Many debtors are interested in what the enforcement fee is, where it comes from and what its size is. Let's look at these questions together.

According to the rule established by paragraph 11 of Article 30 of the Federal Law “On Enforcement Proceedings”, if a writ of execution (for example, a court order or a writ of execution) is first received by the bailiff service, then the bailiff sets the debtor a deadline for the voluntary fulfillment of the requirements contained in the writ of execution. .

This period is indicated by the bailiff in the resolution to initiate enforcement proceedings and is five days (from the date the debtor receives the resolution).

If the debtor does not pay off the debt owed to him within the time period established by the bailiff for voluntary execution, then the servant of Themis is forced to begin the procedure for the forced execution of the requirements of the writ of execution, wasting his time and energy on this.

The enforcement fee, in accordance with the provisions of paragraph 1 of Article 112 of the Federal Law “On Enforcement Proceedings”, is a monetary penalty imposed on the debtor in the event of his failure to fulfill the executive document within the time limit established for the voluntary execution of the executive document, as well as in the event of his failure to comply with the executive document subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff's decision to initiate enforcement proceedings. The performance fee is credited to the federal budget.

On the possibility of a procedure for forced collection of debt (if it is not repaid within the period established for voluntary execution), as well as on the collection of enforcement fees and expenses for performing enforcement actions (costs of searching for the debtor and his property; expenses for transportation, storage and sale of the debtor’s property etc.) the debtor is informed by the bailiff in the text of the resolution to initiate enforcement proceedings.

According to the provisions of paragraph 1 of Article 112 of the Federal Law “On Enforcement Proceedings”, the enforcement fee is set at 7% of the amount to be collected or the value of the recovered property, but not less than 1,000 rubles from a debtor-citizen or a debtor-individual entrepreneur and 10,000 rubles from a debtor -organizations. In case of non-execution of a non-property enforcement document, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is set at 5,000 rubles, from a debtor-organization - 50,000 rubles.

In situations where there are several debtors who are jointly and severally liable to one claimant (for example, as is the case with a debtor and a guarantor answerable to a bank), the enforcement fee is set for each of the debtors in the amount of 7% of the amount to be collected or the value of the property being recovered , but not less than 1,000 thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and 10,000 rubles from a debtor-organization. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

According to the provisions of paragraph 2 of Article 112 of the Federal Law “On Enforcement Proceedings”, the enforcement fee is established by the bailiff after the expiration of the period established for the debtor for the voluntary fulfillment of the requirements of the executive document, if the debtor has not provided the bailiff with evidence that execution was impossible due to force majeure forces, that is, extraordinary and unpreventable circumstances under given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

In the event that an enforcement fee is imposed during the execution of a writ of execution, then the corresponding resolution of the bailiff (on the enforcement fee) is subject to execution without initiating separate enforcement proceedings until the end of the enforcement proceedings during which it was issued. This rule is enshrined in paragraph 15 of Article 30 of the Federal Law “On Enforcement Proceedings”.

In the same case, if the collection of the enforcement fee was not carried out during the main enforcement proceedings (within the framework of which the debt was collected to the collector), then the bailiff, in accordance with the provisions of paragraph 16 of Article 30 of the Federal Law “On Enforcement Proceedings”, initiates (after the end of the main enforcement proceedings) separate enforcement proceedings on issued and unexecuted orders to collect from the debtor the costs of carrying out enforcement actions and the enforcement fee.

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Bailiffs' enforcement fee: amount and collection. What is an execution fee?

Today, a huge problem in our society is debt loads. The courts are inundated with demands from creditors for repayment. Debtors must remember that penalties, fines, and interest are not the only waste in the event of debt collection through the court. There is an enforcement fee of bailiffs. This is what will be discussed further.

The enforcement fee of the bailiffs is another sanction against the debtor for late repayment. Its nature is simple: it is a kind of payment to the state for the work of the bailiffs in collecting the debt if the decision is not fulfilled.

The enforcement fee of bailiffs is considered a punitive measure. At the same time, it gives an additional incentive to fulfill all the requirements of the court on your own, because otherwise you will have to pay more than the court ordered.

The resolution on the collection of the enforcement fee contains all the necessary information: the name of the bailiff department, information about the decision made, details for payment, the appeal procedure. It is issued if the debtor fails to comply with the requirements of the writ of execution within a voluntary period. By law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated.

There must be two conditions under which a decision is made on the decision to collect the enforcement fee:

1. Failure to execute a writ of execution on time.
2. Lack of evidence of impossibility of execution.

Voluntary compliance with requirements

The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within the time limits established by the bailiffs. It should be understood that this applies only to those court decisions that were received by the bailiffs for the first time. What does it mean? The fact is that, according to the law, the writ of execution will be returned to the creditor if the debtor physically does not have property that can be recovered. However, this does not mean that the first one does not have the opportunity to apply again. In this case, an enforcement fee will definitely be assigned.

5 days are allotted for voluntary execution. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:

• Personal departure.
• SMS, phone.
• Postal correspondence with notification.

If the debtor refused to accept a registered letter, this will not help him avoid sanctions. By law, he will be considered officially notified. What is the amount of the performance fee? More on this later.

Enforcement fee of bailiffs: size

The fee is 7% of the amount collected. This is a very impressive percentage. Let's assume that the debtor is awarded half a million. The fee will be 35 thousand rubles. For small amounts the following minimum amounts apply:

• 1000 thousand rubles - for individuals;
• 10 thousand rubles - for legal entities.

Other amounts for non-property claims. They cannot be assessed and, accordingly, it is impossible to collect interest. In this case you will have to pay:

Collection of enforcement fees

The bailiff must notify the debtor that proceedings are being conducted against him. This is often not followed. People complain that money is withdrawn from their bank cards without warning. They didn’t move anywhere, lived at the same address, and didn’t change jobs or bank accounts. However, the bailiffs still did not warn them properly and blocked the accounts. Please be aware that such actions are illegal.

Before collection, bailiffs must ensure that:

• the debtor was given a period to voluntarily comply with the court decision, but it expired;
• there is evidence that the debtor knows about the resolution;
• the debtor did not provide any evidence of the reasons why he was unable to comply with the requirements.

The enforcement fee of bailiffs is appointed by a separate resolution. The debtor must also be notified about it in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if a note is received that postal employees tried to deliver the correspondence in person, but for some reason this was not possible. Our citizens mistakenly believe that if they do not receive the letter in person, the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.

There are justifiable cases where the fee is not charged. Let's look at them further.

Valid cases of exemption from the fee

The enforcement fee is not collected in the following cases:

• force majeure;
• when granting a deferment.

The last point raises no questions for anyone. What does force majeure mean? What falls under this concept?

Force majeure refers to circumstances that precluded the ability to pay. For example, a flood. A person lives in special climatic conditions in which the likelihood of flooding is high. The roads are washed out, people are caught in the elements. In this case, this circumstance will fall under the concept of “force majeure”. Do not forget about the importance of proving circumstances that are valid. There are some cases when the subject is completely exempt from this payment. Let's look at them further.

No performance fee

The following situations are exempt from the fee:

• Upon re-presentation. It follows from this that it is unlawful to present the collection to the same writ of execution several times.
• Acts on interim measures.
• Resolutions related to compensation of bailiffs' expenses.
• Requests related to the search for children.

It is important to understand that all decisions of bailiffs cannot be appealed in the order of subordination. This means that it is useless to contact the senior bailiff about the legal document itself. Of course, higher authorities will consider illegal actions or inactions, but decisions already adopted will not be canceled. Therefore, you will have to appeal the document itself regarding the obligation to pay the enforcement fee only in court.

You can legally reduce the amount. There may be several reasons for this:

• The debtor repaid part of the debt after the court decision, but before the initiation of proceedings based on the writ of execution.
• The debtor repaid part of the debt during the voluntary repayment period.
• By the tribunal's decision.

The court has the right to reduce the amount of the fee. To do this, you will need to prove that there were reasons that prevented you from paying the debt on time. For example, serious illness, injury. It is important to know that the debtor is obliged to pay immediately after treatment. A difficult financial situation is not a significant reason for reducing the amount of the fee.

So, we have examined the concept of enforcement fees and determined the amounts for property and non-property disputes. They explained which cases are exempt from the fee. The performance fee can be legally reduced.

Today, a huge problem in our society is debt loads. The courts are inundated with demands from creditors for repayment. Debtors must remember that penalties, fines, and interest are not the only waste in the event of debt collection through the court. There is an enforcement fee of bailiffs. This is what will be discussed further.

Concept

The enforcement fee of the bailiffs is another sanction against the debtor for late repayment. Its nature is simple: it is a kind of payment to the state for the work of bailiffs if the decision is not carried out.

The enforcement fee of bailiffs is considered a punitive measure. At the same time, it gives an additional incentive to fulfill all the requirements of the court on your own, because otherwise you will have to pay more than the court ordered.

Resolution

The resolution on the collection of the enforcement fee contains all the necessary information: the name of the bailiff department, information about the decision made, details for payment, the appeal procedure. It is issued if the debtor fails to comply with the requirements of the writ of execution within a voluntary period. By law, he must be informed in writing about the decision. In practice, unfortunately, this is often violated.

