In many cases, the end of the trial is followed by a stage enforcement proceedings. Within its framework, court decisions, as well as other documents, are enforced.

Meanwhile, in a number of cases, the legality of opening enforcement actions raises reasonable doubts. In this case, how to challenge the ruling?

However, it should be taken into account that the actions of the bailiff can be appealed in court precisely within the framework of the execution of the relevant judicial act. In this case, you should contact the court that issued the performance list.

It is possible that a lawyer can suggest a specific option for filing a complaint based on the circumstances of the case and all the documents available to the client. This applies to the contract, payment documents and other important information.

In any case, attention should be paid to the text of the resolution. At the end there should always be a procedure in the beginning part.

On what grounds is it possible to cancel a decision to initiate legal proceedings?

First of all, this is the absence of debt itself. Thus, the bailiff can begin collection even when the case is at the stage of judicial proceedings and the contents of the final wording of the decision are not yet clear.

In this situation, you can apply, if not for cancellation, then for suspension of all enforcement actions.

Also, the basis for canceling the decision may be shortcomings made by the bailiff when drawing up the document. However, for this it will be necessary to delve into the intricacies of the legislation on enforcement proceedings.

Help with this can be provided by a lawyer who will study the text of the resolution and point out all the shortcomings that exist in it.

It would also be a good idea to visit the court and files, making the necessary copies. Then, after consulting with a specialist, it will be possible to outline a plan for further action regarding defending your own interests.

What should be in the complaint

Regardless of the type of document (complaint or application to court), it may have the following approximate structure. First, write the name of the authority where the appeal is addressed, as well as information about the debtor and the collector.

Then all the data regarding the resolution on the opening of enforcement actions is provided. In particular, the number and date of the document, its author, as well as the essence of the requirements and their amount are indicated.

This is followed by a statement of the reasons why the decision on enforcement proceedings should be cancelled. They should be supported not only by references to legislation on enforcement proceedings, but also by reference to the provisions of the CAS or the Arbitration Procedure Code of the Russian Federation.

In conclusion, the competent authority should be asked to cancel the decision on enforcement proceedings. Applying to the court to cancel a decision does not require payment of a state fee.

Note! State duty when filing administrative statement of claim to challenge the decision or actions (inaction) of the bailiff is not paid in accordance with paragraph. 3 pp. 7 clause 1 art. 333.36 Tax Code RF.

It is permissible to attach documents confirming the position of the debtor to the complaint or application. And if the legality of the bailiff’s actions is challenged by a lawyer, then the documents must also include a copy of his power of attorney.

How a complaint is processed

When it is submitted to the bailiffs, you can write in the appeal about your desire to be present during the consideration of the complaint.

If the commencement of enforcement proceedings is challenged in court, then the applicant must be summoned to court.

If there is a debt, then you can find out about the availability of enforcement measures in advance. It is enough to periodically familiarize yourself with the database of enforcement proceedings located on the FSSP website.

When the initiation of enforcement proceedings is successfully appealed, the corresponding decision is subject to cancellation. It will be important to obtain documentary confirmation from the bailiffs.

Legal assistance in enforcement proceedings

When you need to protest to another city, it is important to immediately contact a lawyer.

However, there are certain deadlines for the debtor to voluntarily comply with the decision on enforcement proceedings.

Otherwise possible coercive measures, including seizure of property or deductions from wages.

Having quickly reviewed all the documents, the lawyer will be able to suggest the correct procedure for appealing the decision on enforcement proceedings. For this purpose, he will prepare an objection to the decision to initiate enforcement proceedings and all the necessary documents.

Be that as it may, it is important to immediately obtain an initial free consultation from a lawyer. She is available both during a personal appointment and over the telephone.

At the same time, you can write to a lawyer about your problem in advance online. This service is available on our website on the page.

Hello, You need to clarify which specific property. a seizure order was issued. Property that does not belong to you cannot be seized.

Seizure of property consists of a prohibition addressed to the owner or holder of the property to dispose of and, if necessary, use it, as well as to confiscate the property and transfer it for storage.

Seizure cannot be imposed on property that, in accordance with the Civil Procedure Code Russian Federation foreclosure cannot be made.

So, according to Art. 446 of the Code of Civil Procedure of the Russian Federation, recovery under executive documents cannot be applied to the following property owned by a debtor citizen:

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance foreclosure may be applied to the mortgage legislation; land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and foreclosure may be applied to it in accordance with the mortgage legislation ;items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items; property necessary for the professional activities of a debtor citizen, with the exception of items whose value exceeds 100 minimum wages; used for the purposes , not related to business activities, breeding, dairy and draft cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance ;seeds necessary for the next sowing; food and money for a total amount not less than the established amount living wage the citizen-debtor himself and his dependents; fuel necessary for the family of the citizen-debtor to prepare their daily food and heat their living quarters during the heating season; means of transport and other property necessary for the citizen-debtor in connection with his disability; prizes , state awards, honorary and memorable signs awarded to a debtor citizen.

