According to the RF Arbitration Procedure Code of the Russian Federation, a writ of execution is a document issued by an arbitration court on the basis of a decision made by it for further presentation of a document for execution. The legislation defines the procedure for its receipt, as well as cases of refusal to issue the specified sheet.
Issuance Procedure
The procedure for issuing a writ of execution under the agribusiness of the Russian Federation is defined in Article 319 of the Code. According to the norms of the arbitration law, the issuance of the sheet takes place on the basis of the application submitted by the plaintiff after the entry into force of the decision of the authority.
The issuance of a writ of execution under the agribusiness of the Russian Federation may be carried out by one of the courts.
- Arbitration Regional Court.
- Court of appeal.
- Arbitration at the cassation instance level.
- The Supreme Court of the Russian Federation.
The issuance of a writ of execution for the agro-industrial complex comes from the arbitration court in the first instance. If the case is pending in higher instances, the applicant has the right to collect certified copies of all documents and decisions of all organizations necessary for the case, and then apply for an executive document.
The “early” issuance by the court of a writ of execution under the agro-industrial complex allows it to be submitted without delay to court bailiffs for execution. This significantly reduces the time during which the debtor can commit unlawful actions with his property or finances. The debtor may hide property, which is often enforced, or withhold income in order to impede the execution of a court decision.
A writ of execution on the AIC can be sent to the plaintiff in several ways.
- Hand out to the claimant.
- Forwarded to the place of execution by the court if there is a similar petition from the claimant.
- Forwarded to the claimant by mail.
- The court for execution in the form of an electronic format document with the signature of a judge, reinforced by an electronic qualified signature.
- The court to the tax service (if money in the case was recovered to the budget).
If the highest instance considered the case of recovering compensation payments for violation of civil right to conduct proceedings within a reasonable time, or the case of violation of the right to execute a judge’s act, then even without an application for issuance, a writ of execution on the agro-industrial complex is sent to the collector within five days.
Cases of issuing multiple sheets for execution
On the basis of one decision made by the arbitral tribunal, one writ of execution is issued. The agro-industrial complex determines some exceptional cases when, as a result of consideration of one case, the court issues several writ of execution.
If the plaintiff claims several defendants or the execution of the judgment must take place in different places, then for each of them the court issues a separate sheet. Each document contains comprehensive information about the debtor and the place where the performance action was performed.
The content of the application for the issuance of an executive document
An application for an executive document must contain the following information:
- correct name and postal details of the judicial authority;
- last name, first name and patronymic of the plaintiff, as well as his place of registration and place of residence;
- last name, first name and patronymic of the defendant, as well as his contact information;
- statement of circumstances and the date of the decision;
- regulatory framework confirming the rights of the plaintiff to obtain a writ of execution;
- a petitioning part indicating the defendant in respect of which it is necessary to obtain the requested document;
- an annex indicating all documents attached to the application;
- date of the application and signature of the plaintiff.
The application is drawn up in any form, but all the information listed must be present in it.
Executive Document Content
To execute the court decision, regardless of which court made it, a single, to be issued, sample of the writ of execution for the agro-industrial complex was developed. Article 320 of the Arbitration Procedure Code defines the necessary information that is necessary for the accurate and timely execution of a court decision.
Each executive document is printed on a special form and is protected by special signs (watermarks).
It contains the following information:
- The full name and location of the court that issued the decision.
- Civil case number and its name.
- If the collector is a legal entity, the full name of the collector and debtor - organizations, the legal address of their location and place of actual location, tax individual number and date of registration as a legal entity shall be indicated.
- If the debtor is an individual or individual entrepreneur, the first name, surname, patronymic, place of registration and actual residence, official employment (if known), place of registration as an individual entrepreneur, tax individual number are indicated.
- The resolutory component of the judgment.
- The moment the court decision comes into force or the requirement to immediately execute the court decision.
- Date of production of the executive document and the timing of its presentation for execution.
- Signature of the judge and official stamp of the court.
Having received the executive document, it is necessary to verify the correctness of all the specified data, including the name of the claimant and the debtor, the amount of the debt or other performance requirement, as well as spelling errors.
The content of the application for the court to send an executive document for execution
Due to the fact that under the agro-industrial complex, a writ of execution can be sent for execution by the arbitration court itself, the legislation also provides for mandatory information that must be indicated in the application for sending the document directly by the court. The need for this arises in a situation where the plaintiff cannot arrive in court to obtain a writ of execution.
The application for the direction of the executive document shall contain the following information:
- correct name and postal details of the judicial authority;
- last name, first name and patronymic of the plaintiff, as well as his place of registration and place of residence;
- last name, first name and patronymic of the defendant, as well as his place of registration and place of residence;
- statement of circumstances and the date of the decision;
- regulatory framework confirming the plaintiff’s right to submit an application for sending the writ of execution directly to the bailiffs or to another authority;
- petitioning part indicating the date and number of the case, as well as the name of the court to which the requested document should be sent;
- an application indicating all documents attached to the application;
- date of the application and signature of the plaintiff.
If the defendant voluntarily executed the court decision on the writ of execution directly to the applicant, without the intervention of the bailiff department or other bodies, the recoverer has the right to submit an application for revocation of the writ of execution to the relevant authority. AIC gives the applicant the right to partially or completely refuse to recover.
Deadline for the court to issue an executive document
The specific deadline for issuing a writ of execution is not specified in the agro-industrial complex. At the same time, the arbitration procedural legislation defines the categories of cases requiring immediate execution of the decision, and the categories of “ordinary” non-urgent cases for which a reasonable time period is provided for by law.
