Excitation enforcement proceedings, as already noted, forms an independent and mandatory stage of enforcement proceedings. Its tasks are: ensuring the lawful occurrence of enforcement proceedings; determination of the parties to enforcement proceedings; planning for upcoming executive action.

To initiate enforcement proceedings general rule necessary:

1. presentation of an executive document;
2. filing an application by the claimant;
3. the issuance of a bailiff-executor of a decision to initiate enforcement proceedings.

According to part 2 of Art. 30 of the Law on Enforcement Proceedings, the application is signed by the recoverer or his representative. The representative attaches to the application a power of attorney or other document certifying his authority. The application may contain a petition to seize the debtor's property in order to ensure the execution of the claims contained in the executive document for property recovery, as well as to establish restrictions for the debtor provided for by the Law on Enforcement Proceedings.

In some cases, enforcement proceedings are initiated without a corresponding application. So, after the end of the main enforcement proceedings, the bailiff initiates enforcement proceedings on the issued and unexecuted orders to recover from the debtor the costs of performing enforcement actions, the performance fee and fines imposed by the bailiff in the process of executing the executive document (part 16 of Art. 30 of the Law on Enforcement Proceedings). In addition, the bailiff initiates enforcement proceedings without the application of the recoverer, in particular, if it is necessary to perform certain enforcement actions and (or) the application of certain measures of enforcement in the territory that is not subject to the powers of the bailiff.

In this case, he has the right to instruct the relevant bailiff to perform executive actions and (or) apply enforcement measures. The order is issued by the decision of the bailiff-performer, approved by the senior bailiff. According to the said decision, the bailiff to whom it was received initiates enforcement proceedings (part 6 of article 33 of the Law on Enforcement Proceedings).

Enforcement proceedings are initiated without an application and in cases where a court, other body or official, in accordance with federal law send a writ of execution to the bailiff-executor (part 5 of article 30 of the Law on Enforcement Proceedings).

The executive document and the application are submitted by the recoverer at the place of execution of enforcement actions and the application of enforcement measures. Thus, the place of submission of the above documents is determined according to the rules of Article 33 of the Law on Enforcement Proceedings. So, if the debtor is a citizen, then enforcement actions are performed and enforcement measures are applied by the bailiff at the place of his residence, place of residence or location of his property. If the debtor is an organization, then enforcement actions are taken and enforcement measures are applied at its legal address, location of its property or at the legal address of its representative office or branch.

There may be situations when there is no information about the whereabouts of the debtor, his property or the whereabouts of the child. In this case, enforcement actions are performed and enforcement measures are applied by the bailiff at the last known place of residence or place of stay of the debtor or at the place of residence of the recoverer until the location of the debtor, his property is established. Accordingly, this will be the appropriate place for filing an application and an executive document.

In the event that the claimant does not know in which division bailiffs enforcement proceedings must be initiated, then he has the right to send an enforcement document and an application to the territorial body Federal Service bailiffs (chief bailiff of the subject Russian Federation) at the place of performance of enforcement actions and the application of enforcement measures. The chief bailiff of a constituent entity of the Russian Federation sends these documents to the appropriate bailiff division within five days from the date they are received, and if the executive document is subject to immediate execution, on the day they are received.

The Law on Enforcement Proceedings establishes a general three-day period for the transfer to the bailiff-executor of the application of the recoverer and the executive document from the day they are received by the bailiff unit.

In turn, the bailiff-executor within three days from the date of receipt of the executive document to him makes a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings.

If the executive document is subject to immediate execution, then after it enters the bailiff unit, it is immediately transferred to the bailiff, whose powers extend to the territory where the execution is to be carried out, and in his absence, to another bailiff. The bailiff must make a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings within one day from the date of receipt of the executive document by the bailiff unit.

A copy of the decision of the bailiff on the initiation of enforcement proceedings no later than the day following the day of issuance of the said decision shall be sent to the recoverer, the debtor, as well as to the subject that issued the executive document.

The legislation on enforcement proceedings establishes Institute of Consolidated Enforcement Proceedings(Article 34 of the Law on Enforcement Proceedings). It pursues the goals of ensuring the full and correct execution of the requirements of enforcement documents and control over the distribution of amounts collected from the debtor.

Consolidated enforcement proceedings arise (enforcement proceedings are combined into consolidated enforcement proceedings) in cases where: several enforcement proceedings have been initiated against one debtor; in relation to several debtors, enforcement proceedings were initiated on joint recovery in favor of one recoverer.

According to Article 322 of the Civil Code of the Russian Federation, a joint and several obligation (liability) or a joint and several claim arises if the solidarity of the obligation or claim is provided for by the contract or established by law, in particular if the subject of the obligation is indivisible. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts or conditions of the obligation.