The list of property of organizations that cannot be seized under executive documents is determined by federal law.

(hereinafter also referred to as IP) is in the public domain. To make sure that you have an individual entrepreneur, you need to go to the FSSP website and go to the “Bank of Enforcement Proceedings” service page. The service allows you to find open production facilities using several parameters:

1. Full name and date of birth of the debtor-citizen.
2. The name and region of location of the debtor organization.
3. Tipu ( court order, writ of execution, etc.) and the number of the writ of execution.
4. Production number.

The search results will include:

• information about the creditor and debtor;
• date of initiation and IP number;
• number and date of the writ of execution;
• amount of debt;
• contact details of the responsible bailiff.

The IP number is always contained in the order of the bailiff. However, if the receipt of the resolution was unexpected for the debtor, then it is initially recommended to look for an individual entrepreneur using the 1st or 2nd parameter to make sure that there are no other proceedings. How to obtain a resolution to initiate enforcement proceedings if they are discovered? The only option is to visit the FSSP.

The FSSP website allows you to instantly pay off any debt (regardless of whether it is a loan debt or a fine in favor of the state). After payment, the individual entrepreneur disappears from the database, but this does not happen immediately, but after 5-7 days. If the check shows that the production has been open for a long time, you should find out the details from the bailiff.

Deadlines in the resolution - what is important?

After receiving a decision to initiate enforcement proceedings, what should you do first? According to Part 11-12 of Article 30 of the Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ (hereinafter referred to as Law No. 229), in the case when the executive document is received by the FSSP for the first time, the debtor should be given the opportunity to avoid forced collection. To do this, the bailiff, having initiated the IP, sets in the resolution a deadline for voluntary execution. It is its absence or presence in the document that you need to pay attention to first of all.

The specified period is 5 working days from the moment the debtor receives a copy of the decision to initiate proceedings. During this period, bailiffs do not have the right to proceed to the stage of compulsory execution, although they can perform some (not having the sign of compulsory) actions (for example, requests to search for the debtor’s property to credit organizations).

However, it is worth considering that not every resolution specifies this period. If the writ of execution has already been executed before, there will be no such deadline. It will also not be available when the document is received by the bailiffs for the first time, if it is subject to immediate execution, and in some other cases specified in Part 14 of Art. 30 of Law No. 229. The debtor is obliged, according to the law, to fulfill the requirements of documents subject to immediate execution within 24 hours.

If the bailiff proceeds with enforcement after sending the resolution to initiate enforcement proceedings, but before the expiration of the specified deadlines, his actions can (and should) be appealed to a higher official or in court.

Don't know your rights?

Appeal the decision or ignore it - consequences

1. For failure to comply with the requirements of a writ of execution on a voluntary basis, bailiffs have the right (and actively use this) to collect an enforcement fee in the amount of 7% of the collection amount. However, this fee also has a minimum amount:
   • 1000 rub. — for individuals;
   • 10,000 rub. - for companies.

   Thus, the debt will only increase if it is not fulfilled.

2. Bailiffs have an arsenal of measures that they use to collect and encourage the debtor to repay the debt (Chapter 7 of Law No. 229). For example, one day you may discover that there is no money in your bank account because it was written off as a debt, or your right to drive a car and travel abroad is limited.

Thus, for most people, hiding from bailiffs is extremely unprofitable. The organization will simply write off money from its accounts.

If there are grounds for this, the decision must be appealed. The reason may be that:

• The resolution does not comply with the requirements of Art. 14 of Law No. 229;
• no deadline has been established for voluntary compliance;
• there are no account details to which the debt should be transferred;
• proceedings under the specified executive document have already been initiated, etc.

There is no approved complaint form. Our sample will help you draw up an application (complaint).

Sometimes citizens receive such resolutions instead of their full namesakes, that is, they become victims of an error. To resolve the misunderstanding, you need to go to the bailiffs for a face-to-face appointment. You can also try to suspend or terminate the proceedings if there are grounds for this (Articles 39-40, 43 of Law No. 229).

