The federal law on executive officers of the FSSP made it possible to endow the execution system judgments transparency. Thanks to this, every citizen of the Russian Federation, as well as organizations and individual entrepreneurs, can obtain information about the presence of debts on the official website of the bailiff.

However, you need to know which sources and types of income the bailiff cannot impose a penalty on. That is what this review will be about. In particular, article 101 will be considered current law №229.

For advice, you can contact the lawyers of the portal. Primary legal assistance provided online for free.

Based on Article 101 of the Federal Law on enforcement proceedings FSSP service Russian Federation cannot deduct from the following types of income of citizens:

• Funds transferred to cover the damage caused to health and compensation for harm (clause 1 of this article).
• Funds directed to compensate for damage due to the loss of a breadwinner (clause 2).
• Clause 3 states that the amounts that are used to cover injuries received in the performance of official duty or duties cannot be arrested.
• Payment from federal sources, according to clause 4, for compensation to victims of man-made and radiation emergencies.
• Compensatory payments from a federal source of funding intended for persons caring for persons with disabilities (clause 5).
• Payment once a month or a year, which are transferred in accordance with the legislation of the Russian Federation to a special category of the civilian population. This article refers to money as compensation for travel in public transport, for the purchase of medicines, and so on (clause 6).

Thus, the federal law defines restrictions on withholding funds to pay off the resulting debt. Comments of legal experts on this draft law can be found in the public domain on the Internet.

Benefits and income of persons prohibited from arrest

The above information on the income of persons who cannot be arrested is incomplete. Further, Article 101 will deal with the scope of benefits and social benefits. These include:

• Clause 7 states that payments received to the debtor's account marked "alimony", as well as payments for children under 18 years of age (maintenance) for a while search activities their parent cannot be withheld as debt.
• According to the laws, the following payments also fall under this limitation: compensation in connection with a business trip, as well as other actions related to work in another region; compensation for the purchase of a worn tool to an employee of the organization; payments from the organization for childbirth, death of a relative and marriage (clause 8).
• Guarantee of obligatory insured events. An exception is the execution of production from the old-age pension (insurance part), as well as deductions for the disability group, the funded part of the pension, urgent pension payments and other benefits associated with temporary unemployment (clause 9).
• Clause 10 of this article regulates that compensation for the loss of a breadwinner from the federal budget cannot be withheld either.
• Pensions paid from the budget of the subjects of Russia on the occasion of the loss of a breadwinner citizen (clause 11).
• Clause 12 contains indications that those federal amounts that are transferred to persons with children, as well as from extra-budgetary funds and sponsored by the constituent entities of Russia, are not subject to collection.

In view of this, the bailiff, guided by a court order, cannot impose restrictions or arrest on the above amounts.

However, due to the specifics of the procedure for requesting a bank, the employee does not always know the purpose of the payments. Therefore, the debtor upon receipt writ of execution, it is necessary to submit documents confirming these amounts on time.

Social payments

When executing a court decision or the head of the FSSP unit, citizens should know an additional list of social benefits. These amounts are also non-refundable:

1. Mat.capital (clause 13).
2. One-time federal assistance, incl. from other sources of funding related to natural and other disasters, terrorism, lethal outcome a close relative, humanitarian aid, as well as awards for assisting in the prevention and suppression of terror in the country (p. 14).
3. For laws such as Federal Law No. 229, clause 15 of Article 101 is provided, which states that it is impossible to deduct from the following payments: full or partial compensation for a voucher (an exception is a tourist one intended for employees of an organization, including family members, not involved in work in this company and located in the country). Also an exception is visits to sanatoriums and health resorts and amounts transferred to minor children (under 16 years old) who are undergoing treatment or rehabilitation in sanatoriums and other institutions on the territory of the Russian Federation.
4. It is forbidden to alienate compensation amounts intended to cover travel to and from the treatment center. If the laws provide for this, then the compensation of the accompanying citizen is also not subject to arrest (paragraph 16).
5. Clause 17 contains an indication of the prohibition of collecting from benefits of social significance for burial.

It should be noted that it is important for an executive officer to take into account that child support for a child under 18 years of age, obligations to compensate for the loss of a breadwinner when a claimant applies, specified in parts 1 and 4 of this article for recovery, do not apply.

Effective February 1, 2008 new edition Federal Law "On Enforcement Proceedings". The Law defines the basic principles and tasks of enforcement proceedings. An important innovation is the norms devoted to the issues of foreclosure on securities and property rights. The powers of the bailiff have also been significantly expanded.
the executor in the application of compulsory enforcement measures.

About enforcement proceedings

Accepted State Duma September 14, 2007 Approved by the Federation Council on September 19, 2007

Chapter 1. MAIN PROVISIONS

Article 1. Scope of this Federal Law

1. This Federal Law defines the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials who, in the exercise of the powers established by federal law, have been granted the right to impose individuals(hereinafter referred to as "citizens") legal entities, Russian Federation, subjects of the Russian Federation, municipalities(hereinafter also - organizations) the obligation to transfer to other citizens, organizations or to the relevant budgets Money and other property, or the commission of certain actions in their favor or the refraining from the commission of certain actions.

2. The conditions and procedure for the execution of judicial acts on the transfer to citizens, organizations of funds of the corresponding budget of the budgetary system of the Russian Federation are established by the budgetary legislation of the Russian Federation.

Article 2. Tasks of enforcement proceedings

The tasks of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in cases provided for by the legislation of the Russian Federation, the execution of other documents in order to protect violated rights, freedoms and legitimate interests citizens and organizations.

Article 3. Legislation of the Russian Federation on Enforcement Proceedings

1. The legislation of the Russian Federation on enforcement proceedings is based on the Constitution of the Russian Federation and consists of this Federal Law, Federal Law No. 118-FZ of July 21, 1997 “On Bailiffs” (hereinafter referred to as the Federal Law “On Bailiffs”) and other federal laws regulating the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials.

2. The norms of federal laws regulating the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials must comply with this Federal Law.

3. Based on and pursuant to this Federal Law, the President of the Russian Federation and the Government of the Russian Federation shall adopt regulatory legal acts on enforcement proceedings.

4. If international treaty The Russian Federation establishes other rules than those provided for by the legislation of the Russian Federation on enforcement proceedings, then the rules of an international treaty are applied.

Article 4. Principles of enforcement proceedings

Enforcement proceedings are carried out on the principles of:

1) legality;

2) timeliness of commission executive action and application of enforcement measures;

3) respect for the honor and dignity of a citizen;

4) inviolability of the minimum property necessary for the existence of the debtor-citizen and members of his family;

5) the correlation of the volume of claims of the recoverer and enforcement measures.

Article 5

1. Enforcement of judicial acts, acts of other bodies and officials is assigned to the Federal Service bailiffs and her territorial bodies.

2. Direct implementation of functions for enforcement judicial acts, acts of other bodies and officials are assigned to bailiffs structural divisions territorial bodies of the Federal Bailiff Service (hereinafter referred to as bailiff units).

3. The powers of bailiffs are determined by this federal law, the Federal Law "On bailiffs" and other federal laws.

Article 6

1. The legal requirements of the bailiff-executor are mandatory for all state bodies, bodies local government, citizens and organizations and are subject to strict implementation throughout the territory of the Russian Federation.