Conditions

There must be two conditions under which a decision is made on the decision to collect the enforcement fee:

1. Failure to comply on time.
2. Lack of evidence of impossibility of execution.

Voluntary compliance with requirements

The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within the time limits established by the bailiffs. It should be understood that this applies only to those who came to the bailiffs for the first time. What does it mean? The fact is that, according to the law, it will be returned to the creditor if the debtor physically does not have property that can be recovered. However, this does not mean that the first one does not have the opportunity to apply again. In this case, an enforcement fee will definitely be assigned.

5 days are allotted for voluntary execution. During this time, the debtor can comply with the court's requirements and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor must be properly notified of the writ of execution in one of the following ways:

• Personal departure.
• SMS, phone.
• Postal correspondence with notification.

If the debtor refused to accept a registered letter, this will not help him avoid sanctions. By law, he will be considered officially notified. What is the amount of the performance fee? More on this later.

Enforcement fee of bailiffs: size

The fee is 7% of the amount collected. This is a very impressive percentage. Let's assume that the debtor is awarded half a million. The fee will be 35 thousand rubles. For small amounts the following minimum amounts apply:

• 1000 thousand rubles - for individuals;
• 10 thousand rubles - for legal entities.

Other amounts for non-property claims. They cannot be assessed and, accordingly, it is impossible to collect interest. In this case you will have to pay:

• 5 thousand rubles - to individuals.
• 50 thousand rubles - to organizations.

Collection of enforcement fees

The bailiff must notify the debtor that proceedings are being conducted against him. This is often not followed. People complain that money is withdrawn from their bank cards without warning. They didn’t move anywhere, lived at the same address, and didn’t change jobs or bank accounts. However, the bailiffs still did not warn them properly and blocked the accounts. Please be aware that such actions are illegal.

Before collection, bailiffs must ensure that:

• the debtor was given a period to voluntarily comply with the court decision, but it expired;
• there is evidence that the debtor knows about the resolution;
• the debtor did not provide any evidence of the reasons why he was unable to comply with the requirements.

The enforcement fee of bailiffs is appointed by a separate resolution. The debtor must also be notified about it in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if a note is received that postal employees tried to deliver the correspondence in person, but for some reason this was not possible. Our citizens mistakenly believe that if they do not receive the letter in person, the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.

There are justifiable cases where the fee is not charged. Let's look at them further.

Valid cases of exemption from the fee

The enforcement fee is not collected in the following cases:

• force majeure;
• when granting a deferment.

The last point raises no questions for anyone. What does force majeure mean? What falls under this concept?

This refers to circumstances that precluded the possibility of paying. For example, a flood. A person lives in special climatic conditions in which the likelihood of flooding is high. The roads are washed out, people are caught in the elements. In this case, this circumstance will fall under the concept of “force majeure”. Do not forget about the importance of proving circumstances that are valid. There are some cases when the subject is completely exempt from this payment. Let's look at them further.

No performance fee

The following situations are exempt from the fee:

• Upon re-presentation. It follows from this that it is unlawful to present the collection to the same writ of execution several times.
• Acts on interim measures.
• Resolutions related to compensation of bailiffs' expenses.
• Requests related to the search for children.

How to appeal decisions

It is important to understand that all bailiffs cannot be appealed in the order of subordination. This means that it is useless to contact the senior bailiff about the legal document itself. Of course, higher authorities will consider illegal actions or inactions, but decisions already adopted will not be canceled. Therefore, you will have to appeal the document itself regarding the obligation to pay the enforcement fee only in court.

How to reduce your fee

You can legally reduce the amount. There may be several reasons for this:

• The debtor repaid part of the debt after the court decision, but before the initiation of proceedings based on the writ of execution.
• The debtor repaid part of the debt during the voluntary repayment period.
• By the tribunal's decision.

The court has the right to reduce the amount of the fee. To do this, you will need to prove that there were reasons that prevented you from paying the debt on time. For example, serious illness, injury. It is important to know that the debtor is obliged to pay immediately after treatment. A difficult financial situation is not a significant reason for reducing the amount of the fee.

Conclusion

So, we have examined the concept of enforcement fees and determined the amounts for property and non-property disputes. They explained which cases are exempt from the fee. The performance fee can be legally reduced.

An enforcement fee is a monetary penalty that is imposed on the debtor if he does not pay the debt. You should know the specifics of collecting the enforcement fee.

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If you are faced with the issue of debt collection, you should also be aware of such a concept as an enforcement fee, since these are additional monetary costs that may come as a surprise.

In this article we will describe in more detail all the main aspects of this issue, as well as some nuances that will help save a certain amount of money.

What it is

What is an enforcement fee and what should a debtor expect? This concept means a monetary penalty that is imposed on the debtor if he has not complied with a court order to repay the debt.

If, after a court decision is made, a citizen does not transfer the amount of debt to the creditor, then he must pay an enforcement fee for this.

These funds go to the federal budget. This is a kind of punishment for failure to comply with a court order.

Basic Concepts

An enforcement fee is a fine applied by the court to debtors who have not complied with the court decision voluntarily within a certain period. In a situation of failure to comply with the requirements of a writ of execution that is subject to execution.

There are certain deadlines within which the debtor is obliged to pay the debt, and if he does everything on time, then the enforcement fee is not charged to him.

The provided writ of execution will indicate the period for which the debt must be repaid.

There is such a thing as immediate execution of a writ of execution, which must occur within 24 hours after receipt of the paper.

The enforcement fee is equal to 7% of the amount owed or the value of the property that is collected to cover the debt.

But this cannot be an amount less than one thousand rubles per debtor-citizen or private entrepreneur.

If the debtor is an organization, then the amount of the enforcement fee cannot be less than 10 thousand rubles. There is such a thing as failure to comply with a non-property document.

These are papers that indicate that the debtor is obliged to perform certain actions, but they are not related to the reimbursement of funds or property.

In this case, the enforcement fee is 5 thousand rubles for the debtor-citizen and private entrepreneur, and 50 thousand rubles for the debtor organization.

Conditions for refund

In what cases is the execution fee charged and how does this procedure occur:

The voluntary deadline for fulfilling obligations to the borrower is five days from the date of receipt of the debtor’s notification of the commencement of enforcement proceedings.

This period includes only working days. This rule applies provided that the writ of execution was received by the bailiff service for the first time.

The debtor is obliged to provide a document that confirms the fact that he has taken measures to comply with the court decision.

It could be:

The legislative framework

The above information is enshrined in the Federal Law “On Enforcement Proceedings”. This topic is regulated by Chapter 15 and articles that contain the following points of this issue:

Resolution on collection of enforcement fee

Resolution on the collection of enforcement fees, what does this mean? This is an executive document that must meet certain requirements for this type of document.

If the debtor has not complied with the instructions specified in the enforcement document, the deadline for compliance has expired, or he has not provided evidence of the impossibility of fulfilling the requirements, then he will soon receive a notice of the commencement of enforcement proceedings.

Courts conduct diligent checks regarding notices from borrowers. The bailiff must control the process of responsible and accurate reporting.

Approved by

The decision to impose a fine for failure to perform the actions specified in the writ of execution is made by the bailiff. This is stated in Article 112, paragraph two of the Federal Law “On Enforcement Proceedings”.

There is such a thing as a deferment or installment plan for the fulfillment of the requirements specified in a judicial act.

Video: how to challenge fines and enforcement fees

As for this action in the arbitration court, this issue is regulated by the Arbitration Procedural Code of the Russian Federation.

If this case is considered by courts of general jurisdiction, then Article 201 of the Civil Procedure Code of the Russian Federation addresses this issue.

Voluntary compliance with requirements

The easiest way for the debtor to repay the loan amount is to repay it on time. In this case, you will not have to collect money in a short time or pay a “fine” in the form of an enforcement fee.

If the monetary debt is not paid, the bailiff will begin searching for property that can be transferred to pay off it.

If the citizen managed to collect the required amount and transferred it to the borrower, then he must receive from him a paper that confirms the provision of funds. After this, the paper must be shown to the authorized bailiff body.

After revocation of the writ of execution

It is possible to revoke (cancel) a writ of execution and this occurs in the following cases:

• at the request of the claimant;
• if it is not possible to obtain any information about the funds available to the debtor or property;
• due to the lack of property that can be recovered against the debt;
• if the claimant has abandoned the debtor’s property;
• if the borrower interferes with the execution of the writ of execution;
• if the debtor is not a citizen of the Russian Federation or has no citizenship at all and at the same time he is expelled from the Russian Federation.

Drawing up a complaint (sample)

How to appeal the actions of an authorized person? In order for a complaint against a bailiff to be accepted, you must adhere to the rules for filling it out and indicate the following data:

• name of the organization to which the paper is submitted;
• Full name of the applicant or name of the company, as well as contact details (place of residence of the citizen or address of the organization);
• Full name of the authorized employee and his position;
• detailed reason for challenging the actions of the authorized person;
• requirements in relation to the culprit;
• indicate the legislative basis for filing the application, i.e., clarify which specific norms were violated and support this with extracts from government regulations.

How to reduce the amount

The amount of the fee can be reduced by the bailiff who issued the order to collect the enforcement fee and in accordance with the court procedure.