So, you can check all open individual entrepreneurs regarding a citizen or organization on the website of the bailiff service. Once the debt is paid, production disappears from the base. Having received a resolution to initiate an individual entrepreneur, you must not ignore it, but try to pay the debt within the period for voluntary execution. If the debtor believes that the decision was made with violations, it should be appealed. Failure to do so may result in negative enforcement consequences.

• History of the development of economic justice in Russia
  • Development of commercial proceedings and legislation in Russia in the 17th-18th centuries.
  • Legal proceedings in commercial courts of Russia in the 19th - early 20th centuries.
  • Development of arbitration proceedings in Russia in the 20th century.
• The essence of the arbitration process. Basic Concepts
  • Arbitration process in the Russian Federation: concept and objectives
  • Arbitration process as a branch of legal science
  • Arbitration process as a branch of Russian law
• Sources of arbitration procedural law
  • Rules of law in common system legislative acts
  • The concept and significance of the sources of arbitration procedural law
  • Classification of sources of arbitration procedural law
• Subjects of the arbitration process
  • Arbitration courts in the Russian Federation
  • Competence of arbitration courts of the Russian Federation
  • Participants in the arbitration process
  • Participation of the prosecutor in the arbitration process
• Principles of the arbitration process
  • General judicial principles of the arbitration process
  • General judicial principles of the arbitration process
• Evidence and proof in arbitration court
  • Concept and types of evidence in arbitration proceedings
  • Evidence in arbitration proceedings
• Interim measures in arbitration proceedings
  • The concept and meaning of interim measures in the arbitration process
  • Types of interim measures in arbitration proceedings
• Procedural documents, deadlines and costs
  • The concept and types of procedural documents in the arbitration process
  • The concept and types of procedural deadlines in the arbitration process
  • The concept and types of procedural costs in the arbitration process
• SPECIAL PART
• Claim and right to claim in arbitration proceedings. Claim and litigation proceedings
  • Concept and types of claim in arbitration proceedings
  • Peculiarities of claim proceedings in the arbitration process
• Proceedings in the arbitration court of first instance
  • The procedure for initiating cases in arbitration courts
  • Conditions for accepting a statement of claim in arbitration court
• Preparing a case for trial in an arbitration court
• Trial
  • Composition of the arbitration court and court hearing
  • Court notices and summonses in arbitration proceedings
  • Conciliation procedures of the arbitration court
  • Suspension of proceedings in the arbitration court
  • Leaving the claim without consideration. Termination of proceedings in the arbitration court
  • Protocol of the court session of the arbitration court
• Decisions and rulings of the arbitration court
  • Arbitration court decisions
  • Arbitration court rulings
  • Verification of the legality and validity of decisions and rulings of the arbitration court
• Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations
• Features of proceedings in the arbitration court for individual categories affairs
• Proceedings in the arbitration court of appeal
  • Deadline for filing, form and content of an appeal in the arbitration court
  • Procedure for proceedings in the arbitration court of appeal
• Proceedings in the arbitration court of cassation
  • Timing, form and content of a cassation appeal in an arbitration court
  • The procedure for proceedings in the arbitration court of cassation
• Proceedings for review of judicial acts by way of supervision
  • The concept and objectives of proceedings to review judicial acts in the manner of supervision
  • The procedure for reviewing judicial acts in the manner of supervision in the arbitration process
• Proceedings to review judicial acts that have entered into legal force due to newly discovered circumstances
  • The concept and objectives of proceedings to revise judicial acts that have entered into legal force based on newly discovered circumstances
  • The procedure for reviewing judicial acts that have entered into legal force due to newly discovered circumstances
• Proceedings in cases related to the execution of judicial acts of arbitration courts
  • Judicial acts and writs of execution in arbitration proceedings
  • Participants in enforcement proceedings
  • The procedure for enforcement proceedings
  • Enforcement actions and enforcement measures
  • Features of the application of certain enforcement measures
  • Protection of the rights of the claimant, debtor and other persons when performing enforcement actions
• Resolution of economic disputes by arbitration courts
  • The concept and significance of resolving economic disputes by arbitration courts
  • Procedure for resolving economic disputes by arbitration courts
• Consideration by an arbitration court of cases of administrative offenses
  • The concept and significance of proceedings for the consideration by an arbitration court of cases of administrative offenses
  • The procedure for the consideration by an arbitration court of cases of administrative offenses
• Proceedings in cases involving foreign persons
  • The concept and significance of arbitration proceedings in cases involving foreign persons
  • The procedure for arbitration proceedings in cases involving foreign persons
• Proceedings in international commercial arbitrations
  • Competence and composition of international commercial arbitrations
  • Activities of international commercial arbitration in the Russian Federation
  • Organizational basis of judicial proceedings in the ICAC
  • Procedure for proceedings in the ICAC

The procedure for enforcement proceedings

The arbitration court, at the request of the claimant, debtor, bailiff, may suspend or terminate enforcement proceedings initiated by the bailiff on the basis of a writ of execution issued by the arbitration court, in cases provided for by the federal law on enforcement proceedings.