2. In case of failure legal requirements bailiff-executor, he applies the measures provided for by this Federal Law.

3. Failure to comply with the legal requirements of the bailiff, as well as obstruction of the implementation by the bailiff of the functions of executing judicial acts, acts of other bodies and officials shall entail liability under the legislation of the Russian Federation.

Article 7

1. In the cases provided for by federal law, the requirements contained in judicial acts, acts of other bodies and officials are executed by bodies, organizations, including government bodies, local authorities, banks and other credit organizations, officials and citizens.

2. The bodies, organizations and citizens specified in Part 1 of this Article shall comply with the requirements contained in judicial acts, acts of other bodies and officials, on the basis of executive documents specified in Article 12 of this Federal Law, in the manner established by this Federal Law and other federal laws.

Article 8

1. An executive document on the recovery of funds or on their arrest may be sent to a bank or other credit organization directly by the claimant.

2. Simultaneously with the writ of execution, the recoverer shall submit to the bank or other credit organization an application indicating:

1) details of the bank account of the recoverer, to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if any), details of a migration card and a document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

3. The representative of the recoverer shall submit a document certifying his authority and the information specified in paragraph 2 of this article about the recoverer and about himself.

4. An executive document received for execution by a bank or other credit institution after the revocation of their license is returned without execution to the person who sent it.

Article 9 judicial act, act of another body or official

1. An executive document on the recovery of periodic payments, on the recovery of funds not exceeding twenty-five thousand rubles in the amount may be sent to an organization or other person paying the debtor wages, pension, stipend and other periodic payments, directly by the claimant.

2. Simultaneously with the executive document, the recoverer submits an application, which indicates:

1) details of the bank account to which funds should be transferred, or the address to which funds should be transferred;

2) last name, first name, patronymic, details of the identity document of the claimant-citizen;

3) name, taxpayer identification number or code of a foreign organization, state registration number, place state registration and the legal address of the claimant - a legal entity.

3. The representative of the recoverer shall submit a document certifying his authority and the information specified in paragraph 2 of this article about the recoverer.

Article 10 foreign citizens, stateless persons and foreign organizations

When executing on the territory of the Russian Federation judicial acts, acts of other bodies and officials in respect of foreign citizens, stateless persons and foreign organizations, the provisions of this Federal Law shall apply to them.

Article 11. Execution of decisions of foreign courts and arbitrations

The procedure for the execution in the Russian Federation of decisions of foreign courts and arbitrations is established by the relevant international treaties of the Russian Federation, procedural legislation Russian Federation and this Federal Law.

Chapter 2. EXECUTIVE DOCUMENTS

Article 12. Types of enforcement documents

1. Executive documents sent (presented) to the bailiff-performer are:

1) writ of execution issued by courts general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;

2) court orders;

3) notarized agreements on the payment of alimony or their notarized copies;

4) certificates issued by commissions for labor disputes;

5) acts of the bodies exercising control functions on the recovery of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, on full or partial non-fulfillment of requirements said bodies in connection with the lack of sufficient funds on the accounts of the debtor to meet these requirements;

6) judicial acts, acts of other bodies and officials in cases of administrative offenses;

7) resolutions of the bailiff;

8) acts of other bodies in cases provided for by federal law.

2. In case of loss of the original of the writ of execution, the basis for execution is its duplicate, issued in in due course court, other authority or official that adopted the corresponding act.

3. The executive document, on which the enforcement proceedings have been initiated, is in the materials of the enforcement proceedings. The bailiff sends for execution the decision to initiate enforcement proceedings with a copy of the said executive document.

Article 13

1. In the executive document, with the exception of the decision of the bailiff, court order and notarized agreement on the payment of alimony, must be indicated:

1) the name and address of the court or other body that issued the enforcement document, the surname and initials of the official;

2) the name of the case or materials on the basis of which the enforcement document was issued, and their numbers;

3) the date of adoption of a judicial act, act of another body or official;

4) date of entry into legal force a judicial act, an act of another body or official, or an indication of immediate execution;

5) information about the debtor and the recoverer:

a) for citizens - surname, name, patronymic, place of residence or place of stay, and for the debtor also - year and place of birth, place of work (if known);

b) for organizations - name and legal address;

c) for the Russian Federation, a constituent entity of the Russian Federation or a municipality - the name and address of the body authorized on their behalf to exercise rights and fulfill obligations in enforcement proceedings;

6) the operative part of a judicial act, act of another body or official, containing a requirement to impose on the debtor the obligation to transfer money and other property to the recoverer or to perform certain actions in favor of the recoverer or refrain from performing certain actions;

7) the date of issue of the executive document.

2. If prior to the issuance of a writ of execution, a deferment or installment plan of execution is granted, then the writ of execution shall indicate from what time the period for fulfilling the requirements contained therein begins.

3. An executive document issued on the basis of a judicial act or being a judicial act shall be signed by the judge and certified by the official seal of the court.

4. An executive document issued on the basis of an act of another body or being an act of another body is signed by an official of this body and certified by the seal of this body or the person who issued it.

Article 14

1. Decisions on issues of enforcement proceedings taken by the bailiff-executor, the chief bailiff of the Russian Federation, the chief bailiff of the constituent entity of the Russian Federation, the senior bailiff and their deputies (hereinafter also referred to as the official of the bailiff service) from the date of the direction (presentation) of the executive documents for execution, are drawn up by resolutions of an official of the bailiff service.

2. In the decision of the bailiff-executor, the following must be indicated:

1) the name of the bailiff unit and its address;

2) the date of issuance of the decision;

3) the position, surname and initials of the person who issued the decision;

4) the name and number of the enforcement proceedings on which the resolution is issued;

5) the issue on which the decision is made;

6) the grounds for the decision to be made with reference to federal laws and other regulatory legal acts;

7) the decision taken on the issue under consideration;

8) the procedure for appealing against the decision.

3. The bailiff or other official of the bailiff service has the right, on his own initiative or at the request of the persons participating in the enforcement proceedings, to correct the clerical errors or obvious arithmetic errors made by him in the decision. These corrections are made by a resolution on amendments to a previously issued resolution.

4. The decision of the bailiff is subject to execution within the period specified in the decision, and can be appealed in the order of subordination to a higher official of the bailiff service or challenged in court.

Chapter 3. TERMS IN EXECUTIVE PROCEEDINGS

Article 15. Establishment and calculation of terms in enforcement proceedings

1. Terms in enforcement proceedings are determined calendar date, an indication of an event that must occur, or a period during which an action can be performed.

2. Terms are calculated in years, months and days. Time periods calculated in days do not include non-working days.

3. Unless otherwise established by this Federal Law, the running of a period calculated in years, months or days begins on the day following the calendar date or the day of the occurrence of the event that determines the beginning of the period.

Article 16

1. A term calculated in years ends on the corresponding month and day last year the established period.

2. A period calculated in months ends on the corresponding day last month the established period. If the end of a period calculated in months falls on a month that does not have a corresponding date, then the period ends on the last day of that month.

3. The period calculated in days ends on the last day of the established period.

4. Unless otherwise established by this Federal Law or another federal law, in cases where the last day of the term falls on a non-working day, the expiration day of the term shall be the first working day following it.

