Application to Sberbank for acceptance of a writ of execution. How many days does Sberbank execute the writ of execution?


By court decision, you have been charged a certain amount from the bank. Let's say it was illegally taken loan commissions, or money missing from the account, or a deposit that was not issued on time. The court decision has entered into force, you have been given performance list, in which the debtor is registered - the bank. Where should I take this writ of execution now to get the money quickly?

Legislation

1. Executive document on recovery Money or their arrest may be sent to a bank or other credit organization directly by the recoverer.
Article 8 of the Federal Law on enforcement proceedings

5. The bank or other credit organization servicing the debtor’s accounts shall immediately fulfill the requirements for the collection of funds contained in the writ of execution or the order of the bailiff, about which they shall inform the recoverer or the bailiff within three days from the date of their execution.
Article 70 of the Federal Law on enforcement proceedings

Option 1. Take the writ of execution to the bank itself.

In my practice, I have encountered banks that themselves quickly and without problems executed court decisions. For example, it was possible to take a writ of execution to collect money from Sberbank to the local branch of Sberbank. The next day the collected money arrived in the account. And Baltinvestbank, for example, paid without any writ of execution at all: they simply called immediately after the court decision came into force and asked for payment details.

You can clarify the possibility of voluntary execution of a decision, for example, from a bank lawyer who is present at court hearings.

However, the bank's policy may change. Plus, the factor of dishonesty cannot be excluded, for example, if a bank is on the verge of revoking its license, it financial difficulties, and he doesn’t care anymore. Therefore, if you do not have information about whether your bank fulfills decisions voluntarily, or if there is no longer a bank branch in your city, there is

Option 2. Execute the decision through the Bank of Russia RCC.

The bank is the same legal entity as other organizations. He, like everyone else, has an account in which money is stored. Only this account (correspondent account) is opened in a special division Central Bank RF - cash settlement center (RCC). If you submit your writ of execution there, the RCC will forcibly write off money from the bank's correspondent account to your details.

How to find out which Bank of Russia RCC you should contact?

1. Find your bank details.

They may be specified in your agreement with the bank (deposit, credit, etc.). You can also always view the details on the bank’s official website. This is usually the section About the bank -> Details.

Collection under a writ of execution through a bank

The legislation of the Russian Federation provides for the right of the claimant to independently submit a writ of execution (hereinafter referred to as IL) for the implementation of the requirements set out in it to the bank servicing the debtor’s accounts (clause 1 of Article 8 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ).

By thus eliminating the need for enforcement proceedings, it is possible to significantly reduce the time required for fulfilling orders for the collection of funds provided for by enforcement documents.

The claimant needs to submit to the credit institution (clauses 2-3 of Article 8 of Law No. 229-FZ):

  • the executive document itself (original);
  • statement on your own behalf;
  • power of attorney for a representative, if any.

Submission of a writ of execution to the debtor's bank

First of all, you should find out which specific credit organization the debtor has current accounts. To do this, a corresponding application is submitted to the territorial body of the Federal Tax Service of Russia, in which the debtor is registered.

The Federal Tax Service must report the debtor’s accounts within 7 days from the date of the request (Clause 10, Article 69 of Law No. 229-FZ).

After receiving the necessary information, you can submit the IL to the bank. In the accompanying application, the claimant-citizen indicates the following information:

  • details of the bank account to which the collected funds of the debtor should be transferred;
  • your last name, first name, patronymic;
  • citizenship;
  • passport data or data of a migration card and a document confirming the right of residence or stay in the territory of the Russian Federation;
  • address of residence or stay;
  • TIN - if available (Clause 2, Article 8 of Law No. 229-FZ).

The legal entity, in addition to the account details, must indicate in the application its name, INN, OGRN, place of state registration and its legal address.

Thus, the writ of execution can be submitted by the claimant to the bank independently with the corresponding application attached and similarly withdrawn. On obtaining a writ of execution for further presentation to the bank - in the article

Circumstances of the case:

Our client is a legal entity, having accounts receivable, in accordance with the procedure established by Article 8 of the Federal Law “On Enforcement Proceedings”, presented for collection a writ of execution with a corresponding application to PJSC BANK “SBERBANK OF RUSSIA” CENTER RUSSIAN BANK.

