Enforcement proceedings are the final stage of the trial. This stage is present when considering both civil disputes and criminal cases.
Normative base
FZ-229 "On Enforcement Proceedings" regulates the procedure and conditions in accordance with which the decisions of judicial and other bodies and their officials are implemented, having the authority to entrust organizations, citizens, Russia and its regions with obligations to provide other entities or transfer to relevant budget funds of cash and other property. The regulatory act establishes the rules for the appointment of certain actions in favor of these persons or to abstain from them. Consider some of the provisions of FZ-229 "On Enforcement Proceedings" (with comments).
Tasks and principles
In FZ-229 "On Enforcement Proceedings" (as amended), the goals of the authorized structures are established. Their tasks include ensuring the correct and timely execution of acts of judicial and other instances, as well as officials, and, in the cases provided for by the norms, other documents to protect violated freedoms, interests and rights of organizations and citizens. In FZ-229 "On Enforcement Proceedings" the principles are established on which the work of the competent authorities is based:
- Legality.
- Timely implementation of appropriate actions and enforcement measures.
- Ensuring respect for the dignity and honor of citizens.
- Inviolability of the minimum property that is necessary for the existence of the debtor and its relatives.
- Correlation of volume of requirements and enforcement measures.
Authorized Structures
In accordance with Federal Law-229 "On Enforcement Proceedings" (as amended), questions about the enforcement of acts of judicial and other instances, as well as officials, fall within the competence of the FSSP. Direct exercise of authority rests with the bailiffs of the structural units of the service. The activities of officials are regulated by FZ-229, as well as the regulatory act governing the work of the FSSP, and other legal documents.
Mandatory Requirements
Law of the Russian Federation 229- "On Enforcement Proceedings" establishes that the instructions issued by bailiffs apply to all state and local authorities, organizations and the population. The decisions are subject to rigorous implementation throughout Russia. If the legal requirements of the FSSP employees are not complied with, they are entitled to apply the measures established by the regulatory act in question. Violators or persons evading the exercise of the duties imputed to them shall be held liable.
Liable entities
FZ-229 “On Enforcement Proceedings” defines the circle of persons who must implement decisions issued by the FSSP. These, in particular, include bodies, organizations, including state and local structures, banking and credit institutions, officials, and citizens. Fulfillment of the requirements of bailiffs by physical, legal entities, local and federal institutions of power is carried out on the basis of executive documents.
The procedure for implementing decisions by banking and credit institutions
It is set in Art. 8 FZ-229 "On Enforcement Proceedings". Documents on the basis of which a banking or other credit institution will implement the requirements can be sent directly by the exactor. Together with these papers, the entity submits a statement. In accordance with Federal Law-229 "On Enforcement Proceedings", it must include:
- Details of the account of the collector. The debtor will transfer funds to it.
- Name, citizenship, details of the document that certifies the identity of the subject, his place of residence / residence, TIN (if any), information of the migration card, as well as a document that confirms the right to be in Russia. If the requester is a legal entity, its name, TIN or foreign organization code, number and place of state registration, legal address is indicated.
The applicant's representative must submit a document confirming his credentials. If the writ of execution was sent to a bank or other credit institution after revoking its license, the paper is returned to the sender.
Features of collection of periodic payments
A writ of execution in the amount of less than 25 thousand rubles. may be directed to the enterprise or to the person who pays the pensioner, salary, scholarship or other funds directly to the collector. Together with this document, the interested party presents a statement. It, in accordance with the Federal Law of the Russian Federation-229 "On Enforcement Proceedings", indicates:
- Details of the bank account to which the withheld funds will be transferred, or the address to which they should be transferred.
- Full name, information about the identity document of the claimant-citizen, or name, TIN / code of a foreign organization, state registration number and place, location address (for legal entities).
IL requirements
In the writ of execution, in addition to the bailiff’s decision, a court order, and also an agreement on the payment of alimony, certified by a notary, must be present:
- Name and address of the court or other authority issuing the IL, last name and initials of the authorized employee.