5. The period specified in the executive document by the calendar date ends:

1) on the day immediately preceding the date indicated in the executive document, if the executive document prescribes certain actions to be performed before this date;

2) on the day specified in the executive document.

6. An action for which a time limit has been set may be committed up to twenty-four hours last day the established period.

7. If an application, complaint, other documents or sums of money were submitted to the body or to a person authorized to accept them or handed over to the post office before twenty-four hours of the last day of the deadline, the deadline is not considered missed.

8. If the action must be performed directly in the organization, then the established period ends at the hour when the working day ends in this organization or the corresponding operations are terminated.

Article 17. Consequences of missing deadlines in enforcement proceedings

1. Missing the deadline established by this Federal Law, other federal laws or a bailiff to fulfill the requirements contained in the executive document, entails liability under this Federal Law and other federal laws. Missing the deadline does not exempt from fulfilling the requirements contained in the executive document.

2. Missing the deadline established by this Federal Law, other federal laws for appealing to a higher official of the bailiff service of decisions and actions (inaction) of the bailiff, other officials of the bailiff service, entails the return of the complaint to the person who filed it, without consideration under essence. Such a complaint is considered not filed.

Article 18. Restoration of missed deadlines in enforcement proceedings

1. The missed deadline for filing a complaint may be restored, provided that a petition for restoration of the missed deadline is filed simultaneously with the complaint and the official of the bailiff service considering the complaint recognizes the reasons for missing the deadline as valid, and the deadline for filing a petition for restoration of the deadline is reasonable.

2. Restoration of the missed period by a separate decision of an official of the bailiff service is not formalized and is expressed in the acceptance for consideration on the merits of the relevant complaint.

3. Refusal to restore the missed deadline is issued by the decision of the official of the bailiff service who considered the petition. A copy of the said decision shall be sent to the person who filed the petition no later than the day following the day the decision was issued.

4. The decision to refuse to restore the missed period may be appealed.

5. Restoration of missed deadlines for applying to the court shall be carried out by the court in the manner established by the procedural legislation of the Russian Federation.

Article 19. Suspension of terms in enforcement proceedings

1. The course of all unexpired terms shall be suspended simultaneously with the suspension of enforcement proceedings.

2. From the date of resumption of enforcement proceedings, the time limits continue.

Article 20

1. The period established by the bailiff may be extended by him at the request of the person participating in the enforcement proceedings. A decision shall be issued on the extension or refusal to extend the period.

2. The decision to extend or refuse to extend the term established by the bailiff may be appealed.

Article 21

1. Writs of execution issued on the basis of judicial acts, with the exception of the writ of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date of entry into force of the judicial act or the expiration of the period established by granting a deferral or installment plan for its execution.

2. Writs of execution issued on the basis of judicial acts of arbitration courts, according to which arbitration court the missed deadline for presenting a writ of execution for execution has been restored, may be presented for execution within three months from the date of the court's ruling on the restoration of the missed deadline.

3. Court orders may be presented for execution within three years from the date of their issuance.

4. Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which the payments were awarded, as well as within three years after the end of this period.

5. Certificates issued by labor dispute commissions may be presented for execution within three months from the date of their issue.

6. Acts of the bodies exercising control functions, drawn up in accordance with the established procedure, on the recovery of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, on full or partial non-fulfillment of the requirements of these bodies due to the lack of on the accounts of the debtor, funds sufficient to satisfy these claims may be presented for execution within six months from the date of their return by the bank or other credit institution.

7. Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within one year from the date of their entry into force.

8. The terms for presenting for execution enforcement documents not specified in this article are established in accordance with federal laws.

Article 22

1. The deadline for presenting a writ of execution for execution is interrupted:

1) presenting a writ of execution for execution;

2) partial execution of the executive document by the debtor.

2. After a break, the period for presenting a writ of execution for execution is resumed. The time elapsed before the termination of the term, in new term does not count.

3. In the event of the return of the writ of execution to the recoverer due to the impossibility of its execution, the period for presenting the writ of execution for execution is calculated from the day the writ of execution is returned to the recoverer.

4. If the execution of a judicial act, an act of another body or official was delayed or suspended, then the period for presenting the enforcement document for execution is resumed from the date of resumption of the execution of a judicial act, an act of another body or official.

5. In the event of an installment plan for the execution of an executive document, the period for presenting it for execution is extended by the installment period.

6. Operation of parts 1-4 of this article does not apply to judicial acts, acts of other bodies and officials in cases of administrative offenses.

Article 23

1. A recoverer who has missed the deadline for presenting a writ of execution or a court order for execution is entitled to file an application for the restoration of the missed deadline with the court that adopted the relevant judicial act, if the restoration of the specified period is provided for by federal law.

2. Missed deadlines for the presentation for execution of enforcement documents not specified in part 1 of this article are not subject to restoration.

Chapter 4. NOTIFICATIONS AND CALLS IN EXECUTIVE PROCEEDINGS

Article 24

1. Persons participating in enforcement proceedings are notified of enforcement actions and measures of enforcement or are called to the bailiff or to the place of performance of enforcement actions by summons with acknowledgment of receipt, telephone message, telegram, using electronic, other types of communication and delivery or by a person who, with his consent bailiff order to deliver them.

2. In cases where the executive document is subject to immediate execution, as well as when seizing property and taking other interim measures, the bailiff has the right to perform enforcement actions and apply enforcement measures without prior notice to the persons involved in the enforcement proceedings.

3. A notice addressed to a person participating in enforcement proceedings shall be sent to the address indicated in the executive document, unless the person participating in enforcement proceedings or his representative indicated a different address. The notice may be sent to the place of work of the person participating in the enforcement proceedings.

4. A notice addressed to an organization shall be sent to its legal address or at the legal address of its representative office or branch. The notice may be sent to the address indicated by the organization, to the bailiff in writing.

5. Persons evading the appearance on the call of the bailiff may be brought to the court on the basis of a decision of the bailiff approved by the senior bailiff.

Article 25

1. The agenda, other notice must contain:

1) the name and address of the bailiff unit;

2) name of the addressee;

3) an indication in the capacity of whom the addressee is being notified or summoned;

4) the name or number of enforcement proceedings by which the addressee is notified or summoned;

5) the date, time and place of the execution of the enforcement action or the application of the enforcement measure.

2. If a copy of the decision of the bailiff is sent to the addressee along with the summons, other notice, then the information provided for in paragraphs 4 and 5 of part 1 of this article may not be indicated in the notice.

3. The summons or other notice indicates the consequences of the addressee's failure to appear on the call.

Article 26. Delivery of a summons, other notice

1. If a summons or other notice is delivered by mail or by a person to whom the bailiff instructed to deliver them, then the date and time of their delivery to the addressee are recorded on the document to be returned to the bailiff unit.

2. If a subpoena or other notice is delivered by another means of communication, then the date and time of their delivery to the addressee shall be recorded in the established manner.

Article 27

1. A subpoena or other notice addressed to a citizen shall be handed over to him personally against a signature on a notice of delivery to be returned to the bailiff unit. The summons, other notice addressed to the organization shall be handed over to the employee of the organization, who signs for receipt of the summons, other notice on the notification of delivery indicating his surname, initials and position.

