Consolidated enforcement proceedings on the debtor shall be instituted in cases when several cases of recovery of property are opened against the subject. It is also allowed to combine processes in which entities are jointly and severally liable in favor of a single creditor. Consider in detail what constitutes a consolidated enforcement proceedings. Comments on the regulations governing its implementation will also be given below.
general characteristics
Executive production is carried out on the principles of:
- Legality.
- Respect for the dignity and honor of individuals.
- Timeliness of appropriate actions and enforcement measures.
- The inviolability of the minimum amount of property necessary for the normal existence of the debtor and his relatives.
- Correlation of the size of the claims of the creditor and enforcement measures.
The FSSP carries out activities in order to timely and correctly implement acts of state bodies and officials, as well as other documents stipulated by law to protect the interests, freedoms, rights of organizations and individuals, including those arising from international treaties. The legal requirements of bailiffs are mandatory for government structures, citizens, and enterprises. They must be implemented throughout the Russian Federation. When evading the repayment of the established debt, the employee of the FSSP has the right to apply coercive measures.
Mix requirements
229- allows the combination of several cases for the recovery of funds into one. The main purpose of this procedure is to establish the priority of meeting the requirements. This is especially true in situations where the person’s property is not enough to pay off all obligations.
Order of recovery
It is determined by Art. 111 229-FZ . According to the provisions, if the amount recovered from the entity is insufficient to pay off all the obligations present in the IL, it is distributed among the creditors who submitted the documents in the following order:
- Alimony claims, claims related to compensation for harm caused to health arising from the death of a breadwinner caused by a criminal offense. In the first place, moral damage is also compensated.
- Requirements for the provision of severance pay, salaries to citizens who have worked (working) on the basis of an employment contract. Secondly, the amount of remuneration to the authors of products of intellectual activity is also collected.
- Mandatory deductions to extrabudgetary funds and to the budget.
- Other requirements.
Repayment specificity
When distributing the amount of money collected from the subject, the requirements of the next priority are satisfied after previous payments have been made in full. If the debtor does not have enough money for this, the repayment of obligations is carried out in proportion to the amount of deductions due to each creditor on the writ of execution. If the requirements are satisfied with the participation of a bank or other credit institution, the priority for debiting money from accounts is established by Art. 855 GK.
Section 34
It establishes the basic rules for combining several cases. In the norm, in particular, it is determined that several property requirements submitted to one entity, as well as directed at several persons jointly and severally liable, are combined in a consolidated enforcement proceedings . In some cases, documents regarding the obligated person (or several joint ones) are submitted to different units of the territorial bodies of the FSSP. In such situations, consolidated enforcement proceedings are opened in that department, which will be determined by the chief bailiff of the Russian Federation. He exercises control over the conduct of such a case. Article 34 allows the transfer of this power to one of the deputies, the chief bailiff of the region or the senior employee of the territorial division of the FSSP. A similar rule applies to cases opened on entities jointly and severally liable.
Nuances
Documents containing property requirements for the person in respect of whom the summary enforcement proceedings are opened, as well as the recovery processes instituted in other units of the FSSP are transferred to the bailiff, who is responsible for the recovery in the joint case. The obligated subject, creditors, as well as the authority issuing the IL are notified of this. In the framework of summary proceedings, coercive measures are applied and appropriate actions are taken in the territory to which the powers of the bailiff do not extend. In this case, the employee is guided by the provisions of paragraphs 11-13 of 33 of the Law.
Classification
What can be a summary enforcement proceedings? Judicial practice distinguishes between procedures:
- Combining several cases of recovery from one subject. In this case, creditors may also be more than 1.
- Combining several cases opened in respect of joint debtors. In this case, the creditor is one.
- Complicated. They combine the cases included in the consolidated proceedings instituted against one of the entities jointly and severally liable for the benefit of the 1st creditor and opened on the same debtor in favor of several (or one) claimants.
Place of reference
The decision regarding the definition of the unit that will conduct the summary enforcement proceedings is taken by the chief bailiff of the Russian Federation and the region. The grounds for this are information on the conduct of business with respect to one obligated person in various territorial branches of the FSSP. They can be represented in:
- Office memos.
- Appeal.
- The database.
- Acts of state bodies, including judicial ones.
The specified information can be obtained from participants in the production, the authority issuing the IL, employees of the FSSP. The decision is made within ten days from the date of receipt of relevant information.
Petitions
The participants in the proceedings are entitled to send an application for determining the place of business. According to Art. 64.1 of the Law, citizens' applications are considered within ten days from the date of receipt. The calculation of the period is carried out taking into account the provisions of Article 15 Federal Law No. 229. Extension of the term for consideration of the application received according to the rules of Art. 64.1 is not provided.
Decision-making
The place of production is determined by a decision of the authorized person. Based on the results of consideration of the application filed under the rules of Art. 64.1, if there are grounds, the statement of the subject is subject to satisfaction. The corresponding decision is drawn up by resolution. An application may be refused if there are grounds for that. In this case, a resolution is also issued. Any of the decisions made no later than the day that follows the date of adoption shall be sent to the participants in the proceedings.
Additionally
When determining the place of initiation (conduct) of production, the decision related to the assignment of control to the relevant authorized person shall be fixed in the resolution. The process is supervised by the chief bailiff of the region and the senior employee of the structural unit in the territorial body of the FSSP. When performing control functions, Part 6 of the Methodological Recommendations should be guided.