after the completion of the court.
- Executive documents Immediate execution provide immediate implementation, the result should be in the 1st calendar day after receiving the document to the SSP department.
- The conclusion of the court, providing a lawsuit, must be executed, on the day when the executive list (hereinafter refers) was received by a recovery officer. If there are difficulties that are explained by the progress cause, the execution can be completed next day.
In individual examples, in case of certain circumstances, the following items are provided for exceptional cases:
- No. implies the absence of executive acts due to the fact that they were postponed.
- Art was applied. , and. They allow you to suspend action.
- The resulting delay or installment item according to item.
- When searching for an owl or organization.
- From the day the ruling was issued and a specialist was appointed before reporting or receiving documents with the results of the work done.
- From the moment the property and the money was implemented on the deposit of the SSP division. Time should not exceed 60 days, from the receipt of the last part of the property for sale.
Guided by 1 p. 37 tbsp. FZ-229, released on 02.10.2007, the campaigning party, the debtor or employee of the FSSP have the right to handle a request to firm the execution of the court decision. In accordance with the second paragraph No. 37, all actions are stopped, including forced.
By installments can not be called forced decision. It is only used as an auxiliary tool, with which you can calculate parts. Guided by the relevant charts.
An exception will be considered a valid reason, for example, if the artist is in prison, army or in a hospital institution. In the event that the order of execution is changed, the bailiff is allowed to make a penalty, and does not allow the proper person to pay parts.
Executive documents are performed in the appointed volume according to the generally accepted rules, nevertheless, the method or prosecution may differ. Finding to build or delay the act of executive list, an employee of the recovery on his own initiative, these laws possess the declared parties. The decision on the statement will take judicial authorityIssuing Il.
List of cases for suspension of enforcement proceedings
Articles 40 and 41, provide for the method of suspending production in the following paragraphs:
- In a situation where the arrest of property and the issuance of the executive list is imposed, a claim exempted from arrest was provided.
- The assessment of the arrested property is challenged.
- In those situations that are provided for by the district law.
Production temporarily stops in the following examples, which provided for the current law:
- The judicial conclusion is challenged, after which the executive list was obtained.
- Sophisticated property assessment.
- In the event that the debtor in long departure.
- The statement of the decision or non-fulfillment by the state recovery of the judicial presumption is challenged.
- If it takes into force art. 40 of the law.
The attract is obliged to stop production, guided by the following items:
- With the current circumstances in which the death of the debtor came, or he disappeared.
- Diagnosed disease, as a result of which the legal capacity was lost.
- If the debtor participates in military conflicts in the army or plaintiff, is under the same conditions. Submitted statements from these temporary stops are subject to consideration.
- The leaders of the highest echelon of the organization of the FSSP can temporarily stop the production, if an application was received about the failure to comply with the responsibilities of their subordinates.
If you have questions about the topic of the article, ask them in comments either on duty lawyer of the site. Also call the specified phones. We will definitely answer and help.
2. Executive documents are subject to immediate execution:
1) on the recovery of alimony, wages or other fees for labor within the payments calculated in one month, as well as on the recovery of the entire amount of debt on these payments, if the executive document provides for its immediate recovery;
2) on recovery at work or in the previous position of illegally dismissed or translated employee;
3) on other cases, if the immediate execution of the requirements is provided for by the executive document or federal law.
Comment on Article 13
1. The rules on the deadlines for the execution of executive actions were first introduced into this Law and are directed primarily to protect the rights of the recoverer. The deadlines established in the commentated article are service life. No effective procedural levers allowing the parties involved in the executive production to effectively affect their violators, unfortunately, this law does not contain.
2. In paragraph 1 of Art. 13 of the Law Dana General legal norm, establishing a two-month deadline for the execution of the executive document. This period is calculated from the date of receipt of the executive document to the bailiff. Such an order of calculation of terms leads to the Volokat and violation of the rights of the recoverer. The deadline established by paragraph 1 should be calculated from the date of receipt of the executive document into the relevant bailiff service, and not from the date of its receipt by the bailiff.