2. If the person delivering the summons, other notice, does not find the summoned citizen at his place of residence, then the summons, other notice shall be handed over to one of the adult family members living with him with their consent. In this case, the addressee is considered notified.

3. In the absence of the addressee, the person delivering the summons, another notice, notes on the delivery notice where the addressee left and when he is expected to return, or makes a note about the absence of such information.

Article 28

A person participating in the enforcement proceedings is obliged to inform the bailiff unit about the change of his address during the enforcement proceedings. In the absence of such a message, a summons or other notice is sent to the last known address of the specified person, and it is considered notified, even if it no longer lives or is not located at this address.

Article 29

1. If the addressee refuses to accept the summons, other notification, the person delivering them makes an appropriate mark on the summons or other notification, which are returned to the bailiff unit.

2. Persons participating in enforcement proceedings are considered notified if:

1) the addressee refused to receive the summons, other notice;

2) despite the receipt of the postal notice, the addressee did not appear for the summons, other notice sent to his address.

Chapter 5. EXECUTIVE PROCEEDINGS

Article 30. Initiation of enforcement proceedings

1. The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant, unless otherwise provided by this Federal Law.

2. The application is signed by the recoverer or his representative. The representative attaches to the application a power of attorney or other document certifying his authority. The application may contain a petition to seize the debtor's property in order to ensure the execution of the claims contained in the executive document for property recovery, as well as to establish restrictions for the debtor provided for by this Federal Law.

3. The executive document and the application are submitted by the recoverer at the place of execution of enforcement actions and the application of enforcement measures, determined in accordance with Article 33 of this Federal Law.

4. If the recoverer does not know in which division of bailiffs enforcement proceedings should be initiated, then he has the right to send a writ of execution and an application to the territorial body of the Federal Bailiff Service (the chief bailiff of the subject of the Russian Federation) at the place of execution of enforcement actions and the application of enforcement measures determined in accordance with Article 33 of this Federal Law. The chief bailiff of the subject of the Russian Federation sends said documents to the appropriate division of bailiffs within five days from the date of their receipt, and if the executive document is subject to immediate execution - on the day they are received.

5. The bailiff initiates enforcement proceedings without a statement of the claimant in the cases provided for in part 6 of this article and part 6 of article 33 of this federal law, as well as when a court, other body or official, in accordance with federal law, sends a writ of execution to a bailiff performer.

6. The basis for initiating enforcement proceedings is also issued in the process of forcible execution of the executive document, the decision of the bailiff to recover the costs of enforcement actions, performance fees and fines imposed by the bailiff in the process of execution of the executive document.

7. The claimant's application and the executive document are transferred to the bailiff within three days from the date of their receipt by the bailiff unit.

8. The bailiff-executor within three days from the date of receipt of the executive document to him makes a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings.

9. If the claimant refuses to satisfy the petition to seize the debtor's property or to establish restrictions for the debtor provided for by this Federal Law, the bailiff indicates in the decision to initiate enforcement proceedings the motives for such a refusal.

10. If the executive document is subject to immediate execution, then after entering the bailiff unit, it is immediately transferred to the bailiff, whose powers extend to the territory where the execution is to be carried out, and in his absence, to another bailiff. The bailiff must make a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings within one day from the date of receipt of the executive document by the bailiff unit.

11. If the executive document first entered the bailiff service, then the bailiff in the decision to initiate enforcement proceedings sets a deadline for voluntary execution the debtor of the requirements contained in the executive document and warns the debtor about the enforcement of these requirements after the expiration of the period for voluntary execution with the recovery of a performance fee and expenses for the performance of enforcement actions, provided for in Articles 112 and 116 of this Federal Law.

12. The term for voluntary execution may not exceed five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings, unless otherwise provided by this Federal Law.

13. If the deadline for execution is indicated in the executive document, then the deadline for voluntary execution is determined in accordance with the deadline specified in the executive document. If the executive document is presented for execution after the expiration of the execution period specified in it, then the established period for voluntary execution cannot exceed five days from the date of initiation of enforcement proceedings.

14. The bailiff does not set a deadline for the voluntary execution of a writ of execution in cases of initiation of enforcement proceedings:

1) in accordance with paragraph 16 of this article;

2) upon subsequent presentation of the executive document;

3) about reinstatement at work;

4) about administrative suspension activities;

5) on confiscation of property;

6) according to the executive document on interim measures.

15. Decisions of the bailiff-executor to recover from the debtor the costs of performing enforcement actions, enforcement fees and fines imposed by the bailiff-executor in the process of executing the executive document are executed without initiating separate enforcement proceedings on them until the end of the enforcement proceedings, during which the said ordinances.

16. After the end of the main enforcement proceedings, the bailiff initiates enforcement proceedings on the issued and unexecuted orders to recover from the debtor the costs of enforcement actions, enforcement fees and fines imposed by the bailiff in the process of execution of the executive document.

17. A copy of the decision of the bailiff to initiate enforcement proceedings no later than the day following the day of issuance of the said decision is sent to the recoverer, debtor, as well as to the court, other body or official that issued the executive document.

18. In cases where the execution of a judicial act is entrusted to a representative of power, a civil servant, a municipal employee, as well as an employee of a state or municipal institution, commercial or other organization, the bailiff in the decision to initiate enforcement proceedings warns these persons about criminal liability provided for by Article 315 of the Criminal Code of the Russian Federation for non-execution of a judicial act, as well as obstruction of its execution.

Article 31. Refusal to initiate enforcement proceedings

1. The bailiff-executor within three days from the date of receipt of the executive document to him shall issue a decision to refuse to initiate enforcement proceedings, if:

1) the enforcement document is presented without an application of the recoverer or the application is not signed by the recoverer or his representative, except for cases when enforcement proceedings are subject to initiation without the application of the recoverer;

2) the enforcement document was presented not at the place where enforcement actions were performed, with the exception of the case provided for by Part 4 of Article 30 of this Federal Law;

3) the deadline for presenting the enforcement document for execution has expired and has not been restored by the court;

4) the document is not executive or does not meet the requirements for executive documents established by Article 13 of this Federal Law;

5) the executive document was previously presented for execution and the enforcement proceedings on it were terminated on the grounds established by Article 43 and Part 14 of Article 103 of this Federal Law;

6) the enforcement document was previously presented for execution and the enforcement proceedings on it were completed on the grounds established by paragraphs 1 and 2 of part 1 of Article 47 and paragraphs 1, 2 and 4 of part 15 of Article 103 of this Federal Law;

7) a judicial act, act of another body or official, which is an executive document or on the basis of which an executive document was issued, has not entered into force, with the exception of executive documents subject to immediate execution;

8) the executive document in accordance with the legislation of the Russian Federation is not subject to execution Federal Service bailiffs.

2. A copy of the decision of the bailiff-executor to refuse to initiate enforcement proceedings with the attachment of all documents received no later than the day following the day of the said decision is sent to the recoverer, as well as to the court, other body or official that issued the executive document.

3. The elimination of the circumstances provided for in paragraphs 1-4 and 7 of part 1 of this article does not prevent the re-direction (presentation) of the writ of execution to the bailiff in the manner prescribed by this Federal Law.