Solidary obligations may arise both from lawful actions and as a result of an offense (in particular, when the subject matter in the obligation is indivisible). The expansion of the scope of application of joint and several liability in business relations should contribute to the real protection of the rights and interests of creditors, meet the general trend of increasing the responsibility of entrepreneurs in comparison with persons not engaged in entrepreneurial activities.

Joint and several obligations can be:

1. contractual and non-contractual;
2. basic (original) and dependent (derivatives). The main one is, for example, an obligation arising on the basis of a lease agreement. If one of the debtors compensates the creditor (lessor) for losses, then he has the right to demand compensation from others in a recourse order, minus the share falling on him. In other words, a new derivative, dependent recourse obligation appears. A recourse obligation is joint and several if it is provided for by an agreement of joint and several debtors; in the absence of such an agreement, the recourse obligation will be shared (Article 325 of the Civil Code of the Russian Federation);
3. subsidiary liability. Jointly and severally subsidiary liability is borne by participants in a general partnership for its obligations, as well as general partners in a limited partnership (Articles 75, 82 of the Civil Code of the Russian Federation);
4. joint and several (security) liability of the guarantor for the actions of the debtor (Article 363 of the Civil Code of the Russian Federation). In this case, it is the guarantor who bears responsibility for the debtor on the basis of a special agreement concluded by him with the creditor. The debtor is responsible for his own actions, the principle of liability "one for all", characteristic of a joint obligation, applies only to the guarantor (but not to the debtor, for whom the guarantor is responsible);
5. joint and several liability of several legal entities arising as a result of the reorganization, if it is not clear from the content of the separation balance sheet who exactly is the successor and is responsible for specific obligations to the creditors of the reorganized legal entity. As a result of the reorganization (by division), an ordinary obligation with one debtor is transformed into a solidary obligation (if specific assignees are not identified in the separation balance sheet);
6. joint and several liability of adult family members of the tenant of the residential premises for obligations arising from the contract of social rental of residential premises (Article 672 of the Civil Code of the Russian Federation). The family members themselves do not conclude an agreement with the landlord, however, the existence of such an agreement between the landlord and the tenant, as well as the fact of belonging to the members of the tenant's family, are the basis for the emergence of joint and several liability of the family members and the tenant.

In case of a joint and several obligation of debtors, the creditor has the right to demand performance both from all debtors jointly, and from any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the other joint and several debtors. At the same time, joint and several debtors remain obligated until the obligation is fully fulfilled (Article 323 of the Civil Code of the Russian Federation).

The performance of a joint and several obligation in full by one of the debtors releases the other debtors from performance to the obligee. Unless otherwise follows from the relationship between joint and several debtors: 1) the debtor who has performed the joint and several obligation has the right to claim recourse against the other debtors in equal shares, minus the share falling on him; 2) unpaid by one of the joint and several debtors to the debtor who performed the joint and several obligation, falls in an equal share on this debtor and on the other debtors.

To ensure control over the execution of summary enforcement proceedings in accordance with Part 6 of Art. 34 of the Law on enforcement proceedings, the chief bailiff of the Russian Federation and the chief bailiffs of the constituent entities of the Russian Federation create data banks containing information on the conduct of summary enforcement proceedings.

In the event that enforcement documents in respect of one debtor or several debtors for joint recovery are presented to the subdivisions of the territorial bodies of the Federal Bailiff Service of several constituent entities of the Russian Federation, then summary enforcement proceedings are initiated (conducted) on them in the bailiff unit, which is determined by the chief bailiff bailiff of the Russian Federation. The Law on Enforcement Proceedings establishes that the chief bailiff of the Russian Federation himself exercises control over the conduct of such enforcement proceedings. In turn, he has the right to assign it to one of his deputies, the chief bailiff of the constituent entity of the Russian Federation or the senior bailiff at the place of conducting consolidated enforcement proceedings (part 2 of article 34).

If enforcement documents in relation to one debtor or several debtors for joint and several collection are presented to several divisions of the territorial body of the Federal Bailiff Service, then consolidated enforcement proceedings are initiated (conducted) on them in the bailiff unit, which is determined by the chief bailiff of the subject of the Russian Federation. The conduct of such enforcement proceedings is controlled by the chief bailiff of the constituent entity of the Russian Federation or assigned to one of his deputies or a senior bailiff at the place of conducting consolidated enforcement proceedings.

Received executive documents containing claims of a property nature to the debtor, in respect of which summary enforcement proceedings are being conducted, and enforcement proceedings initiated in other divisions of the bailiffs are transferred to the bailiff-performer leading the summary enforcement proceedings. The recoverer, the debtor, as well as the entities that issued the executive document, are notified about this.

According to the summary enforcement proceedings, enforcement actions are performed and enforcement measures are applied by the bailiff in the territory to which his authority does not apply, in the manner prescribed by parts 11-13 of Art. 33 of the Law on Enforcement Proceedings.