Statutory general rules enforcement proceedings operate both when foreclosure on the property of citizens and on the property of organizations, both when executing enforcement documents in disputes of a property and non-property nature.

Enforcement proceedings develop in stages (stages):

• initiation of enforcement proceedings;
• carrying out enforcement actions;
• end of enforcement proceedings.

1. Initiation of enforcement proceedings(Article 30 of the Federal Law “On Enforcement Proceedings”). The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant, unless otherwise established by the Federal Law “On Enforcement Proceedings”.

For this purpose, the claimant must submit an application together with the enforcement document at the place where the enforcement actions were taken. The place of execution of enforcement actions and application of compulsory enforcement measures is the place of residence, place of stay or location of the property of the debtor, if the debtor is a citizen. If the debtor is an organization, then enforcement actions are carried out and enforcement measures are applied at its legal address, the location of its property or at the legal address of its representative office or branch.

The requirements contained in enforcement documents obliging the debtor to perform certain actions or refrain from performing certain actions are executed at the place where these actions were performed.

Several enforcement proceedings of a property nature initiated against one debtor, as well as enforcement proceedings initiated against several debtors for joint recovery in favor of one claimant, are combined into consolidated enforcement proceedings.

Enforcement proceedings can be initiated without a statement from the claimant:

1. at the initiative of the bailiff, if the costs of carrying out enforcement actions, enforcement fees and fines are collected;
2. in case of execution of an order from another bailiff;
3. when a court, another body or official, in accordance with federal law, sends a writ of execution directly to the bailiff.

After receipt of the writ of execution and the claimant’s application to the service bailiffs they are transferred to the bailiff within three days to initiate proceedings. The bailiff, within three days from the date of receipt of the enforcement document, issues a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings.

In cases where the writ of execution is subject to immediate execution, it is immediately transferred to the bailiff, who must initiate enforcement proceedings or refuse to initiate them within 24 hours.

The Law on Enforcement Proceedings (Article 31) establishes cases when enforcement proceedings are not initiated. The grounds for refusal can be divided into two groups.

The first includes the grounds that allow the executive document to be presented again after the circumstances that served as the basis for refusing to initiate enforcement proceedings have been eliminated.

• the writ of execution was presented without an application from the claimant or the application was not signed by the claimant or his representative.
• the writ of execution was not presented at the place where the enforcement actions were performed.
• The deadline for presenting the writ of execution has expired and it has not been restored by the court.
• the document is not executory or is drawn up in violation of the requirements for executive documents.
• a judicial act, an act of another body or official, which is an executive document or on the basis of which an executive document was issued, has not entered into legal force; The exception is cases of immediate execution.

The second group includes grounds for refusal to initiate enforcement proceedings, which do not allow the writ of execution to be presented again for execution:

• enforcement proceedings had already been previously terminated under this executive document.
• enforcement proceedings under this executive document were completed earlier.
• the writ of execution is not subject to execution by the bailiff service.

The bailiff issues a decision on the refusal to initiate enforcement proceedings.

When enforcement proceedings are initiated, the debtor is given period for voluntary execution which cannot exceed five days. In accordance with Part 2 of Art. 15 of the Federal Law “On Enforcement Proceedings”, periods calculated in days do not include non-working days.

At the same time, the Law specifies cases when the bailiff does not set a deadline for voluntary execution:

1. at the end of the main enforcement proceedings, if the bailiff initiates enforcement proceedings on issued and unfulfilled orders to collect from the debtor the costs of carrying out enforcement actions, to collect the enforcement fee and fines imposed by the bailiff;
2. upon subsequent presentation of the writ of execution:
   • about reinstatement at work;
   • on administrative suspension of activities;
   • on confiscation of property;
3. according to the executive document on interim measures.

In case of failure to execute the enforcement document within the period established for the voluntary execution of the specified document, an enforcement fee is collected from the debtor.

Performance fee- a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the time limit established on the day of voluntary execution of the writ of execution, as well as in the event of his failure to comply with a writ of execution subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff’s decision to initiate enforcement proceedings (credited to the federal budget).

The enforcement fee is established by the bailiff if the debtor has not provided the bailiff with evidence that execution was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under given conditions.

