Executive documents in the enforcement proceedings ensure the enforcement of judicial decisions. The current legislation does not have an exhaustive definition of such securities. Norms set their signs and features, rules of submission and some other nuances. Next, we consider in detail what are the executive documents.
general characteristics
Analyzing the norms of the legislation regulating enforcement proceedings, we can give a general definition of the enforcement document. This is a paper ordering to commit or not to perform a certain action. The document is issued by the authorized body in the prescribed manner and is subject to enforcement.
An executive document is an act drawn up in a specific form. Its key feature is the presence of an imperative demand for enforcement.
Important point
It should be noted that the executive document is a paper with an independent procedural value. With the initiation of production, the reasons for its issuance play no role. An executive document is the only and mandatory basis for initiating a procedure for the enforcement of obligations of a debtor.
Kinds
In accordance with Article 12 of the Federal Law No. 229, the executive documents should include:
- The court order.
- The writ of execution (IL) issued by the arbitral tribunal and the court of general jurisdiction on the basis of acts adopted by them.
- Notarized agreement (its copy) on the payment of alimony.
- Certificate issued by the labor dispute committee.
- Acts of control bodies on the recovery of funds from the debtor. Enforcement proceedings are opened if there are extracts from the bank or other credit institution serving the accounts about partial / full non-fulfillment of requirements due to the lack of necessary amounts for the settlement account.
- Executive documents of judicial and other bodies, as well as their administrative employees.
- The decision of the bailiff.
It must be said that this list is not considered closed. An executive document may be an act of other bodies, if this is enshrined in normative legal acts of the federal level. Thus, the Fundamentals of Legislation on Notaries in Ch. XVI provide for the institution of notarial inscriptions made on documents establishing monetary obligations. The collection is carried out according to the rules provided for the execution of court orders.
Exceptions
Decisions on:
- a fine imposed at the place of the offense;
- issuing a warning;
- forfeited seizure of a thing;
- deprivation of special. rights;
- arrest;
- correctional labor.
Content Requirements
They are fixed in the Federal Law No. 229. The executive documents of the court or other body authorized to issue them must contain:
- The name of the structure, F. I. O. of the official who drew up the document.
- The name of the case or materials on the basis of which the IL is issued, their details.
- Dates of the adoption and entry into force of a court order or act of another authorized body.
- Information about the debtor and the claimant. Information about citizens shall indicate their full name, address of residence / stay, year, place of birth, place of work (if known); about organizations - name, legal address; on the subject of the Russian Federation, Moscow region or the Russian Federation - the name and address of the structure authorized on their behalf to bear responsibilities and exercise rights in the framework of enforcement proceedings.
- The operative part of the decision containing the order on the assignment of the corresponding obligation to the debtor.
- Date of issue of the document.
Deviation from the rules
They are allowed in accordance with Art. 13 of the Federal Law No. 229. The provision on the possibility of derogation from the above requirements with respect to the decree of an FSSP employee, a court order, as well as an agreement on the payment of alimony, certified by a notary, is provided for in the norm.
In some cases, additional information may be included in the act. For example, the executive document on the collection of funds may contain an indication of the date from which the implementation of claims begins. This is possible if, prior to its issuance, the debtor was granted a deferral / installment plan for paying off the debt.
Submission of executive documents
IL is sent to the FSSP directly by the collector or his representative, endowed with the appropriate authority, unless otherwise provided by law. A statement must be attached to the executive document. However, an exception is provided for from this rule.
Without an application, proceedings may be instituted aimed at the execution of the bailiff's decision on the recovery of expenses incurred in connection with the execution of executive actions, fees and fines imputed to the employee in the manner prescribed by the rules.
The application may contain a request for interim measures. For example, a recoverer may ask to seize the debtor's property, establish restrictions provided for by Federal Law No. 229.
Execution deadlines
They can be typical and individual. The former are enshrined in law. Individual terms are determined either in the document itself or in the act on the basis of which it was issued.
According to general rules, IL issued on the basis of court orders can be presented for execution within three years. Calculation begins from the date of entry into force of the act.
IL containing requirements for the return of a child illegally detained or moved to the Russian Federation may be presented for execution within a year. Calculation is also carried out from the date the court decision comes into force.
IL on collection of periodic payments can be executed during the entire period for which the indicated amounts were awarded. In addition, the instructions contained in them can be implemented within three years after its expiration.
Fulfillment of the requirements of the certificate issued by the labor dispute committee is executed within three months from the date of issue.
Deadlines for the execution of documents not established by Article 21 of the Federal Law No. 229 are determined in accordance with the provisions of other federal laws.
Deferral / installment plan
If relief is provided for the debtor in a court order or federal law, the term for presenting the IL for execution begins after the end of the installment / deferral date. This rule does not apply to documents on the collection of a fine imputed for committing a crime.
Automated accounting system
It is referred to in art. 6.1 Federal Law No. 229. According to the norm, the FSSP forms and maintains a bank of executive documents.
The information database contains the information necessary for the implementation of tasks for the compulsory implementation of the requirements of acts of courts and other bodies and their employees.
The rules for creating and maintaining a database are approved by order of the chief court bailiff of the Russian Federation.
Information about:
- The date of the act on the basis of which the IL was issued.
- The form and details of the executive document, the name of the issuing authority.
- Opening date and number of enforcement proceedings.
- The name of the debtor organization, its legal address or the name of the citizen, place and date of his birth.
- The requirements contained in the writ of execution. An exception is provided for prescriptions present in documents issued on the basis of court orders, the text of which is not subject to publication on the Internet in accordance with the norms of Russian law, as well as for data on the collector.
- Amount of outstanding debt.
- Name and address of the FSSP unit conducting enforcement proceedings.
- Declaration of the debtor, property, child on the wanted list. In the latter case, the full name of the minor and the year of birth are indicated.
- The return of IL to the collector on the grounds enshrined in 3 and 4 paragraphs 1 of part 46 of article of the Federal Law No. 229, or about the end of the production for the reasons provided for in clause 6, 7, part 1 of Art. 47.
Nuances
The information above is considered publicly available until the date of completion (termination) of production. An exception is information on the wanted list of a child, debtor or his property. They remain publicly available until the discovery of wealth or specified citizens.
Within three years, access will also be open to information on the return of IL to the collector and the end of production.
Interagency collaboration
When information on the opening of enforcement proceedings is entered into the database, the information necessary to pay off the debt on information security is sent to the GIS (state information system) on municipal and state payments.
A bank or other credit institution, postal service, other bodies and institutions through which funds are transferred to the accounts of the Federal Treasury departments must immediately send data on payments made to the GIS on municipal and state payments. This requirement is contained in paragraph 5 of part 6.1 of the Federal Law "On Enforcement Proceedings" 229-FZ.