The previous legislation did not provide for the possibility of refusal to initiate enforcement proceedings. Pursuant to section 10 of the 1997 Law on Enforcement Proceedings, the bailiff could only return the writ of execution if there were grounds for doing so.

The new Law on Enforcement Proceedings in Article 31 provides for grounds for refusing to initiate enforcement proceedings.

So, the bailiff-performer within three days from the date of receipt of the executive document to him makes a decision to refuse to initiate enforcement proceedings, if:

1. the enforcement document is presented without the application of the recoverer or the application is not signed by the recoverer or his representative, except in cases where enforcement proceedings are subject to initiation without the application of the recoverer;
2. the executive document was not presented at the place where the enforcement actions were performed, except in the case when the recoverer does not know in which division of the bailiffs the enforcement proceedings should be initiated, and he, in accordance with part 4 of Art. 30 of the Law on Enforcement Proceedings sent all Required documents to the territorial body of the Federal Bailiff Service at the place of enforcement actions and the application of enforcement measures;
3. expired and not restored by the court deadline for the presentation of the enforcement document for execution;
4. the document is not executive or does not meet the requirements for executive documents established by Article 13 of the Law on Enforcement Proceedings;
5. the executive document was previously presented for execution and the enforcement proceedings on it were terminated on the grounds established by Article 43 and part 14 of Art. 103 of the Law on Enforcement Proceedings;
6. the executive document was previously presented for execution and the enforcement proceedings on it were completed on the grounds established by paragraphs 1 and 2 of part 1 of Art. 47 and paragraphs 1, 2 and 4 of part 15 of Art. 103 of the Law on Enforcement Proceedings;
7. a judicial act, act of another body or official, which is an executive document or on the basis of which an executive document was issued, has not entered into force, with the exception of executive documents subject to immediate execution;
8. the executive document in accordance with the legislation of the Russian Federation is not subject to execution by the FSSP of Russia.

When a bailiff-executor issues a decision to refuse to initiate enforcement proceedings, a copy of it with the attachment of all documents received no later than the day following the day of issuance of the said decision is sent to the recoverer, as well as to the entities that issued the executive document.

We note that the refusal to initiate enforcement proceedings, subject to the elimination of the circumstances provided for in paragraphs 1-4 and 7 of Part 1 of Art. 31 of the Law on Enforcement Proceedings, does not prevent the re-direction (presentation) of the writ of execution to the bailiff in the manner prescribed by law.

The practice of the last 6 years of communication and attempts to interact with the Federal Bailiff Service (FSSP), or rather, with that part of it that is engaged in enforcement proceedings, has shown that this part of the FSSP is the most disgusting and ugly as in the execution of each bailiff of his official duties as well as in terms of their efficiency. At the same time, they surprisingly managed to spoil relations with other federal services, as well as with business and citizens. This, among other things, is expressed in the fact that (as a rule) they do not inform claimants about the initiation of enforcement proceedings, and the enforcement proceedings themselves quite often “lose” them for some reason, mice, rats and other rodents like to eat them, “why - it is precisely on them that all the water available within a radius of a kilometer from the district division of the FSSP is poured, etc.

Bailiffs - executors have already intimidated everyone with their powers: from law-abiding organizations they (without due grounds) require the provision of personal data about debtors, debtors are frightened (mainly through the media) with various kinds of bans, and in most cases, claimants, in most cases, nothing at all they do not report either on the initiation of enforcement proceedings, or on the progress of its execution, or on the measures taken on their executive documents.

It is also almost impossible to get intelligible information over the phone, as well as to get an appointment - they are busy all the time (apparently, they don’t even care about the claimants).

Meanwhile, behind this hype, information about the duties of bailiffs to inform the recoverer and debtor about the progress of enforcement proceedings was somehow completely lost. Such information is provided for in the Federal Law of October 2, 2007 No. 229-FZ (as amended on July 18, 2011) "On Enforcement Proceedings" in two forms:

forwarding copies of resolutions to the recoverer and debtor issued by the bailiff - executor.

providing an opportunity for the parties of enforcement proceedings to exercise their rights on: familiarization with the materials of enforcement proceedings(including making extracts from them, making copies of them), submission additional materials, filing a petition, participating in enforcement actions, giving oral and written explanations in the process of performing enforcement actions, as well as give their arguments on all issues arising in the course of enforcement proceedings, object to petitions and arguments of other persons participating in enforcement proceedings, declare challenges, appeal against the decisions of the bailiff, his actions (inaction), and also have other rights.

Besides, from initiation of enforcement proceedings to its completion the bailiff - executor must consistently and continuously perform enforcement actions to execute the judicial act and enforcement proceedings must be completed within two months(paragraph 1 of article 36) from the date of initiation of enforcement proceedings by the full and timely execution of all requirements of the executive document.