If the debtor has partially fulfilled the court decision before the initiation of enforcement proceedings or during the period for voluntary fulfillment of requests specified in the enforcement document.

In such a situation, the following procedure applies:

Statute of limitations

The statute of limitations for enforcement fees is not defined by law. On the one hand, you can use the general period for these cases - three years, but on the other hand.

The decision of the Constitutional Court dated July 30, 2001 recognized that the enforcement fee has signs of administrative sanctions.

This means that administrative punishment is not carried out in situations where the document has not been enforced within 2 years from the date of entry into force.

Reasonable cases of release

The enforcement fee may not be assigned if the debtor voluntarily complied with the requirements within a certain time frame.

This applies only to those court decisions that came first to the bailiffs.

According to the law, the writ of execution will be returned to the creditor if the debtor physically does not have property that can be recovered.

Also, the enforcement fee is not collected in the following cases:

• force majeure;
• when granting a deferment.

Is it possible to receive a refund after production has ended?

In the practice of forced collection of debts through the court, there is such a measure of influence on the debtor as an enforcement fee. It is imposed on a citizen if, within a certain time, he has not taken measures to repay the existing debt. The amount of the fee is established by law and is 7% of the amount of the collected debt. This is quite a significant number. It is not surprising that the question “How not to pay the enforcement fee to the bailiffs?” is often of interest to citizens faced with the FSSP. Let's try to figure it out.

The procedure for determining the enforcement fee

The legislation on enforcement proceedings describes the procedure for establishing an enforcement fee as follows:

• a citizen is determined in court to pay off his debts within a certain period of time;
• in case of inaction of a citizen, the case is transferred to bailiffs;
• the bailiff issues a decision to collect the debt;
• the resolution is handed to the debtor personally by an employee of the FSSP or sent by mail;
• If a citizen has not paid the debt within 5 days from the date of receipt of the document, he is additionally subject to the obligation to pay an enforcement fee.

An example of a bailiff's order to collect an enforcement fee

If any violation is recorded at at least one of the described stages, the obligation to pay the fee can be challenged. In addition, the law establishes completely legal grounds for refusing penalties.

Legal grounds for refusing a fee

Is it necessary to pay the fee established by the FSSP employee? Not always. The law provides that the imposition of penalties on a debtor is possible only if the bailiff proves that he did not take any actions to comply with the court decision.

If you have paid the debt imposed on you (or at least part of it) within the prescribed period, it is enough to notify the specialist involved in your case. Perhaps the data on debt repayment has not yet reached him. Based on new information, the collection order can be canceled.

• In addition, according to the law, the fee should not be imposed on a citizen who could not fulfill the obligations imposed on him by the court due to force majeure. These include:
• natural disasters;
• hostilities;

mass riots.

What’s interesting is that the debtor’s illness does not fall into the category of force majeure. But if you have documents confirming that your health condition did not allow you to make payment on time, you can file a claim with the court for exemption from the enforcement fee.

Important! If the court establishes an installment plan for the payment of the principal debt, the citizen is completely exempt from prosecution by bailiffs for the entire period of the installment plan. They also have no right to charge him a fine.

Situations exempt from the fee

According to the Federal Law “On Enforcement Proceedings”, a fine cannot be imposed twice on the same writ of execution.

In other words, a citizen should not pay it more than once in a specific debt case.

• In addition, the following situations are exempt from the fee:
• judicial acts on interim measures;
• resolutions requiring compensation for the costs of bailiffs;
• resolutions on the expulsion of stateless persons from the Russian Federation;
• requests to search for children;

executive documents establishing the obligation of forced labor for the debtor.

Important! If in one of the listed cases a decision was made to collect fines, the citizen has the right to challenge it in court. Also, through legal proceedings, he can return the enforcement fee from the bailiffs if he has already paid it, without going into details.

Illegal actions of bailiffs

There is another way to cancel the enforcement fee of bailiffs. As stated above, the obligation to pay a debt arises for a citizen only after he receives a writ of execution. This document can be handed to him personally against signature or sent by mail. If sent by registered mail, the date of receipt of the document is determined by postal notification. If the writ of execution was sent by regular letter, i.e., without notification of delivery, it is considered received 5 business days after sending. It is from this moment that the countdown begins in which the citizen must fulfill the debt obligations imposed on him.

If bailiffs report a debt through a personal visit (but without presenting a document), using a phone call or through friends/neighbors/relatives, then this is not a basis for any action on the part of the citizen. In such a situation, it is considered that he was not notified of the debt that had arisen. Consequently, they have no right to impose enforcement payments on him.

How to challenge a bailiff's decision

The decision to collect an enforcement fee can be appealed by a citizen within 10 working days from the date of its issuance. Only after this does it come into effect.

• if a citizen has grounds for reducing or canceling the enforcement fee, he contacts the FSSP employee in charge of his case with supporting documents;
• if a citizen believes that the fee has been established for him illegally (due to violations of the notification procedure or other circumstances), he must file an application with the court at his place of residence.

Proceedings in such cases usually take several months. But it is precisely this that, nevertheless, gives a chance to get rid of penalties.

FEDERAL BAILIFIC SERVICE

LETTER

Document with changes made:
.
____________________________________________________________________

I. General provisions

(Section as amended, put into effect by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7.

These Methodological Recommendations have been developed in accordance with the provisions of the Civil Code of the Russian Federation, Civil Procedural Code of the Russian Federation, Arbitration Procedural Code of the Russian Federation, Code of the Russian Federation on Administrative Offences, Budget Code of the Russian Federation, Federal Law of 02.10.2007 N 229-FZ "On the Executive production" (hereinafter - the Law), Federal Law dated October 26, 2002 N 127-FZ "On insolvency (bankruptcy)", Federal Law dated May 8, 2010 N 83-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the improvement legal status of state (municipal) institutions", Federal Law dated November 3, 2006 N 174-FZ "On Autonomous Institutions", taking into account the Resolution of the Constitutional Court of the Russian Federation dated July 30, 2001 N 13-P "On the case of verifying the constitutionality of the provisions of subparagraph 7 of paragraph 1 of Article 7, paragraph 1 of Article 81 of the Federal Law "On Enforcement Proceedings" in connection with requests from the Arbitration Court of the Voronezh Region, the Arbitration Court of the Saratov Region and the complaint of the open joint-stock company "Razrez Izykhsky", judicial practice emerging in the constituent entities of the Russian Federation, and decisions of the highest courts of the Russian Federation and are aimed at ensuring uniform law enforcement practice for collecting enforcement fees.

II. Grounds and conditions for making a decision to issue a resolution to collect the enforcement fee

2.1. Grounds for issuing a decision to collect the enforcement fee

The enforcement fee is a punitive sanction, that is, imposing on the debtor the obligation to make a certain additional payment as a measure of his public legal liability arising in connection with an offense committed by him in the process of enforcement proceedings.
________________
Resolution of the Constitutional Court of the Russian Federation dated July 30, 2001 N 13-P “In the case of verifying the constitutionality of the provisions of subparagraph 7 of paragraph 1 of Article 7, paragraph 1 of Article 81 of the Federal Law “On Enforcement Proceedings” in connection with requests from the Arbitration Court of the Voronezh Region, the Arbitration Court of the Saratov Region region and a complaint from the open joint-stock company Razrez Izykhsky.


A resolution to collect the enforcement fee is issued if the debtor fails to comply with the requirements of the enforcement document within the period established by the bailiff for voluntary execution, as well as the debtor’s failure to comply with the requirements of the enforcement document, subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff’s decision on initiation of enforcement proceedings.

In this case, a mandatory condition is to notify the debtor in the prescribed manner about the initiation of enforcement proceedings against him. Documents confirming the fact of notification are attached to the materials of enforcement proceedings.

By virtue of the requirements of the Law, in order to make a decision on issuing a resolution to collect the enforcement fee, the bailiff or the head of the enforcement group establishes the presence of the following circumstances simultaneously:

- expiration of the period established for the debtor for voluntary fulfillment of the requirements of the writ of execution;

- documentary confirmation of the fact that the debtor has received a resolution to initiate enforcement proceedings or has refused to receive it;

- the requirements of the writ of execution have not been fulfilled by the debtor;

- the debtor has not provided evidence that performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions;

- paragraph deleted - .
________________
Footnote excluded - letter of the FSSP of Russia dated May 11, 2016 N 0001/7 ..

2.2. List of cases in which the enforcement fee is not subject to collection

In accordance with Part 5 of Article 112 of the Law, the enforcement fee is not collected if enforcement proceedings are initiated:

- according to an executive document (an order from another bailiff to carry out certain enforcement actions and (or) apply certain enforcement measures in the territory over which his powers do not apply), received in the manner established by Part 6 of Article 33 of the Law;

- upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

- by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

- on judicial acts on interim measures;

- according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons;

- according to executive documents containing requirements for serving compulsory labor;



This list is exhaustive.

2.3. The period established by the bailiff for the debtor for the voluntary fulfillment of the requirements of the writ of execution

2.3.1. Deadline for voluntary compliance:

1. According to the general rules in accordance with Part 12 of Article 30 of the Law, it is five days from the date of receipt of the decision (copy) to initiate enforcement proceedings.

