Enforcement proceedings must be implemented in a timely manner. Federal Law No. 229- "On Enforcement Proceedings" contains all the basic information relating to the courts, officials and other bodies whose tasks include the enforcement of regulations. This article will examine all the most important provisions of the law.
On the tasks of enforcement proceedings
What regulates the Federal Law "On Enforcement Proceedings"? Article 1 speaks of the enforcement procedure for certain judicial acts, decisions of various officials and government bodies. The tasks of enforcement proceedings include, as you might guess, the execution of the relevant acts. This should happen in a legal and timely manner.
The presented normative act is far from the only legal source regulating the process of production of an executive nature. It is also worth highlighting the Constitution of the Russian Federation, the Federal Law "On Bailiffs", individual resolutions of the President of Russia and some other sources. In the area of enforcement proceedings, the principle of priority of international law applies.
Organ system
What authorities exercise enforcement proceedings? According to article 5 of the law in question, this is the FSSP (Federal Service of Bailiffs) and its territorial units. The FSSP is a body that is part of the executive branch. This instance is responsible for ensuring the activities of the Russian courts and the exercise of control and oversight functions for collection services. The FSSP is part of the Russian Ministry of Justice.
The FSSP uses state information systems in order to qualitatively and timely exercise its powers and responsibilities. I must say that the use of modern technology is one of the principles of the body. And what other principles are the basis for enforcement proceedings? According to article 4, these must be the following conditions:
- legality and legitimacy;
- respect for the rights, freedoms, dignity and honor of citizens;
- inviolability of the property minimum of debtors;
- the relevance of enforcement measures of a coercive nature to the requirements of a claimant;
- timeliness of execution of enforcement proceedings on the writ of execution .
What is a writ of execution? According to the law, this is a special type of executive document issued on the basis of decisions and sentences of relevant bodies or officials.
About the database in enforcement proceedings
According to article 6, decisions on the writ of execution of bailiffs, namely their legal requirements, must be binding. If the requirements are not met, then the bailiff takes appropriate measures to bring to justice.
FSSP is engaged in the formation and maintenance of data forms in electronic form. This is necessary for the high-quality implementation of the tasks for the execution of acts of the courts or other bodies. What information in the database is publicly available? Here is what the normative act indicates:
- type of executive documentation;
- date of adoption of the act;
- date of commencement of proceedings;
- name of the person who is the debtor;
- executive type production number;
- amount of outstanding debts;
- requirements contained in the executive documentation;
- data on bailiffs;
- information about the debtor, if the latter is wanted.
The information from the FSSP data bank after processing falls into the Unified State Information System.
On compliance
Articles 7-11 of the normative act under review refer to the procedure for fulfilling certain requirements of the FSSP. Article 7 refers to state and municipal authorities, self-government regional bodies, banks, credit organizations and ordinary citizens. All these persons must comply with the requirements put forward by the FSSP.
Bailiffs can send executive documents to banks and credit organizations in order to recover financial resources. The statement sent by the bailiff must indicate:
- bank details;
- Name and citizenship of the taxpayer, details of his document, TIN, place of residence, migration card details and other information for an individual;
- the code of the foreign organization, the legal address of the person, and the TIN for the legal entity.
After receiving the writ of execution, the requirements of the claimant must be satisfied.
Separate information is indicated for persons trading in securities, paying periodic payments, as well as for foreign citizens or stateless persons, arbitrations, foreign courts, etc.
Executive documents
Article 12 No. 229-FZ describes the main types of executive documentation. Here it is worth highlighting the certificates that are issued to the authorities for the resolution of labor disputes, notarial statements on the payment of alimony, court orders, acts on administrative offenses, decisions of judicial executors, notarial signs, requests from central authorities and other types of certificates.
At the same time, the most common document of the executive bodies remains the writ of execution - documents issued by arbitration courts or courts from the general jurisdiction system. The bailiff on the writ of execution determines the debtors and collects money or certain types of property from them.
Each writ must include:
- name and address of the court issuing the sheet;
- name of the case and related materials;
- date of adoption of the judicial act;
- terms of enforcement proceedings (according to the writ of execution, the terms may be of several types and according to various sources);
- information about the claimants and the debtor.
The executive document must be signed by the judge and certified by the official seal.
On the establishment and completion of timelines in executive proceedings
All terms in the form of paperwork under consideration are established by calendar dates indicated for the upcoming event or for the period during which the action can take place. The terms, in accordance with article 15 of the normative act under consideration, should include only working days. Dates of enforcement proceedings are established by bailiffs. They must not contradict the norms specified in federal law.
If the period is calculated in days, then it is downloaded on the last day specified in the period. If a deadline is set for the commission of an action, then it must not exceed 24 hours of the last day. All sums of money or documents must be transferred no later than one day before the deadline.
About missing deadlines
In case of missing the deadlines for enforcement proceedings on the writ of execution, the offender shall be liable in accordance with the legislation of the Russian Federation. At the same time, skipping the established deadlines in no case exempts the persons involved in the process from fulfilling the relevant requirements. Skipping the deadline for appeal of a court decision entails the return of the complaint to its owner, and therefore it will not be considered.
Article 18 states that missed deadlines can be restored. For this, a corresponding application for the restoration of missed time periods must be submitted. The deadlines for filing the application are also set by the bailiffs. Based on the results of the complaint, the reasons for missing the deadlines are recognized as valid or, conversely, unreasonable. Moreover, the decision to refuse to restore the terms may also be subject to appeal.
On the timing of the provision of executive documents
All execution orders executed by the FSSP and the courts are valid for three years. The missed deadline for enforcement proceedings may also be reinstated. However, the validity period of writ of execution after restoration is reduced to 90 days.
Recovery lawsuits will be valid until all payments are settled. The term of enforcement proceedings on the writ of administrative violation is only two years.
On the suspension of the terms and limitation periods of enforcement proceedings
Article 19 of the normative act under review sets forth two important norms. The first says that the proceedings of all unexpired cases are suspended only by court order. The second norm enshrines the provision according to which the flow of terms resumes also with the start of executive proceedings.
Article 22 refers to a time-out. Perhaps this is the case in the following two situations:
- partial fulfillment by the debtor of the requirements of the writ of execution;
- presentation of additional conditions for the execution of the executive document.
It is worth noting that the period of a break in the remaining time is not counted.
The terms, according to the law, can also be extended. This is necessary in cases where the case is still ongoing, but may soon cease due to the so-called limitation period of enforcement proceedings (expiration of the time period established by law). The decision to renew is still made by the relevant judicial authority and may be appealed.
About the timing of the complaint
According to article 122 of the law under review, inaction or inappropriate actions of bailiffs can be filed with a complaint. The application shall be submitted within ten days from the date the judicial bailiff draws up the relevant resolution.
A person who is not notified of a court order has the right to file a complaint within the same ten days, but from the moment of notification of the court decision. At the same time, officials in the bailiff service have only three days to transfer the complaint to higher authorities.