Enforcement proceedings - this is the procedure established by law and aimed at the implementation of acts of jurisdictional bodies. It is mandatory. Its main purpose is to ensure the protection of violated rights or interests. In this case, it is necessary to clearly distinguish between enforcement proceedings and the execution of judicial decisions. Since the latter do not always need to be committed, and not for all decisions, a coercive nature of application is necessary. For example, recognition of ownership can be done both through registration with the competent authority, and through the presentation of a document confirming the right. In addition, decisions involving state coercion can be enforced either voluntarily or coercively, but without involving, for example, bailiffs.
Enforcement proceedings are regulated by the Federal Law "On Enforcement Proceedings", the Federal Law "On Bailiffs", as well as other acts that establish the procedure and conditions for the enforcement of enforcement. For example, the Family Code, which defines the procedure for the execution of
judicial decisions on disputes related to parenting and the procedure for paying child support. At the same time, the
execution of the punishment in the form of penalties and court sentences on confiscation of property is determined by the Criminal Executive Code.
The main participants are parties, court, prosecutor, authorities, representatives
parties and other persons who take part in the implementation of law enforcement acts or assist in the enforcement process. The parties to such proceedings are the debtor and the claimant. The latter is the organization or citizen in whose favor the document is issued. A debtor is an entity obligated under an executive contract to take the necessary actions.
It is worth noting that enforcement proceedings cannot begin by itself. This requires a reason and foundation. The last is the entry into force of the judgment. The reason is the filing of an application with the bailiff service with an executive document attached to it. Only with
the presence of these two components, the bailiff begins his work in relation to a specific case.
However, sometimes situations arise that require the suspension of enforcement proceedings. If, until recently, this action could only be carried out by the court, then, according to the new rules, the bailiff also has the right to do so. Moreover, the suspension may concern the entire volume of the case, but may only part. It may also be voluntary or mandatory.
Compulsory suspension of enforcement proceedings takes place upon filing a lawsuit for the release of property from arrest, contesting the results of its assessment and the decision of the bailiff, as well as in other cases provided for by the legislative act. If such proceedings were suspended, then they may be resumed by the ruling of the court in whose jurisdiction the bailiff performs his duties.
The end of enforcement proceedings is possible by the bailiff in those cases when the actual fulfillment of the requirements occurred, as well as during the liquidation of the debtor organization. This action is carried out by the court as a result of the death of the claimant, in the event of the loss of the possibility of performance, as well as in the event that the exactor refuses to receive the thing that was seized from the debtor.