To correct such an injustice (just some kind of Robin Hood) I am posting information (with reference to the paragraph of the article and the article number of the Federal Law of October 2, 2007 No. 229-FZ (as amended on July 18, 2011) "On Enforcement Proceedings") about what documents and their copies, to whom and within what time limits, bailiffs - executors are obliged:

1. Having accepted the enforcement document for its production, the bailiff - the executor is obliged in accordance with the rules of paragraph 11 of Article 30 of the Federal Law "On Enforcement Proceedings":

   make a decision to initiate enforcement proceedings;

   set a deadline for voluntary compliance the requirements contained in the executive document in the event that the executive document entered the bailiff service for the first time, about which an appropriate indication should be made in the decision to initiate enforcement proceedings;

   notify the debtor that after the expiration of the period for voluntary execution, the executive document is subject to compulsory execution with the collection of an enforcement fee and expenses for the performance of enforcement actions;

   send copies of the decision to initiate enforcement proceedings to the recoverer, debtor and also to court not later than the day following the day of issuance of the said decision(Article 30, paragraph 17).

on the refusal to initiate enforcement proceedings with the attachment of all received documents no later than the day following the day of issuance specified decrees, is sent to the recoverer, as well as to the court, other body or official that issued the writ of execution (paragraph 2 of Article 31).

A copy of the decision of the bailiff-executor on completion of enforcement proceedings, an act with an enforcement document and copies of all materials of enforcement proceedings no later than the day following the day the said decision is issued, are sent to the territorial body of the FSSP or its division to initiate enforcement proceedings at the debtor's new place of residence, place of residence or at the new location of his property about which the recoverer, debtor, as well as the court, other body or official that issued the writ of execution are notified. A copy of the executive document remains in the completed enforcement proceedings (paragraph 8 of Article 33).

About suspending or refusing to suspend execution or enforcement action the bailiff shall issue a decision, a copy of which, no later than the day following the day of its issuance, is sent to the recoverer and the debtor, as well as to the court, other body or official that issued the executive document. The decision on the postponement of enforcement actions or the application of enforcement measures shall indicate the date until which enforcement actions or the application of enforcement measures are postponed (paragraph 4 of Article 38).

ABOUT termination of enforcement proceedings, on the abolition of compulsory enforcement measures are sent to the recoverer, debtor, to the court, other body or official that issued the writ of execution, as well as to the bodies (persons) executing decisions on the establishment of restrictions for the debtor, within three days from the date of issuance of the decision to terminate the enforcement proceedings (paragraph 4 of Article 44).

Copies of the decision of the bailiff-executor on completion of enforcement proceedings no later than the day following the day of its issuance are sent to:

creditor and debtor;

to the court, other body or official who issued the writ of execution;

to a bank or other credit organization, other organization or body that fulfilled the requirements for imposing restrictions on the debtor and (or) his property;

to the organization or body that carried out the search for the debtor, his property, search for the child.
(Article 47, paragraph 6)

Decree on temporary restriction on the debtor's departure from the Russian Federation approved by the senior bailiff. Copies of this resolution are sent to the debtor, to the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, and to the border authorities (paragraph 3 of Article 67).

The restriction on the debtor's departure from the Russian Federation can be applied both at the initiative of the recoverer (on the basis of paragraph 2 of Article 30 of the Federal Law "On Enforcement Proceedings"), and at the initiative of the bailiff - the executor to the border authorities (paragraph 3 of Article 67).

In all cases of temporary restriction of the right to leave the Russian Federation, provided for by Article 15 of the Federal Law "On the procedure for leaving the Russian Federation and entering the Russian Federation" federal agency executive authority authorized to exercise the functions of control and supervision in the field of migration, or its territorial body issues a notification to a citizen of the Russian Federation, which indicates the grounds and duration of the restriction, the date and registration number of the decision on restriction, the full name and legal address of the organization that has assumed responsibility for restricting the right of this citizen to leave the Russian Federation.

The website of the Main Directorate of the Federal Bailiff Service for Moscow contains a document entitled "The procedure for introducing and canceling temporary restrictions on the right of debtors-citizens to leave the Russian Federation in the Office of the Federal Bailiff Service for Moscow", according to which (paragraph 2.2) "the bailiff - the executor introduces a temporary restriction of the right of the debtor-citizen to leave the Russian Federation both at the request of the recoverer and on his own initiative. The duration of the restriction cannot exceed six months".

According to this document, a decision on temporary restriction of the right to travel outside the Russian Federation is issued by a bailiff-executor in 4 copies: the first - for enforcement proceedings, the second - is delivered to the department for organizing the work of bailiffs-executors to be sent to the Border Control Office of the Organizational Department of the Border Guard services of the FSB of Russia, the third and fourth - within 24 hours after registration are sent to the parties of enforcement proceedings. The Federal Migration Service of Russia for Moscow is sent only a copy of the instruction on temporary restriction with a copy of the resolution on temporary restriction.