In this case, the establishment of a calendar date in the resolution on the initiation of enforcement proceedings is not allowed.

Thus, the resolution on initiating enforcement proceedings should indicate: “set a period for voluntary fulfillment of the requirements of the executive document - five days from the date of receipt (proper notification) of this resolution.”

2. Subparagraph excluded - letter of the FSSP of Russia dated May 11, 2016 N 0001/7 ..

2.3.2. In accordance with Part 14 of Article 30 of the Law, no time limit is established for the voluntary execution of an executive document in cases of initiation of enforcement proceedings:

after the end of the main enforcement proceedings on the issued and unexecuted decisions of the bailiff on the recovery from the debtor of the costs of carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

- upon subsequent presentation of the writ of execution;

- according to the executive document on confiscation of property;

- according to a writ of execution on serving compulsory labor;

- according to an executive document subject to immediate execution;

- according to an executive document on the forced expulsion from the Russian Federation of a foreign citizen or stateless person;

- at the request of the central authority to search for a child.

2.3.3. In accordance with parts 3, 6 of Article 16 of the Law, a period calculated in days ends on the last day of the established period; the action for which a period has been established can be performed before twenty-four hours of the last day of the established period.

The basis for issuing a decision to collect the enforcement fee (if there are other conditions for its issuance) arises strictly on the day following the day of expiration of the period for voluntary fulfillment of the requirements of the enforcement document established by the bailiff or the enforcement document, with the exception of enforcement documents subject to immediate execution.

For enforcement documents subject to immediate execution, such a basis is the debtor’s failure to comply with the requirements of the enforcement document within 24 hours from the date of receipt of the resolution (copy) to initiate enforcement proceedings.

In addition, it must be taken into account that periods calculated in days do not include weekends. In this regard, if the last day of the period falls on a non-working day, the expiration date of the voluntary execution period is the first working day following it.

2.4. Notifying the debtor about the initiation of enforcement proceedings

2.4.1. Notification of the debtor about the initiation of enforcement proceedings against him is the main evidence of his guilt in failure to comply with the requirements of the executive document, including on a voluntary basis, and the basis for the application of a penalty - the collection of an enforcement fee.

In the resolution to initiate enforcement proceedings, the bailiff warns the debtor that in the event of failure to comply with the requirements of the enforcement document within the period provided for voluntary execution, and failure to provide evidence within the same period that execution was impossible due to extraordinary and unavoidable circumstances, with he will be charged an enforcement fee indicating the amount of the fee.

In addition, in the resolution on the initiation of enforcement proceedings, it is advisable to warn debtors about the need to notify the bailiff about applications to the court with applications to suspend enforcement proceedings, defer or installment execution of a court decision, appeal the judicial act on the basis of which the writ of execution was issued and the execution was initiated proceedings and other circumstances relevant for the purposes of enforcement proceedings.

Sending a resolution to the debtor to initiate enforcement proceedings, as well as notifying him of the initiation of enforcement proceedings and setting a deadline for voluntary execution, is carried out in the manner and according to the rules established by Article 24 of the Law.

The resolution to initiate enforcement proceedings can be sent to the debtor by postal mail with return receipt, telephone message, telegram, using electronic or other types of communication and delivery, or by a person to whom, with his consent, the bailiff instructs to deliver them.

The resolution to initiate enforcement proceedings is sent to the addresses specified in the executive document.

A resolution to initiate enforcement proceedings is sent to a different address (including email) or in another way if there is a corresponding application from the debtor (filed for other previously initiated enforcement proceedings).

The resolution to initiate enforcement proceedings may be delivered to the debtor by the claimant or another person to whom the bailiff, with his consent, has been entrusted with the delivery of the resolution.

If the order to initiate enforcement proceedings is not received by the debtor when sent (delivered) in the specified ways (for example, the debtor did not appear to receive it, the organization is absent, etc.), the debtor is considered to have been properly notified, but the bailiff takes measures to notify the debtor at other addresses (according to the information of the collector, data from the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs, the Federal Migration Service of Russia, etc.) or in other ways (repeated sending by simple mail, SMS notification, automatic dialing, telephone message, telegram, using electronic, other types of communication and delivery).

In particular, according to Part 2 of Article 30 of the Law, the claimant may indicate in the application to initiate enforcement proceedings information known to him about the debtor, as well as attach to the application documents containing information about the debtor. The email address and other contact information may be indicated on the official website of the debtor organization, etc.

2.4.2. The resolution to initiate enforcement proceedings is sent to the debtor by registered mail with a return postal notification of delivery of the postal item. On the envelope and the return postal notice, information about the contents of the envelope is indicated: “resolution on the initiation of enforcement proceedings No. ... dated...”. In addition, it is recommended to send a resolution to initiate enforcement proceedings with a list of documents attached. The presence in the materials of enforcement proceedings of only a postal item is insufficient evidence of proper notification of the debtor.

In order to confirm the fact of proper notification of the debtor by fax, the bailiff must verify whether the subscriber of this fax number is the debtor in enforcement proceedings; find out the position, surname, first name, patronymic, as well as the powers of the person accepting the document, whether the document has been received, whether the text of the document is readable, and also offer to read aloud part of it, for example, the name of the resolution and the first paragraph of the staging part.

Based on the results, it is advisable to draw up an act of transfer of the fax, which is attached to the materials of the enforcement proceedings.

When delivering a resolution to initiate enforcement proceedings to a representative of the debtor by courier, you must make sure that this representative is vested with the appropriate powers (the right to receive correspondence, the right to represent the interests of the debtor in enforcement proceedings). Copies of documents defining the powers of the relevant persons, as well as a receipt for receipt of the resolution, are attached to the materials of the enforcement proceedings.

A decree on initiating enforcement proceedings, signed with an enhanced qualified electronic signature of an official of the FSSP of Russia, or an unsigned copy of the decree, subject to mandatory sending in paper form in the established manner, is sent to the debtor’s e-mail address.

If necessary, if the court requests confirmation of the fact of notifying the debtor of the initiation of enforcement proceedings and setting a deadline for voluntary execution through automatic calling and SMS notification, the bailiff requests a confirming certificate from the organization with which the FSSP of Russia, its territorial body, has entered into an agreement on provision of the relevant service.

2.5. Determining the reasons for non-fulfillment of the requirements of the writ of execution within the period established for voluntary execution

In accordance with Article 112 of the Law and taking into account the position of the Constitutional Court of the Russian Federation, set out in Resolution No. 13-P of July 30, 2001, various factual circumstances that made it impossible to timely fulfill the requirements of the executive document are considered as valid reasons.

Such circumstances include:

force majeure (if voluntary performance was prevented by an extraordinary and unavoidable circumstance);

providing the debtor with a deferment or installment plan for fulfilling the requirements of the writ of execution.

The day of termination of the specified reasons for non-fulfillment is considered as the beginning of the period provided by the bailiff for voluntary execution, after which the collection of the enforcement fee is possible.

In this regard, the resolution on initiating enforcement proceedings states that failure to provide the bailiff with evidence of the impossibility of fulfilling the requirements of the executive document due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions, within the period established for voluntary execution is regarded as the absence of such circumstances and is one from the grounds for collecting the enforcement fee.

If a bailiff seizes the debtor's funds on his own initiative or on the basis of an application from the claimant before the expiration of the period established for the debtor for voluntary execution, the debtor's lack of other funds should be taken into account as the reason for his inability to fulfill the requirements of the writ of execution within the prescribed period. (in whole or in part of the debt).
________________
Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 07/06/2010 N 2021/10, adopted following the consideration of an application to recognize the bailiff's decision to collect the enforcement fee as invalid.

Thus, if the funds seized in the debtor’s account are sufficient to fully repay the debt, a decision to collect an enforcement fee from the debtor is not issued. If there are insufficient funds to fully repay the debt, when conditions arise for collecting the enforcement fee, the enforcement fee is collected from the remaining part of the debt.

Upon receipt from the debtor of an application for an extension of the period for voluntary execution due to the impossibility of fulfilling the requirements of the writ of execution within the established period due to force majeure, the presence of emergency and unavoidable circumstances, as well as the presentation of evidence of taking measures aimed at fulfilling the requirements of the writ of execution, the bailiff - the executor, in accordance with Article 64_1 of the Law, considers such a statement and the evidence presented, evaluates the presented arguments and evidence.

If the debtor's application is satisfied, the bailiff issues a reasoned decision to satisfy the application and oblige the debtor to fulfill the requirements of the writ of execution after eliminating the reasons and circumstances of the impossibility of their fulfillment.

If the debtor refuses to recognize the evidence presented by him as valid, the bailiff issues a reasoned decision indicating the reasons for the refusal to extend the period for voluntary execution or reflects this in the decision to collect the enforcement fee.

III. Resolution on collection of enforcement fee

3.1. Requirements for a resolution to collect an enforcement fee

The resolution of the bailiff or the head of the enforcement group to collect the enforcement fee is an enforcement document and must comply with the requirements for enforcement documents established by Article 14 of the Law, approved by the senior bailiff and certified by the seal of the structural unit of the territorial body of the FSSP of Russia.