The enforcement fee is set at 7% of the amount to be recovered or the value of the recovered property, but not less than 500 rubles. from a debtor-citizen and 5 thousand rubles. from the debtor organization. In case of non-execution of an enforcement document of a non-property nature, the enforcement fee from the debtor-citizen is set at 500 rubles, from the debtor-organization - 5 thousand rubles.

The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the debtor’s property, other significant circumstances, and other significant circumstances, to delay or defer the collection of the enforcement fee, and also to reduce its size, but not more than by 1/4. If there are no installed Civil Code RF grounds for liability for breach of obligation, the court has the right to exempt the debtor from collecting the enforcement fee.

The legislation (Parts 5 and 10 of Article 112 of the Federal Law “On Enforcement Proceedings”) provides for an exhaustive list of cases in which the enforcement fee is not subject to collection, as well as an exhaustive list of cases in which the collected enforcement fee is subject to return to the debtor in full - in cases cancellation of: a judicial act, an act of another body or official, on the basis of which the executive document was issued; executive document; resolution of the bailiff to collect the enforcement fee.

Decree of the Government of the Russian Federation dated July 21, 2008 No. 550 approved the Rules for the return of enforcement fees to the debtor.

Copies of the decision to initiate and refuse to initiate enforcement proceedings with the attachment of all received documents no later than the next day are sent to the claimant, debtor, as well as to the court, other body or official who issued the executive document.

2. Execution of enforcement actions. The bailiff carries out actions and applies enforcement measures within the limits of his territorial competence.

If it is necessary to carry out certain enforcement actions and (or) apply certain enforcement measures in the territory to which his powers do not extend, he has the right to entrust the performance of these actions to the relevant bailiff.

In accordance with Art. 35 of the Federal Law “On Enforcement Proceedings” enforcement actions are carried out on weekdays from 6.00 to 22.00 local time. The specific time for carrying out enforcement actions is determined by the bailiff. The claimant and the debtor have the right to offer the bailiff a time convenient for them.

An exception to these rules is the need to carry out enforcement actions and apply enforcement measures on non-working days or on working days from 22.00 to 6.00. This is permitted in cases where:

• a threat to the life and health of citizens is created;
• execution is related to the holding of elections to state authorities and local governments; when the requirements for securing a claim are fulfilled;
• foreclosure is applied to property subject to rapid deterioration.

In the listed cases, the bailiff must obtain written permission from the senior bailiff, who, in turn, must immediately notify the chief bailiff of the subject of the Russian Federation about this.

The law establishes deadlines for carrying out enforcement actions. As a rule, the requirements contained in the executive document must be fulfilled by the bailiff within two months from the date of initiation of enforcement proceedings (Article 36 of the Federal Law “On Enforcement Proceedings”).

If there are circumstances that prevent the execution of enforcement actions (illness of the debtor, property status of the parties, lack of awarded property in kind and other noteworthy circumstances), it may be necessary to postpone the payment by installments or change the method and procedure of execution.

The issue of granting a deferment and installment plan or changing the method and procedure for execution is decided by the person who issued the writ of execution. Parties to enforcement proceedings or a bailiff have the right to apply to the person who issued the executive document with an application to postpone or installment of its execution or to change the method and procedure for execution.

The arbitration court considers this application according to the rules of Art. 324 Arbitration Procedure Code of the Russian Federation. Issues are resolved in court. The collector, debtor, and bailiff are notified of the time and place of the court hearing, but their failure to appear does not prevent the consideration of the application.

By granting an installment plan or deferment, the court, if there is an application from the debtor or claimant, may decide on the indexation of the amounts collected to the day of execution of the court decision.

The ruling of the court (arbitration court) on granting a deferment, installment plan, or on the execution of the method of execution of the decision may be appealed.

Postponement of enforcement actions- this is the transfer of executive actions and enforcement measures to a later date. The bailiff may postpone enforcement actions at the request of the claimant or on his own initiative and is obliged to postpone enforcement actions as determined by the court (Article 38 of the Federal Law “On Enforcement Proceedings”). The maximum delay period is established only for the bailiff: no more than 10 days. Procedural legislation does not establish deadlines for adjournment. In this regard, the court (arbitration court) may postpone enforcement actions for longer periods; in this case, the judicial act must indicate the date until which enforcement actions are postponed.

Adjournment is carried out in the presence of circumstances that prevent the performance of enforcement actions. This could be, for example, the temporary absence of one of the debtors.

The legislation also provides for the suspension of enforcement proceedings.

Suspension of enforcement proceedings This is the termination of enforcement actions for an indefinite period, based on cases specified in the law.