Article 32

1. In case of ambiguity of the provisions of the executive document, the method and procedure for its execution, the recoverer, debtor, bailiff has the right to apply to the court, other body or official that issued the executive document, with a statement for clarification of its provisions, method and procedure for its execution .

2. An application for clarification of the provisions of the executive document, the method and procedure for its execution is considered by the court, other body or official that issued the executive document, within ten days from the date of its receipt.

Article 33

1. If the debtor is a citizen, then enforcement actions are taken and enforcement measures are applied by a bailiff at his place of residence, place of stay or location of his property.

2. If the debtor is an organization, then enforcement actions are taken and enforcement measures are applied at its legal address, location of its property or at the legal address of its representative office or branch.

3. The requirements contained in the executive documents obliging the debtor to perform certain actions (to refrain from performing certain actions) are executed at the place of these actions.

4. In the absence of information about the whereabouts of the debtor, his property, the whereabouts of the child, enforcement actions are performed and enforcement measures are applied by the bailiff at the last known place of residence or place of stay of the debtor or at the place of residence of the recoverer until the location of the debtor, his property is established.

5. After establishing the location of the debtor, his property, the bailiff:

1) continues enforcement proceedings if the debtor, the debtor's property is located in the territory to which his powers apply, or there are circumstances provided for by paragraph 6 of this article;

2) completes enforcement proceedings if the debtor, the debtor's property is located in the territory to which his powers do not apply, and there are no circumstances provided for by part 6 of this article.

6. If it is necessary to perform certain enforcement actions and (or) the application of certain enforcement measures in the territory to which the powers of the bailiff-executor do not apply, he has the right to instruct the relevant bailiff-executor to perform enforcement actions and (or) apply enforcement measures. The order is issued by the decision of the bailiff in accordance with Article 14 of this Federal Law and approved by the senior bailiff. According to the said decision, the bailiff to whom it was received initiates enforcement proceedings in compliance with the requirements of Article 30 of this Federal Law. For the duration of the execution of the order, the main enforcement proceedings may be suspended.

7. If in the process of execution of the executive document the place of residence of the debtor, his place of residence has changed, or it has become clear that the property of the debtor, which can be foreclosed on, is absent at its former location, then the bailiff continues enforcement proceedings in the manner prescribed by part 6 of this article, or draws up an act and completes the enforcement proceedings.

8. A copy of the decision of the bailiff on the completion of the enforcement proceedings, the act with the attachment of the executive document and copies of all materials of the enforcement proceedings no later than the day following the day the said decision is issued, are sent to the territorial body of the Federal Bailiff Service or its division to initiate enforcement proceedings at the new place of residence of the debtor, the place of his stay or at the new location of his property,
about which the recoverer, debtor, as well as the court, other body or official that issued the writ of execution are notified. A copy of the executive document remains in the completed enforcement proceedings.

9. The chief bailiff of the Russian Federation or the chief bailiff of a constituent entity of the Russian Federation, in order to more fully and correctly carry out enforcement proceedings, has the right to transfer enforcement proceedings from one unit of bailiffs to another (including at the stage of initiating enforcement proceedings), of which the recoverer is notified, the debtor, as well as the court, other body or official that issued the writ of execution.

10. On the transfer of enforcement proceedings from one unit of bailiffs to another, the chief bailiff of the Russian Federation or the chief bailiff of a constituent entity of the Russian Federation issues a decision. The specified decision no later than the day following the day of its issuance is sent to the relevant chief bailiffs of the constituent entities of the Russian Federation and senior bailiffs, the recoverer, the debtor, as well as to the court, other body or official that issued the writ of execution. The senior bailiff, having received the said decision, immediately informs the bailiff conducting the relevant enforcement proceedings. The bailiff ends the enforcement proceedings in the manner prescribed by Article 47 of this Federal Law.

11. For enforcement proceedings transferred from one division of bailiffs to another, the bailiff has the right to perform enforcement actions and apply enforcement measures in the territory to which his powers do not apply.

12. For enforcement proceedings transferred from one division of bailiffs to another, the bailiff performs enforcement actions and applies enforcement measures:

1) within the territory of the Russian Federation - in agreement with the chief bailiff of the Russian Federation, which is notified to the relevant chief bailiffs of the constituent entities of the Russian Federation;

2) within the territory of one subject of the Russian Federation - in agreement with the chief bailiff of the subject of the Russian Federation, which is notified to the senior bailiffs of the relevant divisions of the bailiffs.

13. If the bailiff received permission to commit executive actions and the application of enforcement measures in the territory to which his powers do not apply, then in this territory the senior bailiff assists the bailiff in the execution of the executive document.

14. Disputes about the place of performance of enforcement actions between the territorial bodies of the Federal Bailiff Service are not allowed.

Article 34

1. Several enforcement proceedings initiated against one debtor property nature, as well as enforcement proceedings initiated against several debtors for joint recovery in favor of one recoverer are combined into a consolidated enforcement proceeding.

2. If enforcement documents in relation to one debtor or several debtors for joint and several collection are presented to the subdivisions of the territorial bodies of the Federal Bailiff Service of several constituent entities of the Russian Federation, then consolidated enforcement proceedings are initiated (conducted) on them in the bailiff unit, which is determined by the chief bailiff of the Russian Federation. Control over the conduct of such enforcement proceedings is carried out by the chief bailiff of the Russian Federation or is assigned by him to one of his deputies, the chief bailiff of a constituent entity of the Russian Federation or a senior bailiff at the place of conducting consolidated enforcement proceedings.

3. If enforcement documents in relation to one debtor or several debtors for joint and several collection are presented to several divisions of the territorial body of the Federal Bailiff Service, then consolidated enforcement proceedings are initiated (conducted) on them in the division of bailiffs, which is determined by the chief bailiff of the subject of the Russian Federation. Control over the conduct of such enforcement proceedings is carried out by the chief bailiff of the constituent entity of the Russian Federation or is assigned by him to one of his deputies or a senior bailiff at the place of conducting the consolidated enforcement proceedings.

4. Received enforcement documents containing claims of a property nature to the debtor, in respect of which summary enforcement proceedings are being conducted, and enforcement proceedings initiated in other divisions of the bailiffs are transferred to the bailiff-performer leading the summary enforcement proceedings, of which the recoverer, debtor, court are notified, other body or official who issued the writ of execution.

5. In summary enforcement proceedings, enforcement actions are performed and enforcement measures are applied by a bailiff in the territory to which his authority does not apply, in the manner prescribed by parts 11-13 of Article 33 of this Federal Law.

6. The chief bailiff of the Russian Federation and the chief bailiffs of the constituent entities of the Russian Federation create data banks containing information on the conduct of consolidated enforcement proceedings.

Article 35

1. Enforcement actions are taken and enforcement measures are applied on working days from 6:00 a.m. to 10:00 p.m. The specific time is determined by the bailiff-executor.