The writ of execution was returned by the PCP MSC "Yasnaya Polyana" PJSC "Sberbank" to our client without execution due to the fact that the founder's decision to liquidate the debtor was made, which is confirmed by the corresponding extract from the Unified State Register of Legal Entities, and the payment of sums of money to the creditors of the liquidated legal entity persons is carried out by the liquidation commission in the order of priority established by Article 64 Civil Code RF, in accordance with the interim liquidation balance sheet. The bank also referred to Article 96 of the Federal Law “On Enforcement Proceedings”.

What we decided to do:

In this case, the bank had no legal grounds for returning it to the claimant without executing a writ of execution, despite the fact that the debtor is in the process of liquidation.

Thus, the bank’s return of the writ of execution to the claimant without execution will be recognized by the arbitration court as illegal, which will make it possible in the future to recover from the bank the amounts not collected from the debtor as damages in favor of the claimant.

Decision on the case:

The arbitration court of first instance agreed with our arguments and granted the application for the imposition of a judicial fine on the following grounds.

Article 318 of the Arbitration Procedure Code Russian Federation sets general rule that judicial acts of arbitration courts are enforced after they enter into legal force.

From this moment on, they become binding for state authorities, local governments, other bodies, organizations, officials and citizens and are subject to execution throughout the Russian Federation (Part 1 of Article 16 of the Arbitration Procedural Code of the Russian Federation).

Forced execution of a judicial act is carried out on the basis of a writ of execution issued by an arbitration court, unless otherwise provided by the Code (Part 2 of Article 318 of the Arbitration Procedural Code of the Russian Federation).

According to clause 1 of Article 332 of the Arbitration Procedure Code of the Russian Federation, for failure to comply with a judicial act of an arbitration court by state authorities, local government bodies, other bodies, organizations, officials and citizens, the arbitration court may impose a court fine according to the rules of Chapter 11 of this Code in the amount established by the federal by law.

According to clause 5 of Article 70 of the Federal Law “On Enforcement Proceedings”, a bank or other credit organization servicing the debtor’s accounts immediately fulfills the requirements contained in the writ of execution or the order of the bailiff for the collection of funds, about which within three days from the date their execution informs the claimant or bailiff.

A bank or other credit organization may fail to execute a writ of execution in full in accordance with clause 8 of Article 70 of the Federal Law “On Enforcement Proceedings” if there are no funds in the debtor’s accounts or if the funds in these accounts are seized or when in accordance with the procedure established by law, transactions with funds have been suspended.

In this case, the circumstances listed in the specified norm were not present, the bank did not provide confirmation of the lack of funds in the debtor’s accounts or evidence of the seizure or suspension of transactions on the debtor’s accounts, therefore, the bank could not fail to comply with the specified decision of the arbitration court.

In addition, the bank in this case could complete the execution of the writ of execution without fulfilling the demands for recovery contained in the writ of execution sum of money only by order of the bailiff, since the law does not grant the bank such a right.

Thus, according to clause 10 of Article 70 of the Federal Law “On Enforcement Proceedings,” a bank or other credit organization completes the execution of the enforcement document: after transferring funds in full; at the request of the claimant; by order of the bailiff on termination (completion/cancellation) of execution.

Since the bailiff did not issue a resolution to terminate (complete, cancel) the execution, in this case the bank did not have the authority to fail to fulfill the requirements contained in the writ of execution and return the writ of execution to the recoverer without execution, and therefore there are grounds for imposition of a judicial fine on the basis provided for in paragraph 1 of Article 332 of the Arbitration Procedure Code of the Russian Federation.

The bank’s reference to the provisions of Article 96 of the Federal Law “On Enforcement Proceedings”, according to which, upon receipt of a copy of the arbitration court decision declaring the debtor bankrupt and opening bankruptcy proceedings (as well as when the debtor is in the process of liquidation), the bailiff ends the enforcement proceedings - in in this case is unlawful, since this norm provides for the powers of the bailiff at the end of enforcement proceedings.

In this case, firstly, the bank does not have the status of a bailiff, and secondly, enforcement proceedings were not initiated, therefore, they cannot be completed.

Execution by the bank in accordance with Article 8 of the Federal Law “On Enforcement Proceedings” of the requirements contained in the executive document for the recovery of funds received from the claimant is not, within the meaning of the law, enforcement proceedings, since enforcement proceedings can be initiated, as well as completed, only by a bailiff performer.

The bank’s reference to the fact that the debtor is in the process of liquidation and the order of repayment of creditors’ claims established by Article 64 of the Civil Code of the Russian Federation in this case are also not justified due to the following.

According to clause 5 of Article 63 of the Civil Code of the Russian Federation, payment of sums of money to creditors of a liquidated legal entity is made by the liquidation commission in the order of priority established by Article 64 of this Code, in accordance with the interim liquidation balance sheet from the date of its approval.