In addition to the Federal Law, the procedure for applying this measure is regulated by the Methodological Recommendations "On the procedure for issuing and sending by bailiffs orders on temporary restrictions on the debtor's departure from the Russian Federation", approved by Order of the Federal Bailiff Service of Russia dated January 29, 2008 No. 12 / 01-830- HB.

According to paragraph 4 of article 47 at the end of enforcement proceedings all restrictions imposed on the debtor, including exit restrictions, are canceled from the Russian Federation. Consequently, enforcement proceedings cannot be completed without canceling the decision on the temporary restriction on the debtor's departure from the Russian Federation.

Copies of decisions of the bailiff-executor on foreclosure of funds in foreign currency sent to the parties of enforcement proceedings (paragraph 6 of Article 71).

Copies of the decision of the bailiff-executor on the seizure of the property of the debtor, the act on the seizure of the property of the debtor (inventory of property), if they were drawn up, are sent to the parties of enforcement proceedings, as well as to a bank or other credit institution, a professional participant in the securities market, a registering authority, a debtor, an owner of state or municipal property, other interested parties not later than the day following the date of the decision or drawing up an act, and in case of seizure of property - immediately (paragraph 7 of Article 80).

Copies of the decision on the seizure and (or) an act on the seizure of securities sent by the bailiff no later than the day following the day of its issuance (drawing up), the parties to the enforcement proceedings (paragraph 14 of article 82).

Copies of the decision on the seizure and (or) an act on the seizure of accounts receivable sent by the bailiff no later than the day following the day of its issuance (drawing up), the debtor and the parties to the enforcement proceedings (paragraph 3 of Article 83).

Copies of the decision of the bailiff-executor on the valuation of property or property rights are sent to the parties to enforcement proceedings no later than the day following the day of its issuance (paragraph 6 of Article 85).

Copies of resolutions on the sale of seized property no later than the day following the day of their removal are sent to the parties to the enforcement proceedings (paragraph 15 of Article 87).

Executive documents, the proceedings on which have been completed, together with a copy of the resolution on the completion of enforcement proceedings, shall be sent to the bankruptcy trustee or to the liquidation commission (liquidator) within three days from the date of completion of the enforcement proceedings. A copy of the said decision shall be sent to the parties to the enforcement proceedings within the same period (paragraph 5 of Article 96).

ATTENTION!

Copying an article without a direct link is prohibited. Changes to the article are possible only with the permission of the author.

Author: lawyer and tax consultant Alexander Shmelev © 2001 - 2019

Useful links on the topic " What documents are required to issue a bailiff for enforcement proceedings"

Tags: , documents enforcement proceedings, recoverer, debtor, bailiff, executor, enforcement proceedings, decision, what documents the bailiff is required to issue, what documents the bailiff is required to issue

Initiation of enforcement proceedings is carried out by presenting for execution to the bailiff-executor of the application of the recoverer and the executive document that meets the requirements of Art. 13 of the Federal Law "On Enforcement Proceedings".

The application is signed by the claimant or his representative, who attaches to the application a power of attorney or other document certifying his authority. The executive document and the claimant's statement can be presented for execution both in person and sent by mail.

However, there are a number of cases when enforcement proceedings are initiated without a statement from the recoverer:

1) the decision of the bailiff issued in the process of forcible execution of the executive document on the recovery of expenses for the commission of enforcement actions, enforcement fees and fines (part 6 of article 30 of the Federal Law “On Enforcement Proceedings”);

2) in the event of receipt for execution of an order from a bailiff-executor of another structural unit of the territorial body of the Federal Bailiff Service on the performance of certain executive actions and (or) the application of certain enforcement measures, which is formalized by a decision of the bailiff-executor;

3) in cases where a court, other body or official, in accordance with the law, sends a writ of execution to the bailiff (part 1, article 130 of the Code of Civil Procedure of the Russian Federation, part 1 of article 428 of the Code of Civil Procedure of the Russian Federation, part 3 of article 319 of the APC RF);

4) in cases where the executive document is returned to the structural subdivision of the territorial body of the Federal Bailiff Service by the person paying the debtor wages, in accordance with Part 4 of Art. 98 FZ "On Enforcement Proceedings".

The application may contain a petition to seize the debtor's property in order to ensure the execution of the claims for property recovery contained in the executive document, as well as to establish restrictions for the debtor provided for by law.

The executive document and the application are submitted by the recoverer at the place of execution of enforcement actions and the application of enforcement measures. If the recoverer does not know in which division of bailiffs enforcement proceedings should be initiated, then he can send an application and a writ of execution to the territorial body of the Federal Bailiff Service (the chief bailiff of a constituent entity of the Russian Federation) at the place of execution of enforcement actions and the application of enforcement measures, determined in accordance with Art. 33 of the Federal Law "On Enforcement Proceedings". The chief bailiff of the subject of the Russian Federation sends these documents to the appropriate bailiff division within five days from the date of their receipt, and if the executive document is subject to immediate execution, on the day they are received.