The suspension of enforcement proceedings is regulated both by the rules of arbitration procedural (Part 1 of Article 327 of the Arbitration Procedure Code of the Russian Federation) legislation and by the Law on Enforcement Proceedings (Articles 39-42).

During suspension, no enforcement actions are allowed to the extent that the enforcement proceedings are suspended.

Enforcement proceedings may be suspended either completely or in part.

The suspension of enforcement proceedings can be carried out either by a court (arbitration court) or by a bailiff - executor. The grounds for suspension are established by the Law on Enforcement Proceedings.

There are mandatory and optional suspension of enforcement proceedings by the court and the bailiff. Thus, the mandatory grounds for suspension of enforcement proceedings by the court are provided for in Part 1 of Art. 39 of the Law on Enforcement Proceedings, this is, for example, in the case of challenging a bailiff’s decision to collect an enforcement fee. The grounds for the optional suspension of enforcement proceedings are provided for in Part 2 of Art. 39 of the Law on Enforcement Proceedings, this is, for example, if the debtor is in long-term business trip etc. The Law on Enforcement Proceedings also provides for both mandatory and optional grounds for the suspension of enforcement proceedings by a bailiff (Article 40).

The chief bailiff of the Russian Federation, the chief bailiff of a constituent entity of the Russian Federation and their deputies have the right to suspend enforcement proceedings in the event of a complaint against the decision, actions (inaction) of officials of the bailiff service subordinate to them (Part 3 of Article 40 of the Federal Law “On Enforcement Proceedings”).

Enforcement proceedings are suspended by the court or a bailiff until the circumstances that served as the basis for the suspension of enforcement proceedings are eliminated.

The court or bailiff resumes suspended enforcement proceedings after eliminating the circumstances that served as the basis for its suspension.

The legislation provides for two forms of ending enforcement proceedings without actual execution:

1. termination of enforcement proceedings;
2. return of the writ of execution.

Termination of enforcement proceedings- termination of proceedings without actual execution (in whole or in part) of the writ of execution, in which the claimant is deprived of the right to re-submit this document for execution.

Termination of enforcement proceedings is not the exclusive prerogative of the court general jurisdiction or an arbitration court: the bailiff is also given the right to terminate enforcement proceedings (Article 327 of the Arbitration Procedure Code of the Russian Federation, Article 43 of the Federal Law “On Enforcement Proceedings”).

Enforcement proceedings terminated by the court in cases:

1. death of the claimant-citizen (debtor-citizen), declaring him dead or recognizing him 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 a trustee appointed by the guardianship and trusteeship body ;
2. loss of the ability to execute a document obliging the debtor to perform certain actions (refrain from performing certain actions);
3. 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;
4. in other cases when federal law provides for the termination of enforcement proceedings.

Enforcement proceedings terminated by the bailiff in cases:

1. adoption by the court of an act to terminate the execution of the writ of execution issued by it;
2. the court's acceptance of the claimant's refusal to foreclose;
3. approval by the court of a settlement agreement between the claimant and the debtor;
4. cancellation of the judicial act on the basis of which the executive document was issued;
5. cancellation or invalidation of the executive document on the basis of which enforcement proceedings were initiated;
6. 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.

Upon termination of enforcement proceedings, all assigned enforcement measures are canceled by the bailiff. Terminated enforcement proceedings cannot be initiated again.

The issue of termination of enforcement proceedings is decided by the arbitration court that issued the writ of execution, or the court in the area of ​​​​operation of which the bailiff performs his duties (Part 1 of Article 45 of the Federal Law “On Enforcement Proceedings”, Part 2 of Article 327 of the Arbitration Procedure Code of the Russian Federation) within ten days.

The bailiff shall consider the application for termination of enforcement proceedings within ten days from the date of receipt of the application. Based on the results of consideration of the application, the bailiff issues a decision to suspend or terminate enforcement proceedings or to refuse to suspend or terminate enforcement proceedings.

Return of the writ of execution to the claimant- the end of enforcement proceedings, in which the claimant is not deprived of the right to re-submit the enforcement document for execution.

The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1. at the request of the claimant;
2. if it is impossible to execute an executive document obliging the debtor to perform certain actions (refrain from performing certain actions), the possibility of execution of which has not been lost;
3. if it is impossible to establish the location of the debtor, his property or obtain information about the availability of his property Money and other valuables held in accounts, deposits or stored in banks or other credit organizations, except when Federal law“On Enforcement Proceedings” provides for the search for the debtor or his property;
4. if the debtor does not have any property that can be foreclosed on, and all measures taken by the bailiff, permitted by law, to find his property were unsuccessful;
5. when the claimant refused to retain the debtor’s property that was not sold during the execution of the writ of execution;
6. if the claimant, by his actions, prevents the execution of the executive document (Article 46 of the Federal Law “On Enforcement Proceedings”).