This rule establishes the procedure (priority) for the payment of sums of money to creditors, which the liquidation commission or the liquidator of the debtor must follow when paying sums of money to creditors within the framework of its liquidation only after approval of the interim liquidation balance sheet.

This provision does not limit the bank in its execution in accordance with Art. 8 of the Federal Law “On Enforcement Proceedings” received from the claimant of the enforcement document 4 until the founders of the debtor approve the interim liquidation balance sheet in accordance with paragraph 2 of Article 63 of the Civil Code of the Russian Federation.

In this case, the bank did not have information about the approval by the founder of the debtor of the interim liquidation balance sheet, since its approval implies, in accordance with the provisions (Article 20) of the Federal Law “On state registration legal entities And individual entrepreneurs» notice to the registrant tax authority on its preparation and making the corresponding registration entry in the Unified State Register of Legal Entities.

At the time of termination of execution on the writ of execution received from the claimant, as well as to this day, no such entry was made in the Unified State Register of Legal Entities in relation to the debtor, which indicates that the interim liquidation balance sheet was not approved by the founder of the debtor, and, therefore, established by Art. 64 of the Civil Code of the Russian Federation, the order of satisfaction of creditors’ claims cannot be applied.

Thus, by fulfilling by the bank the demands for recovery of a sum of money from the debtor contained in the writ of execution received from the collector, the bank could not violate the rights of creditors.

Taking into account the above, PJSC BANK SBERBANK OF RUSSIA had no legal grounds for failure to fulfill the demands contained in the writ of execution to collect a sum of money from the debtor, and therefore, a court fine should be imposed on it for failure to comply with the judicial act of the arbitration court.

✎ Read the full text of the court decision in .pdf format

With this decision PJSC Sberbank disagreed

And she filed an appeal, in which she asked that the ruling of the arbitration court of first instance on the imposition of a court fine be canceled and that a new judicial act be adopted in the case, refusing to impose a fine.

To substantiate its position, Sberbank PJSC indicated that within the established period the claims from the collector were not submitted to the liquidation commission of the debtor.

Part 4 of Article 63 of the Civil Code of the Russian Federation provides that the payment of sums of money to creditors of a liquidated legal entity is made by the liquidation commission in the order of priority established by Art. 64 of the Civil Code of the Russian Federation, in accordance with the interim liquidation balance sheet from the date of its approval.

The interim liquidation balance sheet is drawn up after the deadline for submitting claims by creditors. This period, according to Part 1 of Art. 63 of the Civil Code of the Russian Federation, cannot be less than two months from the date of publication of liquidation.

Clause 1 of Art. 64.1 of the Civil Code of the Russian Federation provides that if the liquidation commission refuses to satisfy the creditor’s claim or evades its consideration, the creditor, before the liquidation balance sheet of the legal entity is approved, has the right to file a claim in court to satisfy his claim against the legal entity being liquidated.

If the court satisfies the creditor's claim, payment of the amount of money awarded to him is made in the order of priority established by Art. 64 of this Code.

There was no information provided that the requirements of the writ of execution relate to current payments; accordingly, the bank had no grounds for fulfilling the requirements contained in the writ of execution.

What did the appeal court decide?

The appellate court found no reason to re-evaluate the conclusions of the trial court, which, imposing a fine, proceeded from the fact that there is no information about the actual progress of the liquidation process of the defendant, who in his response referred to the publication about the beginning of the liquidation procedure, as well as about the plaintiff’s obligation to present a claim until a certain date.

At the time of termination of execution on the writ of execution received from the claimant, as well as to this day, an entry in the Unified State Register of Legal Entities in relation to the debtor regarding the approval by the debtor’s founder of the interim liquidation balance sheet has not been made.

There is no information about the approval by the debtor's founder of the interim liquidation balance sheet; the defendant, being a party to the dispute in this case, did not provide it in the case materials, just as he did not provide evidence of including the debt to the plaintiff in the balance sheet in fulfillment of the obligation to identify creditors.

When asked by the court about the actual movement of funds in the defendant’s account after the publication of the start of the liquidation procedure, the bank representative was unable to provide any explanation.

According to clause 6.18.2 of the “Procedure for opening and closing accounts of legal entities by Sberbank of Russia and its branches” dated September 23, 2008 N 1606-, the liquidation commission, to which all powers to manage the affairs of the legal entity are transferred, is sent to the bank in which the accounts of the liquidated entity are located. persons, an application to stop writing off funds from accounts without the consent of the liquidation commission.