2. The recoverer and the debtor have the right to offer the bailiff-performer a convenient time for them.

3. The performance of enforcement actions and the application of enforcement measures on non-working days established by federal law or other regulatory legal acts, as well as on working days from 22:00 to 06:00, are allowed only in cases of urgency, including cases:

1) endangering the life and health of citizens;

2) when the fulfillment of the requirements contained in the executive document is associated with the holding of elections to bodies state power and local governments;

3) when the fulfillment of the requirements contained in the executive document consists in the execution of a court ruling on securing a claim;

4) foreclosure on the debtor's property subject to rapid deterioration.

4. In order to perform executive actions and apply enforcement measures in the cases provided for in paragraph 3 of this article, the bailiff must obtain in writing the permission of the senior bailiff, who immediately notifies the chief bailiff of the constituent entity of the Russian Federation.

Article 36

2. If the deadline for fulfilling the requirements contained in the executive document is established by federal law or the executive document, then the requirements must be fulfilled within the time period established by the federal law or the executive document, respectively.

3. The decision of the bailiff, received in the manner prescribed by Part 6 of Article 33 of this Federal Law, must be executed within fifteen days from the date of its receipt by the bailiff unit.

5. If the executive document provides for the immediate execution of the requirements contained therein, then their execution must be started no later than the first business day after the day the executive document is received by the bailiff unit.

6. The requirements contained in the writ of execution issued on the basis of a court ruling on securing a claim must be executed on the day the writ of execution is received by the bailiff unit, and if this is not possible for reasons beyond the control of the bailiff, no later than the next day. In the same manner, the decision of the bailiff-executor on interim measures, including those received in the manner established by Part 6 of Article 33 of this Federal Law, is executed, unless the decision itself establishes a different procedure for its execution.

7. The terms specified in parts 1-6 of this article do not include the time:

1) during which enforcement actions were not performed due to their postponement;

2) during which the enforcement proceedings were suspended;

3) deferment or installment plan for the execution of the executive document;

4) from the date of the announcement of the search for the debtor-organization, as well as the property of the debtor until the day the search is completed;

5) from the date of application of the recoverer, debtor, bailiff to the court, other body or to the official who issued the executive document, with a statement to clarify the provisions of the executive document, granting a deferral or installment plan for its execution, as well as changing the method and procedure for its execution until the date of receipt by the bailiff-executor of a judicial act that has entered into legal force, an act of another body or official, adopted as a result of consideration of such an appeal;

6) from the date of the decision on the appointment of a specialist until the day the bailiff unit receives his report or other document on the results of work;

7) from the date of transfer of property for sale until the day of receipt of the proceeds from the sale of this property to the account for accounting for funds received at the temporary disposal of the bailiff unit (hereinafter referred to as the deposit account of the bailiff unit), but not more than two months from the date of transfer of the latter lot of said property for sale.

8. The expiration of the deadlines for the performance of enforcement actions and the application of enforcement measures is not a basis for terminating or ending the enforcement proceedings.

9. Expiration of the limitation period for the execution of a judicial act, act of another body or official in a case of administrative offense is the basis for the termination of enforcement proceedings. The limitation period does not include the period during which the person evaded the fulfillment of the requirements contained in the executive document. In this case, the calculation of the limitation period is resumed from the date of discovery of the debtor or his property, on which execution may be levied.

Article 37

1. The recoverer, the debtor, the bailiff shall have the right to apply for a deferral or installment plan for the execution of a judicial act, an act of another body or official, as well as a change in the method and procedure for its execution to a court, other body or official who issued executive document.

2. If the debtor is granted a delay in the execution of a judicial act, act of another body or official, enforcement actions are not taken and enforcement measures are not applied within the period established by the court, another body or official who granted a deferment.

3. In the event that the debtor is granted an installment plan for the execution of a judicial act, an act of another body or official, the enforcement document is executed in that part and within the time limits established in the act on the provision of the installment plan.

Article 38. Postponement of enforcement actions and enforcement measures

1. The bailiff has the right to postpone enforcement actions and the application of enforcement measures at the request of the exactor or on his own initiative for a period of not more than ten days.

2. The bailiff is obliged to postpone enforcement actions and the application of enforcement measures on the basis of a judicial act.

3. The claimant's application and the judicial act must indicate the date until which enforcement actions and the application of enforcement measures are postponed.

4. On the postponement or refusal to postpone enforcement actions or the application of enforcement measures, the bailiff shall issue a decision, a copy of which, no later than the day following the day of its issuance, is sent to the recoverer and the debtor, as well as to the court, other body or official, issued the executive document. The decision on the postponement of enforcement actions or the application of enforcement measures shall indicate the date until which enforcement actions or the application of enforcement measures are postponed.

Article 39. Suspension of enforcement proceedings by the court

1. Enforcement proceedings are subject to suspension by the court in whole or in part in the following cases:

1) filing a claim for release from the imposed arrest (exclusion from the inventory) of property, which is foreclosed on the executive document;

2) challenging the results of appraisal of the seized property;

3) contesting the decision of the bailiff-executor on the recovery of the performance fee;

4) in other cases provided for by federal law.

2. Enforcement proceedings may be suspended by the court in accordance with the procedure established by the procedural legislation of the Russian Federation and this Federal Law, in whole or in part in the following cases:

1) contesting the enforcement document or judicial act, on the basis of which the enforcement document was issued;

2) contesting in court an act of a body or an official authorized to consider cases of administrative offenses;

3) the debtor is on a long business trip;

4) acceptance for production of an application to challenge the decision, actions (inaction) of the bailiff or refusal to take actions;

5) appeals of the recoverer, debtor or bailiff to the court, other body or to the official who issued the executive document, with a statement for clarification of the provisions of the executive document, the method and procedure for its execution;

6) in other cases provided for by Article 40 of this Federal Law.

Article 40

1. Enforcement proceedings are subject to suspension by a bailiff in whole or in part in the following cases:

1) the death of the debtor, declaring him dead or declaring him missing, if the requirements or obligations established by a judicial act, act of another body or official allow succession;

2) loss of legal capacity by the debtor;

3) the participation of the debtor in hostilities as part of the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with the legislation of the Russian Federation, the performance by the debtor of tasks in a state of emergency or martial law, an armed conflict, or at the request of a claimant who is in the same conditions;

4) revocation from the debtor - credit institution of a license to carry out banking operations, with the exception of enforcement proceedings, which, in accordance with the Federal Law "On Banks and Banking Activity", are not suspended;

5) application by the arbitration court in respect of the debtor-organization of the bankruptcy procedure in the manner established by Article 96 of this Federal Law;

6) acceptance by the court for consideration of the debtor's claim for deferment or installment payment of the collection of the performance fee, reduction of its size or exemption from the collection of the performance fee;

7) sending a bailiff-executor to the Federal Tax Service or the Bank of Russia notification of seizure of the property of the debtor-organization specified in paragraph 4 of part 1 of Article 94 of this Federal Law.

2. Enforcement proceedings may be suspended by a bailiff in whole or in part in the following cases:

1) the debtor is undergoing treatment in an inpatient medical institution;

2) search for a debtor-citizen or search for a child;

3) the request of the debtor passing military service on conscription in the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with the legislation of the Russian Federation;

4) sending a resolution on the instruction to perform certain executive actions and (or) apply individual measures compulsory execution in accordance with Part 6 of Article 33 of this Federal Law.