Cases requiring immediate execution include the following categories:
- Determination imposing a court fine.
- The ruling of the court to secure the claim.
- Decision of the arbitral tribunal regarding intellectual property rights.
- Court ruling on contesting acts of a non-normative nature issued by authorities at the state or local levels and others.
- Court ruling on contesting inaction, actions or decisions of authorities at the state or local levels, etc.
In other cases, the deadlines for issuing a writ of execution on the agro-industrial complex are determined on the basis of the time when the decision made by the court enters into legal force, as well as on the basis of the readiness of these documents (taking into account the time period required for its production).
With regard to nonresident and visiting citizens, the rule of issuing documents is valid day to day, if all documents are ready for issuance.
If the claimant did not pick up the execution document on the established day, the clerk will send it in the registered letter with a receipt confirmation.
Sheet Issue Procedure
Upon the expiration of the period established by law, a writ of execution on the agro-industrial complex is issued to the applicant in compliance with a certain procedure for its receipt.
If the applicant came for the writ of execution personally, he is given a copy of the sheet for painting in receipt of the original. Also, the applicant must sign in the appropriate journal.
To receive the sheet, the collector must present a passport or other identity document. If the sheet is received by the representative of the claimant, he also presents a power of attorney.
A specialist in the clerical department keeps track of the readiness and issuance of executive documents under the control of the clerk of the clerical department.
Issuance of a sheet by decision of an arbitrator
Arbitration procedural law obliges the arbitral tribunal to issue enforcement documents not only by decisions made by its judges, but also by decisions of arbitrators and commercial international arbitrations for their further enforcement on Russian territory. This obligation is enshrined in Article 236 of the Code.
An application for an enforcement document on the enforcement of the decision of the arbitrators shall be sent to the arbitration court located in the subject of the Russian Federation in which the debtor is located or resides, and his property is located, which is the subject of arbitration.
If the parties agree, the application for an enforcement document on the enforcement of the decision of the arbitrators shall be sent to the arbitration court located in the constituent entity of the Russian Federation in which the recoverer resides, or to the arbitration court located in the constituent entity of the Russian Federation in which the arbitration decision was made.
The arbitral tribunal considering the application for an executive document on the enforcement of the decision of the arbitrators shall issue a court ruling.
The court ruling contains the following information:
- data on the arbitrators of the court;
- the name and location of the arbitration institution operating on an ongoing basis, which was authorized by the arbitral tribunal (if such an institution exists);
- data on the parties to the arbitration dispute;
- data on the decision made by the arbitral tribunal and the issuance of an executive document, which will be submitted for enforcement;
- a decision to issue an enforcement document for enforcement or a refusal to issue it.
Getting a duplicate sheet
If the document presented for execution is lost, the collector has the right to submit an application for the issuance of a duplicate of the writ of execution. The agribusiness determines the right to submit such an application not only to the claimant. It can also be the body on the execution of which the executive document was located (if it was lost through their fault).
According to the AIC, the issuance of a duplicate of the writ of execution is carried out by the same court, which previously issued the lost writ of execution. The application of the claimant or of the other aforementioned body is considered in the lawsuit. At the end of the trial, the court decides whether or not to issue a duplicate.
The issued duplicate of the writ of execution shall be completely identical to the lost sheet. In addition, the stamp "Duplicate" is placed in the upper right corner. Data on the fact that an application for the issuance of a duplicate document has been submitted and satisfied is entered by a specialist in the office department in the data system and in the journal on the movement of writ of execution.
If the issue of issuing a duplicate sheet is decided by the appellate court, which issued the original, it will first request the case under consideration from the lower court with the original of the writ of execution.
If the court has issued a decision on the issuance of a duplicate document, the procedure for its receipt is completely identical to the procedure for obtaining the original. When issuing the document, the specialist of the office department removes a copy from the duplicate and files in the case under consideration.
When re-issuing a duplicate document, the stamp in the upper right corner remains unchanged.
Refusal to issue an executive document
In some cases, the arbitral tribunal may decide to refuse to issue such a document in relation to the decision made by the arbitral tribunal. The following situations are grounds for refusal:
- The defendant will prove that one party to the arbitration at the time of the conclusion of the agreement, which is the subject of the dispute, was not fully capable.
- The agreement between the parties, which is the basis of the arbitration, is considered invalid on legal grounds established by the agreement of the parties or Russian law.
- The defendant was not duly notified of the choice of the judge, the appointment of the arbitration, the date, place and time of the arbitration or had good reasons for his absence, because of which he could not present his arguments.
- The arbitration court ruled on a controversial issue that was not provided for by the arbitration agreement or was not subject to the terms of the agreement.
- The arbitration court made a decision, part of which is beyond the scope of the arbitration agreement. If it is possible to separate issues subordinate and not subordinate to the arbitral tribunal, then in the first category an executive document may be issued for presentation for execution.
- The arbitration procedure or the composition of the court (arbitration) was not carried out in accordance with the agreement of the parties or federal law.
- The Arbitration Court has established that the dispute considered by the arbitrator by federal law cannot relate to the subject of the arbitration dispute.
- The execution of the decision made by the arbitral tribunal contradicts the public procedure established in Russia. If it is possible to divide a decision into parts that are enforceable and not enforceable in Russian public order, then the first part of the decision may be deemed enforceable.
The arbitration law defines an exhaustive list of conditions for obtaining a writ of execution and forwarding it to special authorities, as well as conditions for refusing to receive it.