- Name and numbers of materials or files in accordance with which an executive document was issued.
- Date of the court ruling or act of another body / official.
- The calendar date of entry into force of the base document or an indication of its immediate execution.
- Data on the claimant and debtor.
- The operative part of a court order or other body / employee. It should contain requirements indicating that the debtor is obligated to transfer money to the collector or other property, to perform certain actions in favor of the latter or to abstain from them.
- Date of issue of IL.
Nuances
In case of granting a delay or installment plan for the fulfillment of requirements prior to issuing the IL, the document shall indicate the date from which the deadline for their fulfillment begins to flow. An act obtained on the basis of a court order or being it shall be certified by the signature of the judge and the official seal. IL issued in accordance with a document of another body is certified by the signature of the authorized person of this instance and its seal. The content of the notarial agreement on the payment of alimony, as well as the court order, is determined by federal law. These documents are signed by those persons by whom they were accepted or certified, and also certified by a seal.
Art. 50 FZ-229 "On Enforcement Proceedings"
This norm establishes the obligations and rights of participants in a relationship. Parties to production are allowed:
- Get acquainted with the case materials.
- To make statements, make copies of documents.
- Submit additional papers and information.
- To make applications.
- Take part in executive actions.
- Give written and oral explanations, give arguments on issues arising during the procedural procedures.
- To object to the requests of others.
- Appeal against decisions of the bailiff, challenge.
This list is not considered exhaustive. Regulatory acts may provide for other rights of subjects. Parties to production may conclude a settlement agreement before the end of production. The participants in the relationship bear the obligations established by the considered and other regulatory acts.
Art. 101 229- "On Enforcement Proceedings"
The normative act determines the list of income that cannot be levied. Article 101 FZ-229 "On Enforcement Proceedings" indicates the following types of them:
- Amounts received as compensation for harm to health.
- Funds paid to compensate for the death of the breadwinner.
- Amounts provided to citizens who received injuries (shell shocks, injuries, injuries) in the process of fulfilling their official duties, as well as to their relatives in case of death of these persons.
- Compensation from budgetary funds to entities affected by industrial or radiation disasters.
- Benefits paid to citizens for caring for disabled people.
- Annual / monthly sums of money accrued in accordance with regulatory enactments to citizens of certain categories. These, in particular, include compensation for the cost of drugs, travel and so on.
- Amounts paid as alimony for the maintenance of minors for the period of the search for their parents.
- Compensation deductions provided for in labor law. These include payments related to a business trip, reception, transfer, job placement in another locality, depreciation of tools owned by an employee, as well as amounts provided by the company in case of a child’s birth, death of relatives, marriage registration.
- Insurance payments under OSS, except for old-age pensions, disabilities and temporary disability benefits.
- Family (maternal) capital funds provided for in Federal Law No. 256.
- Pensions paid in connection with the loss of the breadwinner, and additional amounts to them.
- Benefits for people with children provided at the expense of federal, local and regional budget funds, extrabudgetary state funds.
- Amounts of material (one-time) support in connection with natural disasters or other emergency circumstances, a terrorist act, the death of a relative in the form of humanitarian aid, as well as for assisting in the detection, suppression, prevention and disclosure of crimes.
- Partial or full compensation of the cost of vouchers, except for tourist vouchers provided to the employee or his relatives, including children under 16 years of age, disabled people who are not on the staff of this enterprise, to health-improving and sanatorium-and-spa institutions located in Russia.
- Amounts of reimbursement of travel to the place of passage of rehabilitation or treatment and back, accompanying persons, including, if provided for by federal regulatory acts.
- Social payments for burial.
A special rule is established in respect of maintenance obligations for minor citizens, as well as compensation for harm resulting from the death of a breadwinner. Restrictions on foreclosure on the indicated amounts provided for in paragraphs 1 and 4 of Part 1 of Article 101 of the federal law under consideration shall not apply.