3. The chief bailiff of the Russian Federation, the chief bailiff of the subject of the Russian Federation and their deputies have the right to suspend enforcement proceedings in the event of a complaint against a decision, actions (inaction) of officials of the bailiff service subordinate to them.

Article 41
about an administrative offense

The execution of a judicial act, act of another body or official in a case of an administrative offense may be suspended by a court, other body or official that issued the executive document, on the grounds and in the manner established by federal law.

Article 42

1. Enforcement proceedings are suspended by a court or a bailiff until the circumstances that gave rise to the suspension of enforcement proceedings are eliminated.

2. The court or the bailiff resumes the suspended enforcement proceedings after the elimination of the circumstances that served as the basis for its suspension.

Article 43. Termination of enforcement proceedings

1. Enforcement proceedings are terminated by the court in the following cases:

1) the death of the claimant-citizen (debtor-citizen), declaring him dead or declaring him missing, if the requirements or obligations established by a judicial act, act of another body or official cannot be transferred to the successor and cannot be implemented by the trustee appointed by the guardianship body and guardianship;

2) the loss of the possibility of executing a writ of execution obliging the debtor to perform certain actions (refrain from performing certain actions);

3) the claimant's refusal to receive the thing seized from the debtor during the execution of the enforcement document containing the requirement to transfer it to the claimant;

4) in other cases when the federal law provides for the termination of enforcement proceedings.

2. Enforcement proceedings are terminated by a bailiff in the following cases:

1) the adoption by the court of an act on the termination of the execution of the executive document issued by it;

2) acceptance by the court of the refusal of the recoverer to collect;

3) approval by the court of a settlement agreement between the recoverer and the debtor;

4) cancellation of the judicial act on the basis of which the enforcement document was issued;

5) cancellation or invalidation of the enforcement document, on the basis of which the enforcement proceedings were initiated;

6) termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, act of another body or official in a case of an administrative offense by a court, other body or official that issued the executive document.

Article 44. Consequences of termination of enforcement proceedings

1. In the decision to terminate the enforcement proceedings, the bailiff cancels all the enforcement measures assigned to him, including the seizure of property, as well as the restrictions established for the debtor.

2. Simultaneously with the issuance of a decision to terminate the main enforcement proceedings, with the exception of the termination of enforcement proceedings on the grounds established by paragraphs 4 and 5 of part 2 of Article 43 of this Federal Law, the bailiff initiates enforcement proceedings on unfulfilled or partially executed orders to recover from the debtor's expenses for the commission of enforcement actions, the performance fee and fines imposed by the bailiff-executor in the process of execution of the executive document.

3. If, after the termination of the main enforcement proceedings, the enforcement proceedings provided for in paragraph 2 of this article are initiated, then the restrictions established for the debtor during the main enforcement proceedings are retained by the bailiff in the amount necessary for the execution of the newly initiated enforcement proceedings.

4. Copies of the decision of the bailiff-executor to terminate enforcement proceedings, to cancel enforcement measures and to initiate enforcement proceedings in the manner prescribed by part 2 of this article, are sent to the recoverer, debtor, court, other body or official that issued the executive document, as well as to the bodies (persons) executing decisions on the establishment of restrictions for the debtor, within three days from the date of the decision to terminate enforcement proceedings.

5. The executive document, on which the enforcement proceedings are terminated, remains in the materials of the terminated enforcement proceedings and cannot be re-submitted for execution.

Article 45

1. Suspension and termination of enforcement proceedings initiated on the basis of a writ of execution issued by an arbitration court are carried out by the same arbitration court or arbitration court in the area of ​​activity of which the bailiff performs his duties.

2. Suspension and termination of enforcement proceedings by an arbitration court are carried out in the following cases:

1) execution of executive documents specified in clauses 5, 6 and 8 of part 1 of Article 12 of this Federal Law in relation to an organization or citizen carrying out entrepreneurial activity without formation of a legal entity;

2) execution of the decision of the bailiff in accordance with part 16 of Article 30 of this Federal Law, if the debtor is an organization or a citizen engaged in entrepreneurial activities without forming a legal entity.

3. In cases not provided for by paragraphs 1 and 2 of this article, the suspension and termination of enforcement proceedings are carried out by a court of general jurisdiction, in the area of ​​activity of which the bailiff performs his duties.

4. An application for suspension or termination of enforcement proceedings is considered by a bailiff within ten days from the date of receipt of the application. Based on the results of consideration of the application, the bailiff shall issue a decision to suspend or terminate the enforcement proceedings or to refuse to suspend or terminate the enforcement proceedings.

5. A judicial act, an act of another body or official on the suspension or termination of the execution of the executive document is subject to immediate execution from the moment it is received by the bailiff.

6. On the suspended enforcement proceedings, before its resumption, the application of compulsory enforcement measures is not allowed.

7. After the elimination of the circumstances that served as the basis for the suspension of enforcement proceedings, it is resumed at the request of the recoverer or at the initiative of the bailiff.

Article 46
production

1. The executive document, for which the recovery was not made or made partially, is returned to the recoverer:

1) at the request of the claimant;

2) if it is impossible to execute an enforcement document obliging the debtor to perform certain actions (refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property, or to obtain information about the availability of funds belonging to him and other valuables that are on accounts, in deposits or stored in banks or other credit organizations, except in cases where this Federal Law provides for the search for the debtor or his property;

4) if the debtor does not have property that can be levied, and all accepted by the bailiff permissible by law measures to find his property were unsuccessful;

5) if the recoverer refused to retain the debtor's property that was not sold during the execution of the enforcement document;

6) if the creditor by his actions prevents the execution of the enforcement document.

2. In the cases provided for in paragraphs 2-6 of part 1 of this article, the bailiff draws up an act on the existence of circumstances, in accordance with which the executive document is returned to the recoverer. The act of the bailiff-executor is approved by the senior bailiff.

3. The bailiff shall issue a decision on the completion of enforcement proceedings and on the return of the executive document to the recoverer.

4. The return to the recoverer of the executive document is not an obstacle to the repeated presentation of the executive document for execution within the period established by Article 21 of this Federal Law.

Article 47

1. Enforcement proceedings end with a bailiff in the following cases:

1) the actual fulfillment of the requirements contained in the executive document;

2) the actual execution at the expense of one or several debtors of the requirement for a joint and several recovery contained in the enforcement documents combined into a consolidated enforcement proceeding;

3) return to the recoverer of the executive document on the grounds provided for in Article 46 of this Federal Law;

4) return of the enforcement document at the request of the court, other body or official that issued the enforcement document;

5) sending a writ of execution from one division of bailiffs to another;

6) liquidation of the debtor-organization and sending a writ of execution to the liquidation commission (liquidator), with the exception of the writ of execution specified in Part 4 of Article 96 of this Federal Law;

7) declaring the debtor-organization bankrupt and sending an enforcement document to the bankruptcy trustee, with the exception of the enforcement documents specified in Part 4 of Article 96 of this Federal Law;

8) sending a copy of the executive document to the organization to withhold periodic payments established by the executive document;

9) the expiration of the limitation period for the execution of a judicial act, act of another body or official in a case of an administrative offense (taking into account the provisions provided for by Part 9 of Article 36 of this Federal Law), regardless of the actual execution of this act.