3. In paragraph 2 of Art. 13 of the law lists the requirements of executive documents subject to immediate execution. Apply the rule enshrined here is necessary, taking into account the new civil procedural legislation. So, according to Art. 211 Code of Civil Procedure of the Russian Federation immediate execution is subject to judicial order or court decision on:
- recovery of alimony;
- pay the employee of wages for three months;
- restoration at work;
- inclusion of a citizen of the Russian Federation to the voter list, referendum participants.
The list of requirements specified in paragraph 2 of Art. 13 is not closed. In under. 3 p. 2 of this article states that the requirements of executive documents are subject to immediate execution and on other cases, if the immediate execution of the requirements is provided for by the executive document or federal law. For example, according to Part 2 of Art. 182 and part 7 art. 201 of the APC RF is immediate execution to decide on the decisions of the Arbitration Court for the challenge of the abnormative acts of state authorities, local governments, other bodies, as well as decisions on disposal of decisions and actions (inaction) of these bodies, determining the approval of the settlement agreement (h. 8, Art. 141 APC RF), Definition of the Arbitration Court to ensure the claim (part 1 of Art. 96 of the APC RF).
In accordance with Art. 182 APC RF Arbitration Court on the claimant is entitled to deal with immediate execution, if due to special circumstances, the slowdown in its execution can lead to significant damage for the recoverer or to make execution impossible. The immediate execution of the decision is allowed when providing a recovery to ensure the turning of the execution in case of cancellation of the decision of the court (counter support) by making money to the deposit account of the Arbitration Court in the amount of awarded amount or the provision of a bank guarantee, guarantee or other financial support for the same amount.
The question of addressing the decision to immediate execution is considered at the court hearing. Persons participating in the case are notified about the time and place of the court session. The failure to appear in properly about the time and place of the court session is not an obstacle to the permission of the issue of the immediate execution of the decision of the Arbitration Court.
According to the results of consideration of the issue of addressing the decision to immediate execution, the arbitration court makes a definition that can be appealed.
Copies of definition are sent to persons participating in the case, no later than the next day after the day of his submission.
The definition of addressing the decision to immediately execute is subject to immediate execution. Appeal of the definition does not suspend its execution.
Terms in enforcement proceedings. Cases of immediate execution of the requirements of executive documents
The time of the execution of executive actions is defined by Art. 35 law.
The debtor and the debtor has the right to offer a convenient time for them to perform executive actions. As a general rule, executive actions are performed on working days from 6 hours to 22 hours local time. The specific time of the executive action is determined by the bailiff.
In cases not tolerant, in order to eliminate the execution of executive actions and the use of measures forced execution can be carried out in non-working days established by federal law or other regulatory legal actsAnd also on working days from 22 hours to 6 hours.
These cases include:
1) the threat of life and health of citizens;
2) when the fulfillment of the requirements contained in the executive document is associated with elections to state authorities and local governments;
3) execution of a court definition about ensuring a claim;
4) the recovery of the debtor's property, prone to quick damage.
In all these cases, the bailiff must receive the permission of the senior bailiff in writing, which immediately notifies the main bunch of the subject of the Russian Federation.
For enforcement proceedings, as well as for civil or arbitration processThe principle of its continuity is characteristic, i.e. From the excitation of enforcement proceedings, the executive actions on the execution of the jurisdictional act must continuously and continuously. Executive proceedings should end with the full and timely execution of all the requirements of the executive document. The requirements contained in the executive document should be executed by the bailiff within a two-month period from the date of initiation of enforcement proceedings. For individual executive actions, the law establishes a different time:
1) if the deadline for the execution of the requirements contained in the executive document is established by federal law or executive document, then the requirements must be executed on time set by federal law or executive document;
2) when performing separate executive actions and (or) applying individual measures of compulsory execution on the basis of an instruction on the transfer of enforcement proceedings, the decision should be executed within fifteen days from the date of receipt of it into the division of bailiffs;
4) if the executive document provides for the immediate execution of the requirements contained in it, their execution should be launched no later than the first working day after the day of receipt of the executive document into the division of bailiffs;
5) The requirements contained in the executive list issued on the basis of a court definition of a claim should be executed on the day of the executive list to the division of bailiffs, and if it is impossible for reasons that do not depend on the bailiff - no later than the next day;
6) Requirements of the bailiff on interim measures, including those who entered in order to make individual executive actions and (or) to apply certain measures of compulsory execution, should be executed on the day of receipt of the executive list in the division of bailiffs, and if it is impossible to For reasons that do not depend on the bailiff, no later than the next day, if the order itself does not establish another procedure for its execution.