Executive documents, which are the basis for initiating enforcement proceedings, are named in Art. 12 of the Federal Law "On Enforcement Proceedings". They must meet certain requirements listed in Art. 13 of the Federal Law "On Enforcement Proceedings". In fact, this article establishes the requirements for all executive documents, with the exception of the decision of the bailiff-executor (Article 14 of the Federal Law "On Enforcement Proceedings"), the court order (Article 127 of the Code of Civil Procedure of the Russian Federation) and the notarized agreement on the payment of alimony (Article 16 of the Family Code of the Russian Federation).

In case of loss of the original of the writ of execution, the basis for execution is its duplicate, issued in the prescribed manner by the court or the official who adopted the relevant act.

The bailiff, the executor, within three days from the date of receipt of the executive document, issues a decision to initiate enforcement proceedings or to refuse to initiate it. If the executive document is subject to immediate execution, then after it is received by the bailiff unit, it is immediately transferred to the bailiff, who must make a decision to initiate enforcement proceedings or to refuse to initiate it within one day from the date of receipt of the executive document in the bailiff unit .

After the decision to initiate enforcement proceedings, at the first receipt of the executive document in the bailiff service, the bailiff must set a deadline for the voluntary execution of the requirements contained in the executive document.

For certain types of executive documents, the period for voluntary execution is not established, even if they are presented for execution for the first time. Such documents include (part 14 of article 30 of the Federal Law “On Enforcement Proceedings”):

decision on the recovery from the debtor of the costs of enforcement actions, enforcement fees and fines imposed in the process of execution of the executive document;

subsequent presentation of the executive document;

executive documents on reinstatement;

Executive documents on administrative suspension of activities;

Executive documents on confiscation of property;

Executive documents on interim measures.

The term for the voluntary execution of an executive document may not exceed five days from the date of initiation of enforcement proceedings, unless otherwise specified in the executive document or provided by the Federal Law "On Enforcement Proceedings". In his decision, the bailiff notifies the debtor that after the expiration of the period for voluntary execution (if such a period has been established), enforcement measures will be applied to him, which are indicated in the executive document. Also, the debtor will be charged a performance fee and expenses for the performance of enforcement actions, which is provided for by Art. 112 and 116 of the Federal Law "On Enforcement Proceedings".

1) during the period during which enforcement actions were not carried out due to their postponement (Article 38 of the Federal Law “On Enforcement Proceedings”);

2) during the period during which the enforcement proceedings were suspended (Articles 39, 40, 41 of the Federal Law “On Enforcement Proceedings”);

3) during a delay or installment plan for the execution of an enforcement document (Article 37 of the Federal Law “On Enforcement Proceedings”);

4) from the date of the announcement of the search for the debtor-organization, as well as the property of the debtor until the day the search is completed;

5) from the date of application of the recoverer, debtor, bailiff to the court, to another body or to the official who issued the executive document, with a statement to clarify the provisions of the executive document, granting a deferment or installment plan for its execution, as well as changing the method and procedure its execution until the date of receipt by the bailiff-executor of a judicial act that has entered into legal force, an act of another body or official, adopted as a result of consideration of such an appeal;

6) from the date of the decision on the appointment of a specialist until the day the bailiff unit receives his report or other document on the results of work;

7) from the date of transfer of property for sale until the day of receipt of proceeds from the sale of this property Money to the account (deposit account of bailiff units), but not more than two months from the date of transfer of the last batch of the said property for sale.

Enforcement proceedings may be completed in connection with:

1) termination of enforcement proceedings (Article 43 of the Federal Law “On Enforcement Proceedings”);

2) return of the enforcement document to the recoverer after the initiation of enforcement proceedings (Article 46);

3) the end of enforcement proceedings (Article 47).

The decision of the bailiff-performer on the completion of enforcement proceedings may be appealed to the appropriate court within 10 days.

Hello Anna.

I'll add to my colleague's answer.

Can I miss the deadline??

As a rule, the term for presenting executive documents to the FSSP is 3 years, but there are exceptions that are listed in the rule of law below.