Based on this application, incoming writs of execution and other documents for debiting funds from the account are returned to the sender in a letter in which the bank informs about the impossibility of fulfilling the requirements due to the liquidation of the legal entity and the need to forward the creditors' claims to the liquidation commission.

However, neither the bank nor the defendant provided evidence of sending an application to the bank to stop writing off funds from the accounts without the consent of the liquidation commission.

Under such factual circumstances, we can conclude that a situation has been created aimed at evading execution of the executive document.

✎ Read the full text of the appeal decision in .pdf format

Sberbank did not agree with this either

And he filed a cassation appeal.

The cassation court also did not find any grounds for canceling the appealed judicial acts and indicated the following.

In accordance with Part 1 of Article 332 of the Arbitration Procedure Code of the Russian Federation, for failure to comply with a judicial act of an arbitration court by state authorities, local government bodies, other bodies, organizations, officials and citizens, the arbitration court may impose a court fine according to the rules of Chapter 11 of the Arbitration Procedural Code of the Russian Federation in the amount established by federal law.

The procedural liability established in this norm can be applied to any person who, in one way or another, finds itself within the scope of the judicial act of the arbitration court due to its generally binding nature, in particular, to persons who, by virtue of the operative part of the judicial act of the arbitration court, are debtors.

According to paragraph 5 of Art. 70 of the Law on Enforcement Proceedings, a bank or other credit organization servicing the debtor’s accounts immediately fulfills the demands for collection of funds contained in the writ of execution or the order of the bailiff, about which it informs the recoverer or bailiff within three days from the date of their execution. performer.

The courts correctly stated that in this case, those listed in paragraph 8 of Art. 70 of the Law on Enforcement Proceedings there were no circumstances for non-execution of the writ of execution, the bank did not provide confirmation of the lack of funds in the debtor’s accounts, or evidence of the seizure or suspension of transactions on the debtor’s accounts, therefore, the bank could not fail to comply with the specified decision of the arbitration court.

In addition, the bank in this case could complete the execution of the writ of execution without fulfilling the demands contained in the writ of execution for the collection of a sum of money only by order of the bailiff, since the law did not grant the bank such a right.

References in the complaint that the debtor is in the process of liquidation, and to the established Art. 64 of the Civil Code of the Russian Federation, the order of repayment of creditors' claims was also considered by the courts, received a legal assessment and was rightfully rejected taking into account the provisions of Articles 63, 64 of the Civil Code of the Russian Federation, Article 8 of the Law on Enforcement Proceedings, Federal Law No. 129-FZ of 08.08.2001 “On State Registration legal entities and individual entrepreneurs."

The courts correctly stated that at the time of termination of execution on the writ of execution received from the claimant, as well as to this day, such an entry in the Unified State Register of Legal Entities in relation to the debtor was not made, which indicates that the interim liquidation balance sheet was not approved by the founder of the debtor, but, therefore, established by Art. 64 of the Civil Code of the Russian Federation, the order of satisfaction of creditors’ claims cannot be applied.

They gave the used document to the bank.

Krasnodar

Sincerely, Amshukov Aslan

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  1. to the service bailiffs;

  1. send it to the FSSP.

How to get money from a writ of execution

The question often arises: “How do you actually get real money after a court decision?” To do this, you will have to go through several more procedures, but they will be the most pleasant - after all, the result is already very close!

So, after the court decision to recover funds from the insurance company comes into force, you need to obtain a writ of execution from the court. Then you can contact the bailiffs serving the legal address of the UK. They will carry out the necessary procedural steps and eventually transfer the amount due to your account. Typically this procedure takes several months. Therefore, the easiest way, after receiving the sheet, is to contact directly the bank servicing the current account of the insurance company. It happens that it is not easy to establish such a bank - insurance companies, especially those having difficulties with payments, often change banks and hide them from creditors by all means. But this is already a question with a detective method of solution.
If the bank is known, then you just need to contact such a bank with a statement of collection, attaching to it the original writ of execution and indicating the details of the collector for the transfer of funds. Note! Some banks withhold a certain percentage when cashing out amounts credited to your account, in particular - Sberbank of the Russian Federation. This matter is solely within the control of YOUR relationship with YOUR bank. It is impossible to make any claims against the bank - the sender of the funds, and even more so - against the insurance company - the debtor - carefully study the agreement of your bank account!