Nevertheless, after the excitement of the enforcement proceedings, certain circumstances may arise that impede its normal development. The exceptions of the general executive rules include the following periods:
1) during which the executive actions were not made in connection with their deposition (Article 38 of the Law);
2) during which the enforcement proceedings were suspended (Art. Article 39, 40, 41 of the Law);
3) time of deferment or installment execution of the executive document (Art. 37 of the Law);
4) from the date of the announcement of the search for the debtor-organization, as well as the property of the debtor to the end of the search day;
5) from the date of the conversion of the collector, the debtor, the bailiff in court, another body or to the official who issued the executive document, with a statement of explaining the provisions of the Executive document, providing a delay or installment of its execution, as well as the change in the method and order of it execution until the day receipt by the bailiff of the judicial act, the act of another body or an official adopted on the results of the consideration of such an appeal;
6) from the date of the decision to appoint a specialist to the day of receipt to the division of the bailiffs of his report or other document on the results of work;
7) from the date of transfer of property to implement until the day of the receipt of funds reversed from the implementation of this property on account of funds entering into a temporary disposal of the division of bailiffs (hereinafter - the deposit account of the division of bailiffs), but not more than two months from the date of transfer of the latter Parts of the specified property for implementation.
18. Delay or installment execution executive documents. Changing the method and order of execution of executive documents. Deposition of executive actions.
In accordance with paragraph 1 of Art. 37 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings" Decader, debtor, bailiff has the right to apply for a deferment or installment of the execution of a judicial act, an act of another body or an official, as well as a change The method and order of its execution to court, another body or to a job person who issued an executive document.
According to paragraph 2 of Art. 37 The deferment implies the suspension of execution, with all, and not only forced executive actions.
Instant, unlike a delay, does not imply the impurgency of compulsory execution, its provision means only the ability to fulfill the obligations in parts (for example, execution in accordance with the approved repayment schedule of debt, etc.). The execution delay can be provided, for example, as a result of a severe property of the debtor, as well as if the executive document can be executed only by the debtor himself, which is in the hospital and in other similar cases.
The change in the method and order of execution does not prohibit the bailiff-performer to carry out forced recovery (as if delayed) and does not give the debtor the possibility of execution in parts (as if by installments). The executive document is executed in the same amount, according to the same general rules, however, it is performed in another way or in more order.
Deferral or installment of judicial acts and acts of other bodies, as well as a change in the method and order of their execution, do not suspend the executive process and do not affect the deadlines for the execution of executive actions.
With a petition for the provision of a deferment or installment execution of the executive document, as well as a change in the method and order of its execution, can appeal, firstly, the bailiff, which acts here on its own initiative or the statement of the parties, and secondly, the parties to the executive proceedings - By their desire.
The decision on the deferment or installment of execution, as well as the change in the method and the procedure for execution, is adopted or another body that issued an executive document. After making the competent authority, the decision on a deferment or installment of execution as well as the change in the method and procedure of execution, the bailiff in fulfillment of the requirements of the law is obliged to make the appropriate decision.
19. Suspension of enforcement proceedings. Mandatory foundations of suspension of enforcement proceedings. Optional foundations of suspension of enforcement proceedings.