Federal Law "On Enforcement Proceedings"
Article 21
1.
Writs of execution issued on the basis of judicial actsV, with the exception of the writ of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date of entry into force of the judicial act. Writs of execution containing demands for return on the basis of international treaty of the Russian Federation of a child illegally transferred to the Russian Federation or held in the Russian Federation, are presented for execution within one year from the date of entry into force of the judicial act.
2. Writs of execution issued on the basis of judicial acts of arbitration courts, according to which the missed period for presenting a writ of execution for execution has been restored by the arbitration court, may be presented for execution within three months from the date of the court's ruling on the restoration of the missed period.
3. court orders may be presented for execution within three years from the date of their issuance.
4. Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which the payments were awarded, as well as within three years after the end of this period.
5. Certificates issued by labor dispute commissions may be presented for execution within three months from the date of their issue.
6. Acts of the bodies exercising control functions, drawn up in accordance with the established procedure, on the collection of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, about full or partial non-fulfillment of the requirements of these bodies due to the lack of funds on the accounts of the debtor sufficient to satisfy these requirements, may be presented for execution within six months from the date of their return by the bank or other credit organization.
6.1. Acts of the bodies exercising control functions on the collection of funds without attachment of the documents specified in Part 6 of this Article, drawn up in accordance with the established procedure, may be presented for execution within six months from the date of their issuance.
7. Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within two years from the date of their entry into force.
8. The terms for presenting for execution enforcement documents not specified in this article are established in accordance with federal laws.
9. In the event that a federal law or a judicial act, an act of another body or official sets a deadline for the debtor to fulfill the requirements contained in the executive document, or a deferment or installment plan for the fulfillment of these requirements is granted, the period for presenting such an executive document (excluding the executive document on recovery of a fine imposed as a punishment for committing a crime) begins after the expiration date of the period established for the debtor to fulfill the requirements contained in the executive document, granting him a deferral or installment plan for the fulfillment of these requirements.

Good luck to you!

Sincerely, Murzin A.

If you delve into the essence of enforcement proceedings (IP), it comes to the understanding that this is one of the legitimate methods to ensure the protection of material civil rights and interests. In situations where the debtor cannot, for an objective reason, or does not want to comply with the court decision, bailiffs take over the case.

Foundations

To start the IP mechanism, the occurrence of certain legally significant events is necessary. In the "On Enforcement Proceedings" (hereinafter - the Federal Law), they are prescribed as grounds for initiating a case and include:

1. Appearance due to the decision of the competent authorities of the executive document (ID). There are two ways for the claimant to receive it: by mail or by personal visit to the court. In special circumstances, in which delay in the implementation of the decision may significantly worsen the position of the claimant, the court directly transmits its decision.
2. The demonstrated will of the claimant to proceed with the proceedings. It is done by submitting a written application in person or by registered mail through the postal service.
3. Making a reasoned decision to start an IP by a bailiff who has studied the above documentation.

Timing

The final result and the total amount of costs incurred in the IP is significantly affected by compliance / non-compliance with deadlines.

Having knowledge of when it is legal to perform certain procedural actions, you can control the course of the IP, as well as avoid sanctions and other unpleasant consequences of a missed deadline.

Deadline for initiating enforcement proceedings

In order to increase the applicant's chances of receiving the payments due to him, and at the same time not to put the debtor in enslaving conditions, the legislator limited the time period when it was authorized to open an IP, three years ().

During this period, the creditor is allowed to apply with the same ID to the bailiffs. If he missed this opportunity, then he loses the right to present this act.

When opening an IP after this period, the situation will be regarded as an illegal initiation of a case. If the actions of a civil servant in relation to the participants in the process were considered unlawful, they may be challenged.

Deadline for issuing a decision to initiate enforcement proceedings

The bailiff in his ability to start an IP is strictly limited by the time frame. He was given three working days from the date of receipt of the documentation from the office to make a decision.

In turn, the office cannot delay the choice of a bailiff to transfer documents for more than three working days. A copy of the decision adopted on this occasion is sent to the parties to the process and to the body that issued the ID on the same or the next day.

One of the essential elements of the essence of the decision is the mention of the opportunity given to the debtor to fulfill the requirements without coercion. This takes up to 5 days from the date of delivery of the resolution to the debtor.

Deadline for appealing against a decision to initiate enforcement proceedings

In the course of legal procedures, it is advisable to protect your rights and interests. In a situation where one of the participants in the process believes that his rights are infringed by the actions of an employee of the SSP, he can challenge them.

With due statement of claim he must apply to the court within 10 days from the date of discovery of the violation. Interestingly, not only direct participants in the procedure can complain, but also third parties who reasonably believe that their rights were violated during the proceedings.

Missing the time limit for protest without a valid reason and the inability to restore the time limit prevent the satisfaction of the application.

Statute of limitations for initiating enforcement proceedings

In law enforcement practice, there is the concept of a statute of limitations, i.e., a period of time that has elapsed after the onset of a legally significant fact, with the completion of which its legal consequences cease.

In IP, the applicant loses the right to present a writ of execution for the bailiff to start the recovery process after three years. The submission of the ID interrupts the three-year period.

The above rule is not true in all cases without exception. Special conditions are fixed for documents, the payment of funds, in accordance with which, must take place with a certain frequency.

They can be presented for the entire period for which the cash payments are awarded, and one and a half years after the moment when they were expected to end.

Deadlines for initiating enforcement proceedings on a writ of execution

The most common ID issued by the courts general jurisdiction, is IL. Most often, they are issued by the court on the decisions on the return of bank debt that have entered into force.