The bank is obliged to immediately (in practice - within 2-3 banking days, sometimes even faster) either transfer the money or return the IL with a note that there is no money in the debtor’s accounts.

Sample application form:

IN "SO_TO" BANK
from ___________________________________,
residing at: _______________________________

Statement.

In accordance with Article 8 of the Federal Law “On Enforcement Proceedings,” I ask you to take steps to collect funds from the debtor organization.

Claimant:
Full name, citizenship of the Russian Federation, date of birth, passport _____ No. _________, issued by _____________________, registered at __________________________, phone number ________________

Application:
1.Writ of execution No. ____________ dated ____________ in civil case No. ____________
2. Details for transferring funds
3. Power of attorney (if the application is submitted by an authorized person)

Claimant
"__" ________ 201_

Does Sberbank really check the application lists or has it simply unsubscribed?

____________________ /________________/

================================================================
In connection with the entry into force new edition According to the Law “On Enforcement Proceedings”, banks take a very strict approach to the content of the application - it must contain the information provided for by this law.
If the Writ of Execution is submitted to the bank by a representative (trustee), then all information required in the application for the claimant (citizenship, passport data) is also MANDATORY for the representative (trustee).

Check the compliance of your documents (writ of execution, application) with the requirements of the Law on Enforcement Proceedings.

Many insurance companies have accounts with the Savings Bank of the Russian Federation or its structural divisions (territorial banks of the Savings Bank of the Russian Federation). Writs of execution against debtors who have accounts in ANY structural unit of the Security Council of the Russian Federation are executed in the general manner by Sberbank of the Russian Federation itself.

Sheets that are delivered (sent) to Sberbank of the Russian Federation in Moscow are delivered (sent) to the address - Moscow, 2nd Yuzhnoportovy pr-d, 12a, building 1, building 13, Sberbank of Russia, reference phone 8-800-1008490 . This is not a bank branch, but an office building of the Security Service of the Russian Federation, a secretary sits downstairs to receive documents - he puts stamps on what he accepted, he himself does not look at or check anything. Sheets are usually completed within 2-5 days. If no money has been received, inquire about the fate of the sheet - either the organization does not have money in its account, or the sheet contains errors.

Execution List to Sberbank sample Application

I had an unpleasant story with Sberbank, I am a combat veteran and upon presentation of a veteran’s ID, EDVs are sent to my “Social” account opened in Sberbank. About 2 years ago, on the basis of a decree of the bailiffs, where only this one account was indicated to be seized, this account was seized and funds from the EDV were repeatedly written off from it, which was a gross violation of the Federal Law “On Enforcement Proceedings”.

Subsequently, it so happened that the expiration date of the card and the date of receiving information that money was illegally debited from my account coincided, and I opened a new account with new card at the bank in order to further receive EDV on the card. After 1 month, I find out that I cannot use this account either and it was arrested by Sberbank employees at their own discretion without a resolution from the bailiff, since in his old resolution he indicated only 1 old account.

In response to my speeches that these actions were illegal, the bank employees did not give me any information, and only after 4 months I was able to remove the seizure from the social account.

  1. Does Sberbank have competent lawyers who monitor the legality of the execution of such writs of execution?
  2. How should bankers act if the debtor has a bank account that is not subject to seizure and, as far as I know, when funds arrive at the bank, it is clear where these funds come from and which ones go to the individual’s account? Should they somehow inform the bailiff about this fact? If so, please tell me the legal acts.
  3. Which Sberbank employee will be held responsible for illegally seizing the account without a bailiff's order?

How many days does Sberbank execute the writ of execution?

How to collect money from a bank

For example, it was possible to take a writ of execution to collect money from Sberbank to the local branch of Sberbank. The next day the collected money arrived in the account. And Baltinvestbank, for example, paid without any writ of execution at all: they simply called immediately after the court decision came into force and asked for payment details. You can clarify the possibility of voluntary execution of a decision, for example, from a bank lawyer who is present at court hearings.

Option 2. Execute the decision through the Bank of Russia RCC. How to find out which Bank of Russia RCC you should contact?

How many days does Sberbank execute the writ of execution?

They gave the used document to the bank.

sheet, decision and statement. When will the defendant be debited to my account?

We present the writ of execution to the bank

What to do? Where should i write? How to write? (I just urgently need money)

Krasnodar

Part 2 of Article 8 of the law states

Simultaneously with the writ of execution, the claimant submits to the bank or other credit organization an application indicating:

1) details of the recoverer’s bank account to which the collected funds should be transferred;

3) name, an identification number taxpayer or foreign organization code, state registration number, place of state registration and legal address of the claimant - a legal entity.