The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the writ of execution to the recoverer.

The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period for presentation of writ of execution for execution established by the Federal Law “On Enforcement Proceedings”.

3. End of enforcement proceedings. The Federal Law “On Enforcement Proceedings” (Article 47) establishes the grounds for ending enforcement proceedings.

Enforcement proceedings are completed by a bailiff in the following cases:

1. actual fulfillment of the requirements contained in the executive document;
2. actual execution at the expense of one or more debtors of the claim for joint and several recovery contained in the enforcement documents combined into consolidated enforcement proceedings;
3. return of the writ of execution to the claimant on the grounds provided for in Art. 46 Federal Law “On Enforcement Proceedings”;
4. return of the writ of execution at the request of the court, other body or official who issued the writ of execution;
5. sending a writ of execution from one bailiff unit to another;
6. 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 Art. 96 Federal Law “On Enforcement Proceedings”;
7. declaring the debtor-organization bankrupt and sending the executive document to the bankruptcy trustee, with the exception of the executive documents specified in Part 4 of Art. 96 Federal Law “On Enforcement Proceedings”;
8. sending a copy of the writ of execution to the organization to withhold periodic payments established by the writ of execution;
9. the expiration of the statute of limitations for the execution of a judicial act, an act of another body or official in a case of an administrative offense (taking into account the provisions provided for in Part 9 of Article 36 of the Federal Law “On Enforcement Proceedings”), regardless of the actual execution of this act.

A resolution is issued on the completion of enforcement proceedings indicating the fulfillment of the requirements contained in the executive document, in whole or in part, or their non-fulfillment.

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

1. the claimant and the debtor;
2. to the court, other body or official who issued the executive document;
3. to a bank or other credit organization, other organization or body that fulfilled the requirements for establishing restrictions in relation to the debtor and (or) his property;
4. to the organization or body that carried out the search for the debtor, his property, and the search for the child.

During the period of presentation of the writ of execution for execution, the bailiff's decision on the completion of enforcement proceedings may be canceled by the senior bailiff on his own initiative or at the request of the claimant if it is necessary to repeat enforcement actions and apply, including repeated, enforcement measures.

All decisions of the bailiff and other officials of the bailiff service, their actions (inactions) can be appealed by the parties to enforcement proceedings and other persons whose rights and interests have been violated, in the order of subordination or challenged in court.

Chapter 16 of the Federal Law “On Enforcement Proceedings” regulates the costs of carrying out enforcement actions.

Expenses for carrying out enforcement actions- cash federal budget, the claimant and other persons involved in enforcement proceedings, spent on organizing and conducting enforcement actions and applying enforcement measures.

Expenses for carrying out enforcement actions include funds spent on:

• transportation, storage and sale of the debtor's property;
• remuneration for the work of translators, specialists and other persons involved in in the prescribed manner to the organization and conduct of enforcement actions, and compensation for expenses incurred by them, as well as by attesting witnesses;
• transfer (transfer) to the recoverer of funds;
• search for the debtor, his property, search for the child;
• carrying out state registration debtor's rights;
• committing others necessary actions in the process of executing an executive document (Article 116 of the Federal Law “On Enforcement Proceedings”).

The costs of carrying out enforcement actions are reimbursed to the federal budget, the claimant and the persons who incurred these costs at the expense of the debtor.

In the event of termination of enforcement proceedings due to the cancellation of a judicial act, or due to the cancellation or invalidation of an executive document, the costs of carrying out enforcement actions are charged to the federal budget.

Collection from the debtor of expenses for carrying out enforcement actions, attributing them to the federal budget in cases provided for by the Federal Law “On Enforcement Proceedings”, as well as reimbursement of expenses to the person who incurred them, are carried out on the basis of a resolution of the bailiff approved by the senior bailiff .

2. The application is signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a request to seize the debtor's property in order to ensure the fulfillment of the requirements for property penalties contained in the executive document, as well as to establish for the debtor the restrictions provided for by this Federal Law. The claimant may indicate in the application to initiate enforcement proceedings the information known to him about the debtor, and also attach to the application documents containing information about the debtor, his property status and other information that may be important for the timely and complete fulfillment of the requirements of the enforcement document.