The reasoning part of the resolution indicates the date the debtor received the resolution to initiate enforcement proceedings or refused to receive it, the fact of expiration of the period for voluntary execution, the debtor’s failure to comply with the requirements of the executive document, other relevant circumstances, as well as the debtor’s failure to provide evidence of the existence of extraordinary and unavoidable circumstances under the given conditions, or refusal to recognize the evidence presented as such.

A resolution to collect an enforcement fee may be challenged in court within 10 days from the date the debtor receives this resolution, which must also be indicated in the resolution itself.

At the same time, the possibility of challenging such a decision does not exclude the collection of the enforcement fee within the specified ten-day period if the bailiff does not have information about the court’s acceptance of the application or claim for consideration on the grounds specified in Part 6 of Article 112 of the Law. In this case, the enforcement fee may be collected before the expiration of the ten-day period given to the debtor to challenge the decision to collect the enforcement fee.

If the court accepts an application to challenge the bailiff's decision to collect the enforcement fee, a claim for deferment or installment payment, to reduce its amount or exemption from collection of the enforcement fee, in accordance with paragraph 6 of part 1 of article 40, part 8 of the article 112 of the Law, the collection of the enforcement fee is subject to suspension by the bailiff until the court issues the relevant judicial act.

3.2. The procedure for executing the decision to collect the enforcement fee and the timing of its presentation for forced execution

The resolution to collect the enforcement fee is sent (delivered) to the debtor or his representative in a manner similar to the procedure for sending (delivering) the resolution to initiate enforcement proceedings.

After the bailiff issues a resolution to collect the enforcement fee, it acquires the status of an independent enforcement document and is subject to forced execution.

As part of the main enforcement proceedings, such a resolution is executed in the general manner provided for by the Law.

If the enforcement fee is not collected within the framework of the main enforcement proceedings, after its completion, the bailiff or the head of the enforcement group initiates enforcement proceedings on the unfulfilled, in whole or in part, order to collect the enforcement fee from the debtor in the following cases:

1) Upon completion of the main enforcement proceedings on the grounds:

actual fulfillment of the requirements contained in the executive document (clauses 1, 2 of part 1 of Article 47 and clause 1 of part 15 of Article 103 of the Law);

return to the claimant of the writ of execution in accordance with paragraph 3 of part 1 of Article 47 of the Law in conjunction with the grounds provided for in clauses 1, , , 6 of part 1 of Article 46 of the Law (when returning the writ of execution to the claimant at his request, as well as if it is impossible to fulfill the obligation obliging the debtor to perform certain actions (refrain from performing certain actions) a writ of execution, the possibility of execution of which is not lost if the claimant refused to retain the property of the debtor that was not forcibly sold during the execution of the writ of execution, if the claimant by his actions prevents the execution of the writ of execution);

sending a copy of the writ of execution to the organization for withholding periodic payments established by the writ of execution (clause 8 of part 1 of Article 47 of the Law);

expiration of the statute of limitations for the execution of a judicial act, an act of another body or official in a case of an administrative offense (clause 9 of part 1 of Article 47 of the Law).

2) Upon termination of the main enforcement proceedings on the grounds:

death of the claimant-citizen, declaring him dead or recognition as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by the trustee appointed by the guardianship and trusteeship body (clause 1 of part 1 And );

loss of the possibility of executing a writ of execution obliging the debtor to perform certain actions (refrain from performing certain actions), if the possibility of execution is lost after the expiration of the period for voluntary execution (clause 2 of part 1 and clause 1 of part 2 of Article 43 of the Law);

the claimant's refusal to receive an item seized from the debtor during the execution of a writ of execution containing a requirement to transfer it to the claimant (clause 3 of part 1 and clause 1 of part 2 of Article 43 of the Law);

adoption by the court of an act on termination of execution of the writ of execution issued by it in other cases when federal law provides for the termination of enforcement proceedings (clause 4 of part 1 and clause 1 of part 2 of Article 43 of the Law);

approval by the court of a settlement agreement, a reconciliation agreement between the claimant and the debtor (clause 3 of part 2 of Article 43 of the Law);
by letter of the FSSP of Russia dated May 11, 2016 N 0001/7.

termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, an act of another body or official in a case of an administrative offense by the court, another body or official who issued the executive document (clause 6 of part 2 of Article 43 of the Law);

replacing punishment in the form of a fine for a crime committed with another type of punishment (clause 2 of part 14 of article 103 of the Law).

The resolution to initiate such enforcement proceedings is sent together with the resolution to terminate the main enforcement proceedings to the debtor.

In accordance with Part 3 of Article 44 and Part 5 of Article 47 of the Law, the restrictions established for the debtor in the framework of the main enforcement proceedings are maintained by the bailiff in the amounts necessary for the execution of the newly initiated enforcement proceedings.

By analogy with the specified norms of the law, the restrictions established for the debtor within the framework of the main enforcement proceedings can be maintained by the bailiff at the end of the main enforcement proceedings on the basis of paragraph 1 of part 15 of Article 103 of the Law (in connection with payment of the fine in full) and on on the basis of paragraph 2 of part 14 of Article 103 of the Law (in connection with the replacement of a fine in the form of another type of punishment).

In accordance with Part 1_1 of Article 80 of the Law, the imposition of new arrests on the debtor’s property under a resolution to collect an enforcement fee is not allowed if the amount of collection under enforcement proceedings does not exceed 3 thousand rubles.

Enforcement proceedings shall not be initiated on the basis of a resolution to collect an enforcement fee:

1) in accordance with Part 7 of Article 47 of the Law in the event of completion of the main enforcement proceedings:

- in connection with the return of the writ of execution to the claimant in conjunction with the grounds established by paragraphs 3, 4 of part 1 of Article 46 of the Law (if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds belonging to him and other valuables located in the accounts, in deposits or in storage in banks or other credit organizations, with the exception of cases where the Law provides for a search for the debtor or his property, and if the debtor does not have property that can be seized, and all measures taken by the bailiff permissible by law to the search for his property was unsuccessful);

- under paragraph 4 of part 1 of Article 47 of the Law in connection with the return of the writ of execution at the request of the court, other body or official who issued the writ of execution;

- under paragraph 6 of part 1 of Article 47 of the Law in connection with the liquidation of the debtor-organization and sending the executive document to the liquidation commission (liquidator), with the exception of the executive documents specified in part 4 of Article 96 of the Law (on recognition of property rights, compensation for moral damage, reclaiming property from someone else’s illegal possession, applying the consequences of invalid transactions, as well as collecting debt on current payments);

- under paragraph 7 of part 1 of Article 47 of the Law in connection with the recognition of the debtor organization as bankrupt and the sending of an executive document to the bankruptcy trustee, with the exception of the executive documents specified in Part 4 of Article 96 of the Law (on recognition of property rights, compensation for moral damage, on recovery of property from illegal possession of others, on the application of the consequences of invalid transactions, as well as on the collection of debt on current payments).

2) in accordance with Part 2 of Article 44 of the Law in the event of termination of the main enforcement proceedings:

- under paragraph 4 of part 2 of Article 43 of the Law in connection with the cancellation of the judicial act on the basis of which the executive document was issued;

- under paragraph 5 of part 2 of Article 43 of the Law in connection with the cancellation or invalidation of the executive document on the basis of which enforcement proceedings were initiated.

The simultaneous initiation of enforcement proceedings on the basis of a resolution to collect an enforcement fee seems inappropriate in the following cases:

1) completion of enforcement proceedings under paragraph 3 of part 1 of Article 47 of the Law in connection with the return of the executive document to the claimant in conjunction with the grounds established by paragraph 7 of part 1 of Article 46 of the Law (if the debtor who has not paid the administrative fine is a citizen of a foreign state or a person without citizenship and, on the basis of a judicial act, expelled from the Russian Federation);

2) termination of enforcement proceedings under paragraph 7 of part 2 of Article 43 of the Law (making an entry on the exclusion of a legal entity (collector-organization or debtor-organization) from the unified state register of legal entities).

By analogy with the norm of Part 7 of Article 47 of the Law, enforcement proceedings on the basis of a resolution to collect an enforcement fee may not be initiated at the end of enforcement proceedings under paragraph 2 of Part 15 of Article 103 of the Law in the event of the return of the enforcement document at the request of the court that issued the enforcement document.

Since the enforcement fee is a punitive sanction, the obligation to pay it cannot be assigned to another individual by way of succession. In this regard, in the event of termination of the main enforcement proceedings due to the death of the debtor - an individual (based on paragraph 1 of part 1 and paragraph 6 of part 2 of Article 43, paragraph 1 of part 14 of Article 103 of the Law), enforcement proceedings are not initiated on the basis of a resolution to collect the enforcement fee .

Resumption (cancellation of the resolution on the completion of enforcement proceedings for the collection of an enforcement fee) or initiation of enforcement proceedings on an unfulfilled decision in full or in part to collect an enforcement fee from the debtor (if separate enforcement proceedings for the collection of an enforcement fee have not previously been initiated) is carried out in the following cases:

repeated presentation by the claimant to the structural unit of the territorial body of the FSSP of Russia of the main enforcement document, according to which enforcement proceedings were previously conducted;

resumption of the main enforcement proceedings at the request of the claimant or at the initiative of the bailiff upon cancellation of the judicial act that became the basis for the termination of the enforcement proceedings, or a change in the circumstances that served as the basis for the termination of the enforcement proceedings (Part 3 of Article 43 of the Law);

receipt of information about changes in the debtor's property status.