Therefore, if we talk about what you handed over to them directly for execution, then they really have 7 days at their disposal, but no more, to check your documents. There is no way you can go against the legislator here.

I hope my answer was useful to you.

Sincerely, Amshukov Aslan

It's easier to ask a lawyer!

Ask our lawyers a question - it’s much faster than looking for a solution.

If the debtor does not intend to pay, then the bailiff will be forced to take the following actions:

By law, the executor is given a period of 2 months to fulfill the claimant’s demand, but in real life everything turns out far from the way it is prescribed in the regulations. The bailiff can be extremely busy, he has a huge number of productions, he works 12-14 hours a day and still does not have time.

Deadlines for execution by the bank of the writ of execution

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Submission of a writ of execution to the debtor's bank

  1. directly to the defaulter's bank to claim the debt directly from his current account.
  2. to the bailiff service;

The recipient of the IL has the right to use one of the specified procedures for forced collection. At the same time, he should not submit documents first to the bailiffs, and then to the bank, or vice versa. The only requirement is the presentation of a writ of execution within the period established by law: three years from the date of issuance of the IL.

After this period, neither the bank nor the bailiffs will accept IL for forced collection. This ensures the protection of the debtor’s rights, which may be violated due to excessive collection (for example, both the bank and the bailiffs will collect the amount specified in the IL).

Registration date: 05/11/2010 We called Sberbank and clarified which division to submit the sheet to.

I already called there, they don’t know anything. Before submitting in another region, check the branch’s BIC if it is the same. like the central bank, you can try through it.

Registration date: 04/30/2008 That is, if the BIC of the debtor’s branch coincides with the BIC on the street.

Vavilova? Yes. There is only one Sberbank, but it has many branches. Even if the account is opened in the wrong branch, they are obliged to transfer it to the branch in which the account was opened and maintained.

Time limits for collection under a writ of execution by bailiffs

The court signs a writ of execution, which is transferred to the bailiff department to begin proceedings.

This is a document that is issued on the basis decisions made or other acts subject to timely implementation. If there are several plaintiffs in the case, then each of them is given a document according to which they have the right to demand execution of the court order. The plaintiff has the right to act in two scenarios:

  1. send it to the FSSP.
  2. collect the debt from the defendant on your own;

The deadline for filing a writ of execution to implement the requirements is three years.

Good afternoon.
Let's talk about the good stuff first. Today I presented a writ of execution to the debtor’s bank (Sberbank) for execution. At the same time, I was in a regular department near my office (Myasnitskaya 54). The head of the branch (V-na) approached the execution of the transaction, which was unusual for a bank, with all responsibility - she clarified everything, accepted the documents (execution sheet and application), and signed the copy. At the same time, judging by the inscription of the head. The department will send the documents to the "South Port", which is also logical.
And the department itself was quite cozy and bright. There are no complaints in this part, and Sberbank has truly acted as a model of customer focus.

Now about something more businesslike. I think Sberbank knows about all of the following
Regulations of the Central Bank of the Russian Federation dated April 10, 2006 N 285-P “On the procedure for the acceptance and execution by credit institutions and divisions of the Bank of Russia settlement network of executive documents presented by creditors”

2.3. Execution of a collection order drawn up on the basis of an executive document is carried out by the bank in the manner established regulations Bank of Russia, regulating the implementation of non-cash payments, no later than 3 days after the bank accepts the executive document.

Article 17.14 of the Administrative Code. Violation of legislation on enforcement proceedings:
2. Failure by a bank or other credit organization to comply with the requirement contained in the executive document to collect funds from the debtor - entails the imposition of an administrative fine on the bank or other credit organization in the amount of half of the amount of money to be collected from the debtor, but not more than one million rubles.

Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ Article 114. The procedure for holding a bank or other credit organization liable for failure to execute an enforcement document:
1. In case of non-fulfillment within the time established hereby Federal law the term of the writ of execution containing demands for the collection of funds from the debtor, a bank or other credit organization servicing the debtor's accounts, if there are funds in these accounts, the bailiff draws up a protocol on an administrative offense in the manner established by Article 28.2 of the Code of the Russian Federation on administrative offenses. A copy of the protocol is handed over to a representative of the bank or other credit institution.
2. After drawing up the protocol, the bailiff sends to the arbitration court at the location of the bank or other credit organization an application signed by him and certified by the seal (stamp) of the bailiff department to bring the bank or other credit organization to administrative liability.