The law provides for the possibility of suspension of enforcement proceedings as a court (Art. 40 of the Law) and the bailiff (Article 41 of the Law). Allocate compulsory and optional suspension of the executive proceedings. The court is obliged to suspend executive production in whole or in part in cases:
1) the presentation of a claim for exemption from superimposed arrest (exclusion from OTICI) of the property to which the execution document is redeeming;
2) challenging the results of the assessment of the arrested property;
3) challenging the decision of the bailiff on the recovery of the fulfillment of the fulfillment;
Executive proceedings can be suspended by the court in the manner prescribed by the procedural legislation of the Russian Federation and the Law on Enforcement Proceedings, in whole or in part in cases:
1) challenging the executive document or judicial act, on the basis of which an executive document issued;
2) challenging in the court of the Act of the Organ or an official authorized to consider cases of administrative offenses;
3) Looking for a debtor in a long service business trip;
4) adoption of the application for the disposal of the decree, actions (inaction) of the bailiff or refusal to perform actions;
5) the conversion of the recoverer, the debtor or the bailiff in the court, another body or to the official who issued an executive document, with a statement of clarification of the provisions of the Executive document, the method and order of its execution;
6) in other cases provided for by Art. 40 of the law.
The bailiff must suspend the executive production in whole or in part in cases:
1) the death of the debtor, the announcement of his deceased or recognition is missingly absent, if the required judicial act, the act of another body or an official of the claim or obligation admire the succession;
2) loss by the debtor of legal capacity;
3) the participation of the debtor in hostilities as part of the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with the legislation of the Russian Federation, the fulfillment of the tasks in the conditions of emergency or military situation, armed conflict or the request of the recoverer in the same conditions;
4) the response from the debtor - a credit institution license to carry out banking operations, with the exception of enforcement proceedings, which, in accordance with the Federal Law "On Banks and Banking", is not suspended;
5) applying by an arbitration court regarding the debtor-organization of bankruptcy procedure in the manner established by Article 96 of the Law;
6) adoption by the court to consider the claim of the debtor about the deferment or installment of the recovery of the fulfillment of the fulfillment of its size or on exemption from the recovery of the fulfillment;
7) directions by the bailiff on the federal tax service or the Bank of Russia notification of the imposition of arrest on the property of the debtor-organization property.
Executive production can be suspended by the bailiff fully or partially in cases:
1) finding a debtor on treatment in a stationary medical institution;
2) search of the debtor-citizen or investigation of the child;
3) requests for the debtor passing military service upon call in the Armed Forces of the Russian Federation, other troops, military structures and bodies created in accordance with the legislation of the Russian Federation;
4) Directions of the decision on the instructions to make separate executive actions and (or) to apply certain measures of compulsory performance.
The main bailiff of the Russian Federation, the main bailiff of the subject of the Russian Federation and their deputies have the right to suspend enforcement proceedings in the event of a complaint against the decision, actions (inaction) subordinate to the officials of the bailiffs service.
The application for the suspension or termination of the enforcement proceedings is considered by the bailiff of the executor on a ten-day period from the date of receipt of the statement. According to the results of the consideration of the application, the bailiff makes a decision on the suspension or termination of the enforcement proceedings or to refuse to suspend or terminate the enforcement proceedings.
The judicial act, the act of another body or an official on the suspension or termination of the execution of the Executive document is subject to immediate execution from the date of its receipt by the bailiff.
Executive production is suspended by a court or bailiff before eliminating circumstances that served as the basis for the suspension of enforcement proceedings. According to suspended enforcement proceedings, the use of compulsory measures is not allowed to be resumed.
The court or bailiff resumes suspended enforcement proceedings after eliminating circumstances that served as the basis for its suspension.
20. Grounds of termination of enforcement proceedings. Consequences of termination of enforcement proceedings.
Termination of enforcement proceedings takes place in cases:
1) The death of a citizen's recoverer (citizen's debtor), the announcement of his deceased or recognition as missing, if the required judicial act, the act of another body or an official, the requirement or obligations cannot move to the legal managing and cannot be implemented by the trustees appointed by the guardianship authority and guardianship;
2) the loss of the possibility of executing the executive document obliging the debtor to make certain actions (refrain from committing certain actions);
3) refusal failure from obtaining a thing from the debtor in the execution of an executive document containing the requirement to transfer it to its recoverer;
4) in other cases provided for by federal law.