At the same time, the period for submitting a resolution to collect the enforcement fee for compulsory execution - 2 years - should not expire at the time of re-initiation of enforcement proceedings.

The enforcement fee has characteristics of an administrative penalty, and therefore, in order to ensure legal certainty of the enforcement fee in the relationship between the debtor and the collector, the statute of limitations for collecting the enforcement fee and the period for submitting for execution the resolution on its collection must be calculated based on the provisions of Part 7 of Article 21 of the Law and parts 1, 3 of Article 31.9 of the Code of the Russian Federation on Administrative Offences.
________________
Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 14, 2009, on the application of Kama Press and Frame Plant OJSC to recognize as illegal the order of the bailiff to initiate enforcement proceedings on the basis of a resolution to collect an enforcement fee.

In this case, the FSSP of Russia acts as the main administrator of federal budget revenues for the collection of enforcement fees.


The enforcement fee is subject to collection after full repayment of the debt under the enforcement document or for all enforcement documents combined into consolidated enforcement proceedings.

The period for presenting a resolution to collect an enforcement fee that has not been executed within the framework of the main enforcement proceedings is calculated from the moment the main enforcement proceedings are completed, if such a resolution has not previously been presented for forced execution as an independent enforcement document.
________________
Resolution of the Federal Antimonopoly Service of the Moscow District dated November 26, 2009 N KA-A40-8196-09 in the case of the application of MIR Company LLC to recognize as illegal the actions of the bailiff, expressed in issuing a resolution to collect the enforcement fee, as well as similar court decisions in other federal districts of the Russian Federation.


Thus, the period during which enforcement proceedings can be initiated for the purpose of executing the order of the bailiff to collect the enforcement fee should not exceed two years from the day the main enforcement proceedings for monetary recovery were completed or from the date of the decision to collect the enforcement fee. fee for non-fulfillment of non-monetary claims of a property nature and claims of a non-property nature.

At the same time, the termination of enforcement proceedings for the collection of an enforcement fee on the basis of clause 9 of part 1 of Article 47 of the Law due to the expiration of the statute of limitations for its execution is unacceptable, since this norm contains a direct reference to the act in the case of an administrative offense.

Enforcement proceedings initiated on the basis of decisions on the collection of enforcement fees and included in the consolidated enforcement proceedings, which also include enforcement proceedings for which the court has granted an installment plan for the execution of the requirements of enforcement documents, are subject to execution in the manner prescribed by law.
(Paragraph additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)

If the debtor is released from paying the enforcement fee within the framework of enforcement proceedings initiated on the basis of a resolution to collect the enforcement fee, the senior bailiff, on the basis of a judicial act on the release of the debtor from paying the enforcement fee, issues a resolution to cancel the resolution to collect the enforcement fee, and enforcement proceedings are subject to termination in accordance with paragraph 5 of part 2 of article 43 of the Law.
(Paragraph additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)

IV. Performance fee

4.1. Execution fee amount

In accordance with Article 112 of the Law, the amount of the enforcement fee is established:

in the amount of seven percent (hereinafter referred to as 7%) of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization;

in the amount of five thousand rubles from a debtor-citizen or a debtor-individual entrepreneur, fifty thousand rubles from a debtor-organization in case of failure to comply with a non-property executive document;

when calculating a debt in foreign currency, the bailiff or the head of the enforcement group sets the amount of the enforcement fee in rubles in the amount calculated on the basis of the official foreign currency exchange rate established by the Bank of Russia on the day of the decision to collect the enforcement fee.
________________
Resolution of the Supreme Arbitration Court of the Russian Federation dated May 25, 2010 N 2375/10 in case N A40-59549/08-145-546 on declaring illegal decisions on the collection of enforcement fees when collecting a debt in foreign currency.

4.2. Features of the calculation and calculation of the performance fee

4.2.1. If the debtor fulfills the requirements of the enforcement documents partially before the initiation of enforcement proceedings or partially within the period established for voluntary execution, the amount of the enforcement fee is calculated from the amount subject to actual collection on the day following the end of the period for voluntary execution, that is, from the remaining part of the unpaid amount debt.

If, after the bailiff has issued a resolution to collect the enforcement fee, the debtor or other persons provide evidence of voluntary repayment of part of the debt within the period established by the bailiff, this resolution is subject to change in terms of reducing the amount of the enforcement fee to be collected. The resolution to amend the resolution on the collection of the enforcement fee is approved by the senior bailiff.

The documents submitted by the debtor confirming the partial fulfillment of the requirements of the executive document are attached to the materials of the enforcement proceedings.

4.2.2. When calculating the enforcement fee for enforcement documents on the transfer from the debtor to the claimant of the property awarded to him, the bailiff must use the following information in practice.

Based on the meaning of Article 2 of the Civil Code of the Russian Federation, property relations are those relations that can have a monetary value; the object of such relations is property that acts as a commodity in commodity-money circulation.
________________
Ruling of the Supreme Arbitration Court of the Russian Federation dated March 17, 2009 N 2914/09 in case N A60-11109/2008-C5 on invalidating the order of the bailiff to collect the enforcement fee.


In accordance with Article 171 of the Arbitration Procedural Code of the Russian Federation, when awarding property, the arbitration court indicates the name of the property to be transferred to the plaintiff, its value and location. provides that when awarding property in kind, the court in the decision indicates the value of this property, which must be recovered from the defendant in the event that when the court decision is executed, the awarded property is not available.

At the same time, in accordance with Part 1 of Article 174 of the Arbitration Procedural Code of the Russian Federation, when making a decision obliging the defendant to perform certain actions not related to the collection of funds or the transfer of property, the arbitration court in the operative part of the decision indicates the person obliged to perform the actions themselves actions or a prohibition on performing actions, as well as the place and period of action. The relevant provisions are enshrined in Article 206 of the Civil Procedure Code of the Russian Federation.

Thus, claims related to the transfer of property cannot be non-property, and court decisions must indicate the value of the awarded property.

In this regard, the bailiff or the head of the enforcement group calculates the amount of the enforcement fee based on the value of the property to be transferred.

The bailiff does not have the right to independently involve a specialist appraiser in the enforcement proceedings to determine the value of the transferred property, since by virtue of the Law, the assessment of property when executing enforcement documents on the debtor’s obligation to transfer the awarded property to the claimant is not provided.

The law establishes the provision that, within the framework of enforcement proceedings, the assessment of the debtor’s property is carried out in relation to the property that is foreclosed on by the bailiff.

If the writ of execution does not contain the value of the property to be transferred, the bailiff applies to the court with an application to clarify the provisions of the writ of execution regarding the determination of the value of the property.

If the court refuses this clarification due to objective circumstances or clarifies that the transferred property is not subject to assessment, the amount of the enforcement fee is established in the amount provided by the Law in the event of non-fulfillment of non-property requirements.

4.2.3. When fulfilling the requirements of a writ of execution, which combines actions of both a property and non-property nature, the final amount of the enforcement fee will consist of the amount for non-fulfillment of the property part of the writ of execution and the non-property part of the writ of execution.

In this case, the resolution to collect the enforcement fee must indicate all the demands presented to the debtor, including the amount of the enforcement fee for each of them, as well as the total amount.

4.2.4. In accordance with the Law, the enforcement fee for enforcement proceedings for the collection of periodic and alimony payments is calculated and collected from the amount of each debt separately.

Considering that the collection of the enforcement fee is possible only after full repayment of the presented claims after a specific period, the bailiff or the head of the enforcement group issues a resolution to collect the enforcement fee for each overdue periodic payment.

If there are grounds for collecting the enforcement fee for alimony payments and there is a debt when recalculating the debt due to non-payment (partial payment) for the past period, the amount of the enforcement fee, in order to avoid double collection, should be calculated in the amount of the difference between the amount of the enforcement fee at the time of its calculation and calculated earlier.

4.3. The order of collection of the enforcement fee

In accordance with Article 110 of the Law, the enforcement fee from the amount of money (including those received from the sale of property) collected by the bailiff from the debtor is paid in third place (after satisfying the claims of the claimant in full, including the expenses incurred by him for carrying out enforcement actions, and reimbursement of expenses for carrying out enforcement actions, including in favor of the budget).

The enforcement fee for enforcement proceedings of a non-property nature is paid in the second place (after reimbursement of expenses for carrying out enforcement actions).

4.4. Postponement, installment plan, reduction in the amount of the enforcement fee or exemption of the debtor from paying it

Part 7 of Article 112 of the Law establishes the rule that the court, taking into account the degree of guilt of the debtor in failure to fulfill the enforcement document on time, the property status of the debtor, and other significant circumstances, has the right to decide to defer, installment collection of the enforcement fee, as well as reduce the amount of the enforcement fee, but no more than one quarter of the amount established by Law. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

When the court accepts for consideration the debtor's claim for a deferment or installment plan for collecting the enforcement fee, reducing its size, or releasing the debtor from collecting the enforcement fee, enforcement proceedings regarding the collection of the enforcement fee are subject to suspension, about which the bailiff or the head of the enforcement group issues a reasoned resolution .