2.1. An application to initiate enforcement proceedings on the basis of the executive documents specified in parts 1, , and 7 of Article 21 of this Federal Law, completed by a bailiff on the basis of an act on the debtor’s absence of property that can be foreclosed on (if all the legal measures taken by the bailiff to find the debtor's property were unsuccessful), may be filed no earlier than six months after the end of enforcement proceedings or earlier than the specified period if there is information about a change in the debtor's property status. An application for the initiation of enforcement proceedings on the basis of other executive documents, completed by the bailiff on the basis of an act on the absence of property in the debtor's possession that can be foreclosed on (in the event that all measures taken by the bailiff permissible by law to find the debtor's property turned out to be unsuccessful) may be filed no earlier than two months after the end of enforcement proceedings or before the expiration of the specified period if there is information about a change in the debtor’s property status.

3. The writ of execution and the application are submitted by the recoverer at the place of execution of enforcement actions and application of enforcement measures, determined in accordance with Article 33 of this Federal Law.

4. If the recoverer does not know in which division of the bailiffs the enforcement proceedings should be initiated, then he has the right to send the executive document and application to the territorial body Federal service bailiffs (the chief bailiff of the constituent entity (the chief bailiff of the constituent entities) of the Russian Federation) at the place of execution of enforcement actions and application of enforcement measures, determined in accordance with Article 33 of this Federal Law. The chief bailiff of the subject (chief bailiff of the constituent entities) of the Russian Federation sends the specified documents to the appropriate division of bailiffs within five days from the date of their receipt, and if the writ of execution is subject to immediate execution - on the day of their receipt.

(see text in the previous edition)

5. The bailiff initiates enforcement proceedings without an application from the claimant in the cases provided for in Part 6 of this article, as well as when a court, another body or official, in accordance with federal law, sends an enforcement document to the bailiff.

(see text in the previous edition)

5.1. Request central authority about the search for a child is sent by the central body appointed in the Russian Federation in order to ensure the fulfillment of obligations under an international treaty of the Russian Federation, to the structural unit of bailiffs of the territorial bodies of the Federal Bailiff Service at the last known place of residence or place of stay of the person with whom the child may be , or by the location of this person’s property or by the last known place of residence of the child.

6. The basis for initiating enforcement proceedings is also the order of the bailiff issued in the process of compulsory execution of the writ of execution on the calculation and collection of alimony arrears in the event of termination of enforcement proceedings in accordance with paragraph 9 of part 2 of Article 43 of this Federal Law, on the collection of expenses for the commission of enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document.

(see text in the previous edition)

7. The claimant’s application and the writ of execution are transferred to the bailiff within three days from the date of their receipt by the bailiff department.

7.1. An application by the claimant and a writ of execution containing a demand for the return of a child illegally transferred to the Russian Federation or detained in the Russian Federation or for the exercise of access rights in relation to such a child on the basis international treaty of the Russian Federation, or a request from a central authority to search for a child shall be transferred to the bailiff no later than the day following the day of their receipt by the bailiff department.

8. The bailiff, within three days from the date of receipt of the enforcement document, issues a resolution to initiate enforcement proceedings or to refuse to initiate enforcement proceedings.

9. If a claimant refuses to satisfy a request to seize the debtor’s property or to impose restrictions on the debtor as provided for by this Federal Law, the bailiff shall indicate in the resolution to initiate enforcement proceedings the reasons for such refusal.

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

Advertisement from him the enforcement fee and expenses for carrying out enforcement actions provided for by this Federal Law.

12. The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.

(see text in the previous edition)

(see text in the previous edition)

14. The bailiff does not set a time limit for the voluntary execution of a writ of execution in cases of initiation of enforcement proceedings:

2) upon subsequent presentation of the writ of execution;

3) under a writ of execution on confiscation of property;

4) according to a writ of execution on serving compulsory labor;

5) according to an executive document subject to immediate execution;

6) under a writ of execution on forced deportation from the Russian Federation foreign citizen or stateless persons;

7) at the request of the central authority to search for a child;

8) according to a writ of execution issued by courts of general jurisdiction and arbitration courts in relation to a foreign state.

(see text in the previous edition)

14.1. The bailiff, in the resolution to initiate enforcement proceedings, obliges the debtor to provide documents confirming that the debtor has property belonging to him, income that cannot be recovered under enforcement documents, including funds in accounts, deposits or storage in banks and other credit institutions, as well as property that is the subject of pledge.

14.2. The bailiff, in the resolution to initiate enforcement proceedings, warns the debtor about the establishment of time restrictions in relation to him, provided for by this Federal Law, in case of failure to fulfill the requirements contained in the executive document within the time limit established for voluntary execution without good reason. Article 315 of the Criminal Code of the Russian Federation for non-execution of a judicial act, as well as obstruction of its execution.