Executive proceedings terminated by the bailiff in cases:
1) the adoption by the Court of Act on the termination of the execution of the executive document issued by him;
2) adoption by the court of refusal failure from recovery;
3) approval by the court of a settlement agreement between the recoverer and the debtor;
4) cancellation of the judicial act, on the basis of which an executive document issued;
5) the cancellation or recognition of an invalid executive document on the basis of which enforcement proceedings were initiated;
6) Termination on the grounds and in the manner as established by federal law, the execution of the judicial act, the act of another body or an official in the case of an administrative offense case by the court, another body or official who issued the executive document.
As a result of the termination of the enforcement proceedings, the decision on the termination of the enforcement proceedings, the bailiff repeals all the measures appointed to them, including the arrest of property, as well as the limitations established for the debtor. At the same time, with the decision of the termination of the main enforcement proceedings, with the exception of the termination of the enforcement proceedings due to the cancellation of the judicial act, on the basis of which an executive document or cancellation was issued, but equally recognized by an invalid executive document, on the basis of which enforcement proceedings, the bailiff fulfillment initiates Executive proceedings on not fulfilled fully or partially decisions on recovery from the debtor expenditures for the execution of executive actions, the execution and fines imposed by the bailiff in the process of executing the executive document.
If, after the termination of the main executive proceedings, enforcement proceedings were initiated by fully or partially or partially to recover from the debtor for the execution of executive actions, the execution and fines imposed by the bailiff in the implementation of the executive document, the restrictions established for the debtor during The main executive proceedings are preserved by the bailiff in the sizes necessary for the execution of newly excited enforcement proceedings.
Copies of the judicial bailiff for the termination of enforcement proceedings, on the abolition of compulsory measures and on the initiation of enforcement proceedings on not fulfilled fulfilled in fully or partially decisions to recover from the debtor for the commission of executive actions, the execution and fines imposed by the bailiff in the process in the process The execution of the executive document is sent to the recoverer, the debtor, to the court, another body or a job person who issued the executive document, as well as to the authorities (persons), the executive decisions on the establishment of restrictions for the debtor, within three days from the date of the decision on the termination of enforcement proceedings.
The executive document on which the enforcement proceedings is discontinued remains in the materials of the terminated enforcement proceedings and cannot be re-presented for execution.
21. Responsibility in enforcement proceedings: concept, features, types.
Responsibility B. executive right It is the responsibility of a subject of the enforcement proceedings to undergo unfavorable consequences in the event of a violation by this subject of imperative regulations regulating enforcement proceedings in the Russian Federation.
Responsibility in the executive right is characterized by the following features:
established by the norms of executive law;
Meanwhile, civil procedural legislation and currently continues to interfere with the regulation of executive procedural responsibility. So, st. 431 Code of Civil Procedure of the Russian Federation establishes responsibility for the loss of an executive list or a court order in the form of a fine of up to 25 minimum wages established by law.
responsibility arises over and in connection with the violation of the rules of execution of the acts specified in Art. 12 of the Federal Law "On Enforcement Proceedings";
the wizard is usually designed;
responsibility measures are determined and imposed by the bailiff with the subsequent approval of the senior bailiff, with the possibility of their subsequent challenge in court.
You can distinguish four main types of responsibility, depending on the substance, the measure of responsibility established by the norm of the Executive Right:
1) penalty;
2) in the form of a performer;
3) compensation;
4) in the form of other adverse effects.
Penalty responsibility is a measure of exposure used as monetary recovery In violation of the norms of executive law. Wines when imposing a fine, usually designed.
A feature of the application of penalty area is that the will of one official is not enough for its application, since the ruling of a bailiff on the imposition of a fine must be approved by the elder bailiff of the relevant division. In addition, with the disagreement of a fined face with a fine size or with its imposition itself, this person has the right to challenge the decision on the imposition of a fine to court within a 10-day term. Thus, it is installed double (preheated from the senior bailiff and the next court) control over the correctness of the imposition of a penalty area.
Responsibility in the form of a fulfillment occurs for the debtor in case of non-fulfillment of the executive document without good reasons to the deadline established for voluntary execution (one of the rare cases when the legislator clearly regulates the amount of responsibility). The decision to recover the fulfillment is also approved by the older bailiff and can be challenged in court.
