The stages of enforcement proceedings are the grouped actions of the executive authorities, which are aimed at the legitimate outcome of the trial.
The main goal during the executive process is the reconciliation of the parties in order to resolve the disputed situation peacefully. Both the public prosecutor and the defense are directed at such actions. There are several stages of production.
Kinds
The stages of production can be divided into three main stages of the trial:
- production excitement;
- execution of a decision;
- completion of the process.
The listed stages are of great importance. After all, at various stages, special issues are resolved.
- First stage. This is the stage that occurs at the very beginning. Here, issues related to the possibility of the execution of decisions, the implementation of the search for the debtor are decided. And also discusses the possibility of seizing the property of the debtor.
- The second one. At this stage, actions are taken that are aimed at the execution of the decision. They are related to foreclosure on funds of a person who has debts. This is necessary for the citizen to perform those actions to which, by a court decision, he was ordered by the court.
- The third. This process completes all stages and business of production. At this stage, the decisions made by the judicial authority have already been completed and worked out. Therefore, the enforcement case is closed and the writ of execution is returned to the debtor.
Excitation of production
Until a case is opened, no decisions are enforceable. The bailiff, the executor, in this case accepts a statement from the plaintiff. Typically, a petition is present in a statement to effect an arrest in respect of the property of the debtor. That is, the moment of the will of the claimant is considered the moment when enforcement proceedings are instituted. After this stage, the following stages of criminal proceedings or executive are implemented. In the absence of a statement, it is impossible to initiate proceedings on a controversial issue.
Suspension of the trial
This is a kind of break when performing executive actions. The consideration of the case may be postponed indefinitely until clarification of circumstances that are crucial. And they can also affect the outcome of the case. Basically, a break is decided by a judicial authority.
A very common reason for the suspension of this stage of production by various organizations is the lack of funds. But the court, as a rule, rejects such a basis and does not suspend the proceedings.
The judicial authority suspends the settlement of a contentious issue when:
- a lawsuit is exempted from arrest;
- denial of property valuation occurs;
- the bailiff's decision is disputed.
Cessation of production
The final stage of production is a set of measures that are aimed at completing the executive process in a particular case.
The bailiff considers the decision to terminate the proceedings within 10 days from the date of its adoption. Executive bodies may terminate work if they have ensured the recovery of monetary funds or property of the debtor. Or both parties agreed to resolve the issue on their own. In this case, an agreement is concluded between the parties.
Return of writ of execution
This implies the nomination of the requirements of the authority that issued the document on the return of the writ of execution. In this case, the documents are sent from one branch of the bailiffs to another.
If there is no such requirement, then only a copy of the document on the enforcement process is sent to the debtor. At the end of the production stage, an appropriate decision is made. In which the grounds that served the end of the process are prescribed. This decree cancels the search for the debtor of his money, and also removes the restriction from the citizen that had previously been introduced.
Agreement
A settlement is considered an important mechanism. Because it is aimed at, in order to avoid a lengthy lawsuit, conclude an agreement at the stage of enforcement proceedings. Such an agreement has a positive effect on the outcome of the case, since the court does not need to impose restrictions and enforce the collection of funds. The parties by mutual agreement agree on payments. For example, the practice of amicable agreements is common when considering disputes concerning a bank and a debtor. For a commercial organization, it is better if the debt is repaid without waiting for the end of the process. Because in this case they don’t need to pay extra money to the specialist. Which will be at every court hearing. And when considering one case, there can be about five meetings.
Features
The special features of the settlement agreements are that the parties carry out a legal transaction. It is important that the agreement can be signed not only during the judicial stage of the proceedings, but also at the time of execution of the court decision. The compromise reached is the basis for closing the case. Because the parties resolved the issue on the merits.
This agreement is valid only if the decision by which the dispute was resolved will be valid. That is, it should not be canceled. And if the decision has already been canceled, then the parties can continue to carry out the settlement in the framework of the trial. Sometimes it is more profitable for the parties to personally discuss the possibility of paying the debt. For example, a bank sometimes even to forgive a situation even forgives an insignificant part of a citizen's debt obligations. Or even makes a demand that he pay the full amount of money, taking into account the accrued fines and penalties. It all depends on what purpose the plaintiff pursues and how long he is determined to understand this situation.
Thus, all stages and stages of production are aimed at faster resolution of the dispute. Each of them is of great importance. But some of these stages may not be carried out if the parties have entered into a settlement agreement.