The court decision on full or partial satisfaction of the debtor's application or claim is subject to immediate execution.

If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly, and the amount of the enforcement fee that was excessively collected from him is returned to the debtor.

In these cases, as well as in the case of the debtor being released from collecting the enforcement fee, the bailiff is not required to issue any additional resolution to the resolution on collecting the enforcement fee. A copy of the judicial act is attached to the materials of the enforcement proceedings.

A court's reduction in the amount of the enforcement fee does not entail recognition of the bailiff's decision to collect the enforcement fee as illegal. This resolution is considered amended accordingly (Part 9 of Article 112 of the Law).
(Paragraph additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)

Other persons may be exempt from paying the enforcement fee based on the provisions of paragraph 1 of Article 401 of the Civil Code of the Russian Federation if they have taken all measures to properly fulfill the requirements contained in the enforcement document. If such measures were not taken, then the lack of the debtor, a state (municipal) authority or a budgetary (municipal) institution, the necessary funds to fulfill the requirements of the executive document does not in itself constitute grounds for exemption from paying the enforcement fee.
(Paragraph additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)

The debtor cannot be exempted from paying the enforcement fee, even if the requirements of the enforcement document were fully fulfilled by him immediately after the expiration of the period for voluntary execution, however, such actions of the debtor, taking into account the objective reasons for the delay in execution, may be taken into account by the court when resolving the debtor's demands to reduce the size of the enforcement collection, but not more than one quarter.
(Paragraph additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)
_______________
Clause 75 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 N 50 “On the application of legislation when considering certain issues arising in the course of enforcement proceedings.”
letter of the FSSP of Russia dated May 11, 2016 N 0001/7)

4.5. Return of the enforcement fee to the debtor

In accordance with the provisions of Article 112 of the Law, the enforcement fee is returned in full or in part to the debtor in the following cases:

cancellation of a judicial act, act of another body or official, on the basis of which the executive document was issued;

cancellation of the executive document;

cancellation of the bailiff's decision to collect the enforcement fee;

reduction by the court of the amount of the enforcement fee subject to collection;

exemption of the debtor by the court from paying the enforcement fee.

The return of the enforcement fee to the debtor is carried out in accordance with the Rules for the return of the enforcement fee to the debtor, approved by Decree of the Government of the Russian Federation dated July 21, 2008 N 550, and in accordance with the letter of the FSSP of Russia dated October 6, 2008 N 12/01-13177-NV “On clarification of the Government Decree Russian Federation dated July 21, 2008 N 550 “On approval of the rules for the return of enforcement fees to the debtor.”

V. Features of the execution of decisions on the collection of enforcement fees

5.1 Collection of enforcement fees in the event of granting the debtor a deferment or installment plan for the execution of the requirements of the enforcement document

According to Part 2 of Article 37 of the Law, enforcement actions are not carried out and enforcement measures are not applied during the period of deferment of execution established by the court, other body or official that granted the deferment.

In accordance with Part 3 of Article 37 of the Law, if the debtor is granted an installment plan for the execution of a judicial act, an act of another body or an official, the executive document is executed in the part and within the time limits established in the act on granting the installment plan.

Paragraph excluded - letter of the FSSP of Russia dated May 11, 2016 N 0001/7 ..

Paragraph excluded - letter of the FSSP of Russia dated May 11, 2016 N 0001/7 ..
________________
Footnote excluded - letter of the FSSP of Russia dated May 11, 2016 N 0001/7 ..

5.1.1. If the enforcement document is presented for forced execution after the expiration of the deferment period and the requirements of the enforcement document are not fulfilled, the bailiff or the head of the enforcement group issues a resolution to collect the enforcement fee. For the voluntary fulfillment of the requirements of the enforcement document, the debtor is given a five-day period from the date of initiation of enforcement proceedings.
by letter of the FSSP of Russia dated May 11, 2016 N 0001/7.

5.1.2. If a writ of execution is submitted for execution simultaneously with a court ruling to grant the debtor an installment plan to pay the debt under the writ of execution, the bailiff or the head of the enforcement group, when issuing and executing a decision to collect an enforcement fee from the debtor, is guided by the provisions of Part 4 of Article 112 of the Law on Collection enforcement fee for non-payment of periodic payments.

At the same time, in the resolution to initiate enforcement proceedings, the bailiff sets a deadline for the debtor to voluntarily fulfill the requirements of the enforcement document for each date and amount of the installment payment. For example, “set the debtor 5 days for voluntary fulfillment of the requirements of the writ of execution for each amount of payment, deferred by the determination of (name) of the court (date of the judicial act, number of the case) from the date or period determined by the court. Warn the debtor that in case of failure to comply with the requirements of the writ of execution in part and within the terms specified in the court ruling on the granting of installments, as well as within the established period for voluntary execution, the enforcement fee is subject to recovery for each amount of overdue payment upon expiration of the period established by the bailiff and failure to provide the bailiff with evidence of the impossibility of execution due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions."

Upon expiration of the specified period and in the absence of evidence of the impossibility of making the next payment due to extraordinary and objectively unavoidable circumstances and other unforeseen insurmountable obstacles beyond the control of the debtor, the bailiff or the head of the enforcement group issues a resolution to collect the enforcement fee from the amount of the next unpaid payment.

Enforcement actions and compulsory measures to collect the enforcement fee from the debtor are applied to the debtor after the expiration of the period established for voluntary execution.

5.1.3. Providing a deferment or installment plan for the execution of the requirements of the writ of execution to the debtor after the expiration of the period established by the bailiff for the voluntary fulfillment of the requirements of the writ of execution is not grounds for canceling the decision to collect the enforcement fee, issued in accordance with Article 112 of the Law.

In case of partial execution by the debtor of a writ of execution for property penalties, as well as in case of installment execution of the writ of execution, the enforcement fee must be calculated based on the amount of unfulfilled (overdue) claims on the day following the day of expiration of the period for voluntary execution of the writ of execution.

If the debtor fails to fulfill several property and/or non-property claims, including those contained in one enforcement document, by virtue of Part 3 of Article 112 of the Law, the enforcement fee is established in relation to each of the unfulfilled claims.
________________
P.76, .


This resolution is subject to execution in the manner provided for in clause 3.2 of these Methodological Recommendations.
(Clause as amended, put into effect by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7.

5.2. Collection of enforcement fees in case of postponement of enforcement actions and application of enforcement measures

The law does not classify the voluntary fulfillment by the debtor of the requirements of the writ of execution as enforcement actions and enforcement measures applied by the bailiff.

In this regard, the postponement of enforcement actions and the application of compulsory execution measures, as well as the suspension of enforcement proceedings, does not affect the period of voluntary fulfillment of the requirements of the executive document and the obligation of the debtor to fulfill these requirements within the prescribed period.
________________
Resolution of the Seventeenth Arbitration Court of Appeal dated July 19, 2010 No. 17AP-6483/2010-AK in case No. A71-5931/2010 and others.


Exceptions are cases of postponement of enforcement actions, application of compulsory enforcement measures, suspension of enforcement proceedings due to the presence of force majeure circumstances preventing voluntary execution.

5.3. Collection of enforcement fees in the event of bankruptcy of the debtor

5.3. If grounds arise for collecting an enforcement fee after the arbitration court accepts an application to declare the debtor bankrupt, the enforcement fee does not acquire the nature of a current payment and is subject to execution in the manner established by Part 4 of Article 96 of the Law.

If the grounds for collecting the enforcement fee arose before the arbitration court accepted the application for declaring the debtor bankrupt, the resolution to collect it is sent to the tax authority for subsequent application to the court with an application to include the enforcement fee in the register of creditors' claims in the manner provided for in paragraph 3 of Article 137 Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy”).
(Clause 5.3. as amended, put into effect by letter of the FSSP of Russia dated May 11, 2016 N 0001/7.

5.4. The procedure for collecting the enforcement fee when concluding a settlement agreement

A settlement agreement is understood as an agreement between the parties on mutual concessions on rights and obligations in a disputed or established legal relationship. A settlement agreement can be concluded both in a court hearing and in the process of enforcement proceedings. In any case, it is subject to approval by the court.

Taking into account the fact that the enforcement fee is a penalty collected from the debtor for failure to comply with the requirements of the writ of execution, the conclusion of a settlement agreement by the claimant and the debtor does not relieve the debtor from liability for failure to fulfill the legal requirement of the bailiff for the voluntary execution of the writ of execution. Consequently, the order to collect the enforcement fee, issued before the court approved the settlement agreement between the debtor and the claimant or after its approval, provided that the debtor did not fulfill the requirements of the enforcement document within the period established by the bailiff, which expired before the approval of the settlement agreement, is subject to execution.

5.5. The procedure for collecting the enforcement fee in the event of the recovery of the enforcement document by the collector

According to Part 14 of Article 30 of the Law, the bailiff does not set a time limit for the voluntary execution of the writ of execution in the event of initiation of enforcement proceedings upon subsequent presentation of the writ of execution, while the claimant does not lose his right to re-present the writ of execution for execution.