Compensation responsibility (this type of responsibility can also be called reimperating) is intended to compensate for damages caused by one of the participants in the executive production to another.
In particular, Art. 118 of the law provides for the right of the recoverer to submit to persons paying the debtor wages, a pension, scholarship or other periodicals, the claim for the recovery of the monetary amount, held from the debtor, but not listed by the recoverer for their fault.
From payment of the state duty for the presentation of such a claim, the recoverer was released, which is the necessary procedural benefit and demonstrates the meaning of the legislator to protect the rights of participants in the enforcement proceedings.
If the debtor is not fulfilling the executive document on the restoration of the illegally dismissed or translated employee of Art. 120 of the law provides for the non-fulfillment of the requirements for the restoration of the illegally dismissed or translated employee from the head or other employee of the Organization, perpetrators of the executive document, the damage caused to the organization, with the payment of the employee of the employee, which is defined in the executive document.
Responsibility in the form of other adverse effects is not generally recognized legal category. Such responsibility measures include, for example, refusal to recover in the initiation of enforcement proceedings on the executive document, aimed at the expiration of the established Art. 21 of the law of the deadline for its execution (Art. 31 of the Law).
Responsibility in the executive right has other specifics. The subjects on which it can be assigned are not only persons participating in the executive work, but also other subjects to which the requirement of the bailiff is faced.
At the same time, the punishment for any unscrupulous participant in the enforcement proceedings implies not punitive, and the shepheric importance, in order to encourage entities to legitimate behavior.
22. Responsibility for failure to fulfill the legal requirements of the bailiff and violation of the legislation of the Russian Federation on enforcement proceedings.
In cases of non-fulfillment of the claims contained in the executive document, within a period established for voluntary execution, as well as the non-fulfillment of the executive document to be immediately executed, during the day from the date of receipt of a copy of the decision of the bailiff on the initiation of enforcement proceedings, the bailiff makes a decision to recover the fulfillment and establish the debtor new term For execution.
If the debtor is not fulfilling the requirements contained in the executive document, without valid reasons again set time The bailiff applies a fine to the debtor, provided for in Article 17.15 of the Code of Administrative Offenses of the Code of Administrative Offenses, and establishes a new term for execution. If the debtor's participation of the specified requirements is not necessary, then the bailiff organizes execution in accordance with the rights granted to him by the Enforcement Committee.
In accordance with Art. 17.15 Failure to fulfill the debtor in the executive document of the requirements of a non-property nature on time set by the bailiff after the execution of the fulfillment of the fulfillment of the executive fee - entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; on officials - from ten thousand to twenty thousand rubles; on the legal entities - from thirty thousand to fifty thousand rubles.
Failure to fulfill the debtor in the executive document of the requirements of a non-property in the period newly established by the bailiff after the imposition of an administrative penalty - entails the imposition of an administrative fine on citizens in the amount of from two thousand to two thousand five hundred rubles; on officials - from fifteen thousand to twenty thousand rubles; On legal entities - from fifty thousand to seventy thousand rubles.
If there is a person in the actions that does not fulfill the requirements of the executive document of the non-property, signs of the crime, the bailiff shall submit an idea of \u200b\u200battracting criminal responsibility specified person (Art. 315 of the Criminal Code of the Russian Federation).
23. Distribution of recovered monetary sums and order to meet the requirements of the charter.
All cash, including from the sale of property, should come to the deposit account of the division of bailiffs and be issued from the account in order of priority established in Part 3 and 4 of the commented article within five operational days from the date of their receipt. Under the operating day it is understood as the first half of the Bank's working day, during which documents are received, including payment reports.
The procedure for calculating the data of the deadlines is determined by Art. 15 of the law on enforcement proceedings. On time calculated by days, non-working days are not included. The course of this period begins the day after the flow of monetary amounts. If the bailiff has no information about bank accounts, which can be transferred to the recovered amount, it directs the same period specified person Notification of the recoverable amount of service deposit. The order of the direction of such notification is determined by ch. 4 of the law on enforcement proceedings, and its content - art. 25 commented law.
