The legislation provides for certain procedures for the seizure of property. The inventory of material assets is a mandatory document when imposed. Let us further consider the basic rules in accordance with which this paper is drawn up.
General information
The seizure of property involves the seizure, restriction of use or a ban on the disposal of tangible property belonging to the subject. Its duration is determined by authorized employees of the FSSP. In practice, quite often the inventory of property by bailiffs is carried out for a larger amount than that which is subject to recovery. This procedure is performed in the presence of witnesses.
Debtor's property listing
With the direct application of interventions, an act is drawn up. The following information must be included in the inventory of property :
- FULL NAME. all persons present during the procedure.
- The name of each item or property law. The document indicates their signs, details of the papers confirming the ownership of things to the subject.
- A preliminary assessment of each item included in the inventory of property , as well as the total value of all material assets.
- Duration, scope and type of restrictions.
- Mark on the seizure of items.
- Information about the person to whom material assets are transferred for safekeeping or under protection.
- A note on explaining to the subject who accepted things, on his duties and rights, a warning about liability for embezzlement, alienation, concealment, illegal transfer of objects with the signature of a citizen.
- Comments and statements of persons participating in the procedure.
Nuances
The list of property must be signed by an employee of the FSSP, by witnesses, by the entity who accepted the material values for storage, as well as by other citizens who were present during the procedure. In case of refusal of someone to put their signature in the act, an appropriate mark is put down. The inventory of the property , copies of the decision shall be sent to the parties to the enforcement proceedings, as well as to other interested parties, no later than the day following the date of execution of the documentation. If material assets were seized, then the transfer of securities is carried out immediately. A decision on the removal / seizure of real estate shall be sent to the registration authority within three days from the date of issue in electronic form.
Procedure specifics
The inventory is compiled only on the property that belongs to the debtor. The obligation to prove that certain material values are not his property rests with the citizen and his relatives. The exclusion of property from the inventory is carried out in accordance with the norms of procedural legislation. The corresponding application should be sent to the authorized authority before the sale of material assets. First, the funds in the accounts are subject to arrest. A citizen has the right to propose his order. However, the final procedure is approved by the bailiff. However, the employee may not follow the order of priority.
List of items not subject to arrest
The legislation establishes a list of objects, the use and disposal of which cannot be limited. The list includes:
- Housing, if it is the only place suitable for living.
- Household items and personal use. The former include, for example, a refrigerator, a TV, the latter include clothes, shoes, etc. The exception is luxury goods (jewelry, etc.).
- Material assets used by a citizen to carry out professional activities, except for things whose value is more than 100 minimum wages.
- Worker, dairy, pedigree cattle, bees, deer, birds, rabbits, not raised for business, feed and buildings necessary for the maintenance of these animals.
- Seeds for sowing.
- Fuel needed for heating and cooking.
- Food products, cash, the amount of which is not less than the subsistence minimum for a citizen and persons who are his dependents.
- Property that a subject needs in connection with a disability.
- State awards, commemorative and honorary signs, prizes.
In addition, the seizure of property withdrawn from circulation or limited in it is not allowed. Such items include narcotic compounds, weapons, etc.
The order of inclusion of the organization’s material assets
It is established by law in accordance with the norms:
- First of all, arrest is imposed on movable items that are not involved in the release of goods, the provision of services, or the performance of work. These include, among others, securities other than those in the reserve of investment funds, finished products, precious metals and stones, products from them and their scrap, items of office design.
- Secondly, property rights are seized. Restrictions are imposed on those that are not used in production activities.
- In the third place, real estate that is not directly involved in the production, implementation of work or the provision of services is seized.
- Material assets used for production purposes are subject to the limitations of the latter.
It must be said that, if the foreclosure on objects of the previous queue is not addressed, arrest cannot be imposed on subsequent categories of objects.
Car restrictions
When the vehicle is arrested, a document is attached to the inventory, in which the characteristics of individual elements and units are given. For example, the engine number, the condition of the body, tires, the presence of mirrors, etc. are indicated. After that, the traffic police sends a decree of the FSSP employee to ban the removal of vehicles from the register, performing inspection, changing registration data. In addition, a data sheet is removed to prevent re-registration of the machine.
Other cases
Arrest may be imposed on:
- The right to claim for executive documents.
- Accounts receivable.
- Exclusive rights to products of intellectual activity, means of individualization.
Particular attention should be paid to restrictions on receivables. They imply a ban on transactions that lead to the termination or change of relations in the framework of which obligations arose. An employee of the FSSP draws up an act and draws up a resolution, which indicates a list of documents confirming the presence of debt. If necessary, these papers are seized and transferred to the responsible person for storage. Copies of the decision and the act are transferred to the participants in the enforcement proceedings and to the debtor.
Conclusion
It should be said that an inventory of property is compiled not only in the event of its arrest. In practice, the procedure for drawing up an act is used in a variety of areas. For example, in cases where a lease is concluded. Inventories of property at the enterprise are compiled during the inventory, transfer of equipment to leasing, etc. When preparing the document, special attention should be paid to the valuation of items. In some cases, an expert is invited to determine it.