In accordance with paragraph 2 of part 5 of Article 112 of the Law, the enforcement fee is not collected in the event of repeated presentation of the enforcement document for execution, according to which a decision of the bailiff to collect the enforcement fee was issued and not cancelled.

Thus, the revocation of the writ of execution by the recoverer does not relieve the debtor from liability for failure to fulfill the legal requirement of the bailiff for the voluntary execution of the writ of execution.

If the claimant revokes the writ of execution before the expiration of the period for voluntary execution, upon re-submission of the writ of execution, the period for voluntary execution is established by analogy with the deadline for the execution of writs of execution subject to immediate execution.

5.6. The procedure for collecting enforcement fees under consolidated enforcement proceedings, including in relation to joint and several debtors

In accordance with Article 34 of the Law, several enforcement proceedings of a property nature, initiated against one debtor, as well as against several debtors for joint recovery in favor of one claimant, are combined into consolidated enforcement proceedings.

As part of consolidated enforcement proceedings initiated against one debtor, the enforcement fee is collected after full satisfaction of the requirements of all enforcement documents combined into consolidated enforcement proceedings in accordance with the priority established by Article 110 of the Law.

In the framework of consolidated enforcement proceedings initiated against several joint and several debtors, a resolution to collect an enforcement fee is issued in relation to each joint and several debtor in the amount of 7% of the amount to be collected under the executive document or the value of the recovered property (without dividing the amount of debt into parts, shares, etc. .p.), but not less than one thousand rubles from a debtor-citizen or a debtor - an individual entrepreneur and ten thousand rubles from a debtor-organization (if there are grounds).

In the event of partial fulfillment of the requirements by any of the debtors before the initiation of enforcement proceedings or within the period established for voluntary execution, the calculation of the amount of the enforcement fee to be recovered from this debtor is carried out in the manner specified in paragraph 4.2.1 of Section 4 of these methodological recommendations.

In accordance with Article 111 of the Law, which regulates the priority of satisfying the claims of collectors if the amount collected from the debtor is insufficient to satisfy all claims in full, the requirement to collect the enforcement fee is satisfied in the fourth place.

If the court establishes a joint obligation of the debtors, the creditor, in accordance with Article 323 of the Civil Code of the Russian Federation, 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.

Joint and several debtors remain obligated until the obligation is fully fulfilled.

5.7. The procedure for collecting the enforcement fee for enforcement proceedings on foreclosure of pledged property

The requirement of a writ of execution to foreclose on the pledged property is associated with the failure of the debtor to fulfill the obligation secured by the pledge to the creditor.

In accordance with Part 4 of Article 348 of the Civil Code of the Russian Federation, the debtor, at any time before the sale of the subject of pledge, has the right to stop foreclosure and its implementation by fulfilling the obligation secured by the pledge or the part thereof, the fulfillment of which is overdue.
(Paragraph as amended, put into effect by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7.

If the writ of execution simultaneously indicates the amount of money to be collected in connection with the debtor’s failure to fulfill the obligation secured by the pledge and the requirement to foreclose on the pledged property, then if the debtor fails to fulfill the demand for collection of funds within the time limit established for voluntary execution, the bailiff or the head of the enforcement group execution makes a decision to collect the enforcement fee. The amount of the enforcement fee is calculated based on the amount to be collected.

If the executive document contains a requirement to foreclose on the pledged property, the resolution to initiate enforcement proceedings asks the debtor, within the deadline for voluntary execution, to submit the documents necessary for the sale of property, to provide access to the property to draw up a property inventory report, or to perform other actions necessary for the application foreclosure on the pledged property under such a writ of execution.

Failure by the debtor to perform these actions without good reason within the prescribed period is the basis for issuing a resolution to collect an enforcement fee, the amount of which is determined according to the rules established for enforcement documents of a non-property nature (Part 3 of Article 112 of the Law).
(Paragraph as amended, put into effect by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7.
________________
P.76, 77 Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 N 50 “On the application of legislation when considering certain issues arising during enforcement proceedings.”
(Footnote additionally included by letter of the Federal Bailiff Service of Russia dated May 11, 2016 N 0001/7)


However, if in order to execute a writ of execution containing a requirement to foreclose on the pledged property, there is no need for the debtor to perform any actions, and also if the foreclosure should be applied to the pledged property of a third party who is not a party to the obligation secured by the pledge, the period for voluntary execution by the bailiff is not established, therefore, there are no grounds for collecting the enforcement fee.

5.8. The procedure for collecting enforcement fees when changing the place of execution of enforcement actions

According to Part 7 of Article 33 of the Law, if in the process of executing a writ of execution the debtor’s place of residence, his place of work or his location has changed, or it turns out that the debtor’s property that can be foreclosed on is not present at the previous location, the bailiff draws up an act and makes a decision to transfer enforcement proceedings to another division of bailiffs.

In this case, to account for the collected amounts, when the enforcement fee is collected by the bailiff at the new place of execution of enforcement actions, the enforcement fee is transferred to the deposit account of the structural unit of the territorial body of the FSSP of Russia, which carried out the collection. The amount of the collected enforcement fee is taken into account in the reporting of the structural unit of the territorial body of the FSSP of Russia, which carried out the collection.

5.9. The procedure for collecting enforcement fees from government, state and municipal institutions

5.9.1. Collection of enforcement fees from a state institution

In accordance with Part 2 of Article 1 of the Law, the conditions and procedure for the execution of judicial acts on the transfer to citizens and organizations of funds from the corresponding budget of the budget system of the Russian Federation are established by the budget legislation of the Russian Federation.

In accordance with paragraph 2 of Article 239 of the Budget Code of the Russian Federation, foreclosure on funds from the budgets of the budget system is not carried out by the bailiff service, except in cases established by the Budget Code of the Russian Federation.

According to paragraph 13 of Article 242.3, paragraphs 12 of Articles 242.4 and 242.5 of the Budget Code of the Russian Federation, if accounts for a government debtor institution are opened in an institution of the Central Bank of the Russian Federation or in a credit organization, the execution of the writ of execution is carried out in accordance with the Law. In this case, the debtor is subject to the rules for collecting the enforcement fee established by the Law.

The law establishes an extrajudicial procedure for the collection and execution of the requirement to collect an enforcement fee from the debtor; the judicial procedure for bringing debtors to this type of liability is not provided for by the current legislation.

Thus, if the debtor government institution fails to comply with the requirements of the enforcement document, on the basis of which the bailiff initiated enforcement proceedings and issued a resolution to collect the enforcement fee, the bailiff collects the enforcement fee at the expense of cash, the debtor’s funds located on accounts opened for him in the Bank of Russia, other credit institutions, property.

5.9.2. Collection of enforcement fees from the debtor budgetary institution

According to paragraphs 11 and 12 of part 20 of article 30 of the Federal Law of 05/08/2010 N 83-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions" there are two cases of foreclosure on budget funds debtor institution by bailiff:

if accounts for the debtor budgetary institution are opened in an institution of the Central Bank of the Russian Federation or a credit organization;

if it is impossible to collect funds from the debtor budgetary institution due to the absence of funds in its personal accounts for more than three months.

Taking this into account, when collecting the enforcement fee from a debtor budgetary institution, the bailiff collects it from cash, funds located in the institution of the Central Bank of the Russian Federation or a credit organization.

In accordance with paragraph 3 of Article 298 of the Civil Code of the Russian Federation, a budgetary institution, without the consent of the owner, has no right to dispose of particularly valuable movable property assigned to it by the owner or acquired by the budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as real estate. At the same time, the budgetary institution has the right to dispose of the remaining property that it has under the right of operational management independently, unless otherwise provided by law.

Thus, in the absence or insufficiency of the specified funds from the debtor budgetary institution, the bailiff, guided by Article 69 of the Law, collects the enforcement fee at the expense of movable property that is not classified as especially valuable movable property by the relevant bodies exercising the functions and powers of the founder.

5.9.3. Collection of enforcement fees from the autonomous debtor institution

In accordance with Part 3 of Article 2 of the Federal Law of November 3, 2006 N 174-FZ “On Autonomous Institutions”, an autonomous institution created on the basis of property owned by the federal government, an autonomous institution created on the basis of property owned by a constituent entity of the Russian Federation, an autonomous institution created on the basis of municipally owned property has the right to open accounts in credit institutions or personal accounts in territorial bodies of the Federal Treasury, financial bodies of constituent entities of the Russian Federation, municipalities, respectively.

Thus, the enforcement fee from the above-mentioned debtors is collected from cash, funds located in the institution of the Central Bank of the Russian Federation or a credit organization, with the exception of funds held in personal accounts in the territorial bodies of the Federal Treasury, financial authorities of the constituent entities of the Russian Federation, municipalities, respectively.

The procedure for the actions of bailiffs in the absence or insufficiency of funds from an autonomous debtor institution is similar to the procedure for foreclosure on the property of budgetary debtor institutions.

I APPROVED
Director of the Federal Service
bailiffs - chief judicial
bailiff of the Russian Federation
A.O.Parfenchikov
June 7, 2014

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"