The procedure for enrollment of money on the deposit account and their write-off was made taking into account the instructions on the procedure for taking into account funds entering the temporary disposal of structural territorial organs Federal Service bailiffs approved by the order of the Ministry of Justice of Russia and the Ministry of Finance of Russia of January 25, 2008 N 11 / 15N (as amended from 06.08.2008) * (126), the law on enforcement proceedings.
Unwilling amounts remain on the deposit account of the service for three years from the date of receipt, and then transferred to the federal budget.
In part 3 and 4 of the article, the article provides for a sequence of satisfying the requirements of the charter at the expense of the funds received on the deposit separately for executive documents on property collection and non-property requirements.
In accordance with the norms of this article and general order Transferring funds The bailiff when establishing the insufficiency of the amount on the day of distribution over three operating days from the date of receipt of funds to the deposit account is obliged to implement the following actions:
1) Determine the amounts of executive documents at the next order:
- First of all, the claims for the recovery of alimony, compensation for harm caused by health, due to the death of the breadwinner, reimbursement moral harm;
- in the second place to include requirements for the payment of weekend benefits and remuneration of persons working (workers) labor Treaty, as well as on the payment of remuneration to authors of the results of intellectual activity;
- in the third place to attribute executive sheets mandatory plates to the budget I. extrabudgetary funds;
- In the fourth place, all other requirements are satisfied;
Immediate execution of the decision on Code of Civil Procedure of the Russian Federation (concept, species, grounds)
The decision of the court is carried out to be executed after its entry into force, with the exception of instance cases, in the manner prescribed by the Federal Law (Art. 210 Code of Civil Procedure of the Russian Federation).
The law provides for two types of immediate execution of a court decision: a mandatory referral (optional).
With a mandatory, the court draws a decision to immediate execution without a special discussion of this issue. For optional, the question of addressing the decision to immediate execution should be discussed by the court and is reflected not only in the resolution, but also in the motivative part of the court decision.
The issue of immediate execution is usually considered simultaneously with the submission of a court decision, but it is possible to consider this issue after making a decision. In this case, he is seen at the court session, with the notice of persons participating in the case, about the time and place of the meeting, but their non-appearance does not interfere with the solution to the issue. The definition of immediate execution of the decision may be appealed, but it does not suspend the immediate execution of the decision.
An immediate execution is subject to judicial order or court decision (Art. 211 Code of Civil Procedure of the Russian Federation):
Recovery of alimony;
Pay salary worker for three months;
Restoration at work;
Inclusion of a citizen of the Russian Federation to the voter list, referendum participants.
The court was granted the right to turn to immediate execution to the decision in any case, if due to the special circumstances, the slowdown in its execution could lead to significant damage for a recoverer or execution may be impossible (part 1 of Art. 212 Code of Civil Procedure of the Russian Federation).
Circumstances indicating the need to address the decision to immediate execution must be established by the court. Upon acceptance of the immediate execution of the decision, the Court may require the plaintiff to ensure the rotation of its execution in case of cancellation of the court decision.
The question of the immediate execution of the decision, if it is not reflected in judicial decisionmay be resolved in accordance with Art. 203 Code of Civil Procedure of the Russian Federation, as a changing procedure for executing a court decision.
In cases where the court does not evaluate the decision to immediate execution, but there is a danger that execution may be difficult or becoming impossible, the court has the right to ensure the execution of a decision on the same rules that are provided for to ensure the claim (Article 139-146 of the Code of Civil Procedure of the Russian Federation ). The question can be resolved both when making a solution and after that. If measures were previously taken to ensure the claim, it is not necessary to ensure the fulfillment of the decision, since these measures act up to the execution of the decision.
(Official version of Article 211 Code of Civil Procedure of the Russian Federation)
An immediate execution is subject to judicial order or a court decision on:
recovery of alimony;
pay salary worker for three months;
restoration at work;
inclusion of a citizen of the Russian Federation to the voter list, referendum participants.