Art. 203 Code of Civil Procedure of the Russian Federation describes the procedure for considering decisions on installments and the order of enforcement of the judgment. The article does not differ in the volume of regulatory material and intersects with other provisions of the code, which many people submitting such applications forget about.
What is the essence of the provisions of Art. 203 Code of Civil Procedure of the Russian Federation
A court ruling on the recovery of money burdens a person and his budget if he has serious difficulties in his life of a material nature. If not, for example, a permanent job or all income goes to treatment. Total not to list.
The debtor has the right to ask the court to establish a collection procedure that would allow him to solve other problems and not create new difficulties. Other participants in the proceedings also have the right to ask the court to change the way the decision is executed .
Normative base
Art. 203 Code of Civil Procedure of the Russian Federation is associated with other provisions of the law, in particular, describing the procedure for filing a lawsuit, its consideration, appeal of a court decision. Art. 434 describes the application of the provisions of Art. 203.
The RF Armed Forces' PP on first-instance civil proceedings in paragraph 23 provides some clarification.
What good
First, let's talk about the deadlines. The judge's task is to make a decision. Then, based on it, a writ of execution is issued, and with a statement on the opening of the enforcement proceedings is transferred to the FSSP.
The bailiffs after the opening of the proceedings give 7 days for the voluntary execution of the judicial act. The bulk of the debtors are not able to do this, and then coercive measures are taken:
- property is described and seized;
- accounts are seized, funds are debited from them.
Property described and seized shall be transferred to tenders. Using Art. 203 Code of Civil Procedure of the Russian Federation, the debtor will avoid a lot of negative consequences. The execution order is more often affected by recoverers and bailiffs.
Installment or deferral
According to the meaning of the law, bailiffs are obliged to take measures to ensure that the decision is executed as quickly as possible. These two measures limit them, saving the position of the debtor.
An installment plan is an establishment of a schedule within which payments are made in favor of a claimant. The judge has the right to establish the proposed schedule or make adjustments to it.
Deferral - postponement of the execution of a decision for a period agreed upon by the court or until a specific event occurs. For example, a person ended up in a hospital, and cannot work long enough.
The same thing happens in case of loss of work, other circumstances that objectively interfere with the execution of the decision. Art. 203 GIC with comments offers various options that give an idea of the practical application of the article.
Change of order
The way to execute the decision is the way indicated by the court for the execution of the decision, for example, the recovery of funds, the imposition of an obligation to transfer property, to perform other actions until a certain time after the act comes into force.
A good example is consumer claims, they make a choice between paying a cash refund, providing a similar product, or repairing a product at the seller’s expense. It may turn out that the defendant is not able to fulfill the decision by arranging repairs. It remains to appeal to the court.
Judicial practice under Art. 203 Code of Civil Procedure of the Russian Federation is based on solving the issue of whether the request of the plaintiff is a change in the essence of the decision. For example, the bank requested permission to lower its price at the auction due to changes in the market price of the land, because at the previously indicated price, no one wanted to buy it. All courts refused to grant the request, considering it a change of decision. The Armed Forces of the Russian Federation took a different decision and agreed with the lawsuit.
Statement to court
Comments on Art. 203 Code of Civil Procedure of the Russian Federation note that the application is considered in the framework of the lawsuit. The same rules apply to the application for installments or a change in the method and are written:
- name of court;
- designation of the participants in the case (plaintiff, defendant, third parties);
- circumstances of the claim: the previously adopted decision is mentioned, because of which its execution became difficult or completely impossible;
- a request to the court (to defer or allow installment plans by establishing the proposed schedule);
- a request to the court to change the way the decision is executed, for example, by lowering the market price or oblige to provide another property instead of the previously indicated property
- the price of the claim is not indicated, and such applications are not taxed with the state duty according to the direct instruction of the Tax Code;
- Name and signature of the submitter and date of filing;
- list of attached documents (copy of power of attorney, materials of enforcement proceedings, certificates from the tax service, appraiser reports, etc.).
Sample application under Art. 203 Code of Civil Procedure of the Russian Federation is selected based on the needs: changes in the method of execution or postponement. Requirements in no case can be formulated vaguely, the statement should be as clear as possible.
Case review
The application is submitted either by the bailiff, or by the debtor, or by the collector. Documents are accepted through the office, if the suit meets the formal requirements, the proceedings are opened.
The judge sends out summons, if the participants in the process did not appear, the decision is made without their participation.
A private complaint is submitted to the ruling made by a participant who is dissatisfied with the result no later than 15 days after the announcement of the decision or from the day the full decision is made.