The route of the sheet in the SSP is as follows: first it goes to the office, from where it moves to a specific bailiff no later than 3 working days. He, in turn, is obliged to decide within 3 working days whether he will start production or not.

Chronologically, the order of excitation of IP is presented as follows:

1. At the first stage, a potential creditor is given an ID. It is in his interests to quickly hand it over to the bailiffs.
2. Further, guided by the advice on preparing applications for the BSC, the above participant prepares it and, together with the ID, takes it to the office of the BSC unit where the process is supposed to begin.
3. For 3 working days, the above documentation is moved from the office to the officer of the bailiff service.
4. After 3 working days, the FSSP officer issues his decision.
5. After that, within 24 hours, the bailiff notifies all participants of the resolution, sending copies of the resolution to them. With the introduction of electronic document management, this can be done not only through the postal service, but also through e-mail with a mandatory digital signature.
6. It is preferable for a bona fide debtor to use the opportunity prescribed in the decision to fulfill the requirements without coercion within 5 days. This period is to be counted from the documented day of receipt by the debtor of a copy of the decision. As a sanction for evading voluntary execution, a fee of 7% of the amount to be claimed is provided.

Documents for initiating enforcement proceedings

Article 7 of the Federal Law contains a large list of executive documents (ID), based on which you can start a business. Some of them are extremely rare.

Executive inscriptions of notaries, inquiries regarding children illegally displaced in the Russian Federation, are almost never found in practice.

The most commonly used are:

• writ of execution and orders issued by courts;
• an agreement on the payment of alimony, certified by a notary;
• decisions made by officials and bodies investigating cases of administrative offenses;
• documents issued by various government bodies(tax, pension and insurance funds, commissions on labor disputes, etc.);
• rulings issued by the judiciary.

Not every written appeal to bailiffs can serve as a reason for opening an IP. In order for the application not to contribute to the refusal at the beginning of the recovery procedure, it is necessary to comply with the requirements for the application for opening a case:

It must contain	please open IP.
It is recommended to detail	expected procedural actions of the bailiff.
Provide the required information about	financial and financial position debtor.
Provide bank account details	intended for the transfer of the required funds.
The appeal must contain the signature of the applicant or a representative acting on his behalf.	The trustee attaches to the application a document proving the authority of representation.

An example of an application for initiation can be found on the FSSP website.

To start an IP without delay, you need to know exactly where to submit an application with a requirement to institute a recovery. An application prepared in accordance with all the rules must be sent to the SSP, the territorial affiliation of which coincides with the place of residence of the debtor or the property claimed.

Bailiffs perform certain procedural actions, guided by industry regulations. To bring to the attention of all participants in the process about the adoption of the act on the beginning of IP is the next step of the bailiff.

After all, from the date of delivery of a copy of the decision, the countdown of the period for voluntary fulfillment of the requirements begins. Therefore, as long as the bailiffs have not notified the debtor of the initiation of the IP, he is not considered a person obliged to obey the instructions of the bailiff.

Denial of excitation

Despite the provision of all necessary documentation, sometimes the collection process does not begin. The authorized bailiff may refuse to initiate an IP (), arguing in favor of such a decision.

Grounds for refusal to initiate enforcement proceedings

A variety of facts can serve as motives for refusing to organize an enforcement case:

1. There is no statement in the case file (when it is necessary).
2. Errors or lack of information were found in the content of the documents that prevent further work (for example, the application will be returned without information about bank details for the transfer of collected funds).
3. Incorrect choice by the applicant of the SSP unit.
4. Completion of the time period intended for handling the ID to the performers.
5. Misleading executors by presenting a document, the proceedings on which were terminated or completed.
6. The act of the court has not yet entered into force (except for acts requiring immediate execution).

If the bailiff refused to initiate enforcement proceedings, the recoverer or debtor has the right to appeal against his decision. If the reasons for the refusal can be eliminated, then by doing this, the recoverer can once again present the ID to the bailiff.

Re-initiation of enforcement proceedings

There are situations when the debtor is ready to comply with the requirements, does so, but lacks the resources to fulfill them. full repayment. When the requirements have not been fully met, the claimant has the right to re-present the ID.

An application for initiation of enforcement proceedings can be resubmitted within 3 years. According to the repeated presentation of the ID, the three-year period is interrupted, and it starts to flow again.

The Constitutional Court of the Russian Federation, by its Resolution of March 10, 2016, modified the procedure for calculating the time period during which it is permissible to present enforcement documents.

From the entire length of the three-year period, it is necessary to exclude those time periods during which production was carried out. That is, those writ of execution that have been in the service of bailiffs on execution in the aggregate for more than 3 years are prohibited for further presentation.

Application for re-initiation of enforcement proceedings -

Conclusion

Understanding the intricacies of IP legislation helps to significantly reduce the costs associated with it and protect against illegal actions of other participants in the process.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.