2. The original of the enforcement document in the cases provided for in paragraphs 1, 2, 8 and 9 of part 1 of this article remains in the completed enforcement proceedings. In other cases, a copy of the enforcement document remains in the completed enforcement proceedings.

3. A decision is issued on the completion of enforcement proceedings indicating the fulfillment of the requirements contained in the executive document, in full or in part, or their non-fulfillment. At the end of the consolidated enforcement proceedings on enforcement documents containing a requirement for joint recovery, the resolution indicates from which debtor and in what amount the joint recovery was made.

4. In the resolution on the completion of enforcement proceedings, the search for the debtor, his property, the search for the child, as well as the restrictions established for the debtor, including restrictions on leaving the Russian Federation and restrictions on the rights of the debtor to his property, are canceled. At the end of enforcement proceedings in connection with its transfer to another division of bailiffs on the grounds established by this Federal Law, the cancellation of the search for the debtor, his property, the search for the child, as well as the restrictions established for the debtor may not be made. The powers to cancel the search, as well as to change and cancel the restrictions, are transferred to the bailiff, to whom the enforcement proceedings have been transferred.

5. If after the end of the main enforcement proceedings, the enforcement proceedings provided for by Part 7 of this Article are initiated, then the restrictions established for the debtor during the main enforcement proceedings are retained by the bailiff in the amount necessary for the execution of the newly initiated enforcement proceedings.

6. Copies of the decision of the bailiff-executor on the completion of enforcement proceedings no later than the day following the day of its issuance shall be sent to:

1) to the recoverer and the debtor;

2) to the court, other body or official who issued the writ of execution;

3) to a bank or other credit organization, other organization or body that fulfilled the requirements for imposing restrictions on the debtor and (or) his property;

4) to the organization or body that carried out the search for the debtor, his property, search for the child.

7. Simultaneously with the issuance of a decision on the completion of the main enforcement proceedings, the bailiff initiates enforcement proceedings on not fully or partially executed orders to recover from the debtor the costs of performing enforcement actions, enforcement fees and fines imposed by the bailiff in the process of execution of the executive document . The resolution on the initiation of such enforcement proceedings is sent together with the resolution on the completion of the main enforcement proceedings to the debtor, and, if necessary, to other persons.

8. At the end of the enforcement proceedings for the recovery of periodic payments, the bailiff has the right to perform the enforcement actions provided for in clause 16 of part 1 of article 64 of this Federal Law, independently or in the manner established by part 6 of article 33 of this Federal Law.

9. During the period of presentation of the executive document for execution, the decision of the bailiff on the completion of the enforcement proceedings may be canceled by the senior bailiff on his own initiative or at the request of the claimant, if necessary recommission executive actions and application, including repeated, enforcement measures.

Continued in the next issue of "EJ Dossier"

May 13, December 30, 2008, June 3, July 19, September 27, December 17, 2009, July 27, 2010, February 7, April 21, June 27, July 11, 18, November 21, 28, 30 , December 3, 6, 7, 2011, July 28, 2012, April 5, July 23, December 21, 28, 2013, March 12, May 5, July 21, October 14, 22, December 22, 29, 2014 March 8, April 6, June 29, November 28, December 29, 30, 2015, March 9, 30, May 1, July 3, December 28, 2016, May 28, July 18, 26, 29, November 14, December 5, 31, 2017, March 7, April 23, June 4, August 3, November 28, December 27, 2018, February 21, March 6, July 26, August 2, October 1, 17, 12 November 2019

Chapter 1. Basic Provisions

Article 1 Scope of this Federal Law

1. This Federal Law determines the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials who, in the exercise of the powers established by federal law, have been granted the right to impose on foreign states, individuals (hereinafter also referred to as citizens), legal entities, the Russian Federation, subjects of the Russian Federation, municipal formations (hereinafter also referred to as organizations) are obliged to transfer funds and other property to other citizens, organizations or to the appropriate budgets or to perform certain actions in their favor or refrain from performing certain actions.

2. The conditions and procedure for the execution of judicial acts on the transfer to citizens, organizations of funds of the corresponding budget of the budgetary system of the Russian Federation are established by the budgetary legislation of the Russian Federation.

3. The conditions and procedure for the execution of individual judicial acts, acts of other bodies and officials may be established by other federal laws.

Article 2 Tasks of enforcement proceedings

The tasks of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in cases provided for by the legislation of the Russian Federation, the execution of other documents in order to protect the violated rights, freedoms and legitimate interests of citizens and organizations, as well as to ensure the fulfillment of obligations under international treaties of the Russian Federation.

Article 3 Legislation of the Russian Federation on enforcement proceedings

1. The legislation of the Russian Federation on enforcement proceedings is based on the Constitution of the Russian Federation and consists of this Federal Law, federal law dated July 21, 1997 N 118-FZ "On Bailiffs" (hereinafter - the Federal Law "On Bailiffs") and other federal laws governing the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials.

2. The norms of federal laws regulating the conditions and procedure for the enforcement of judicial acts, acts of other bodies and officials must comply with this Federal Law.

3. On the basis of and in pursuance of this Federal Law, the President of the Russian Federation and the Government of the Russian Federation shall adopt regulatory legal acts on issues of ensuring enforcement proceedings.

4. If an international treaty of the Russian Federation establishes other rules than those provided for by the legislation of the Russian Federation on enforcement proceedings, then the rules of the international treaty shall apply.

Article 4 Principles of enforcement proceedings

Enforcement proceedings are carried out on the principles of:

3. Failure to comply with the legal requirements of the bailiff, as well as obstruction of the implementation by the bailiff of the functions of executing judicial acts, acts of other bodies and officials shall entail liability under the legislation of the Russian Federation.

Article 6.1. Data Bank in Enforcement Proceedings

1. The Federal Bailiff Service creates and maintains, including in in electronic format, a data bank containing information necessary for the implementation of tasks for the enforcement of judicial acts, acts of other bodies and officials (hereinafter referred to as the data bank).

2. The procedure for the formation and maintenance of a data bank is determined by the chief bailiff of the Russian Federation.

3. Public are the following information contained in the data bank:

1) the date of adoption of a judicial act, act of another body or official;

2) type of executive document, its number, name of the body that issued the executive document;

3) date of initiation of enforcement proceedings;

4) number of enforcement proceedings;

5) name of the debtor (for citizens - last name, first name, patronymic (if any), date of birth, place of birth; for organizations - name and address indicated in a single state register legal entities, actual address);

6) the requirement contained in the executive document, with the exception of the requirement contained in the executive document issued on the basis of a judicial act, the text of which, in accordance with the legislation of the Russian Federation, is not subject to placement on the Internet, and data on the recoverer;

6.1) the amount of outstanding debt under the executive document;

7) the name and address of the division of bailiffs in which enforcement proceedings are initiated (conducted);

8) data on the announcement of the search for the debtor, his property or the search for the child (for a child - last name, first name, patronymic (if any) and year of birth);

9) information about the return of the writ of execution to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of article 46, paragraphs 6 and 7 of part 1 of article 47 of this Federal Law.

4. The information specified in paragraph 3 of this article shall be publicly available until the day of completion or termination of enforcement proceedings, with the exception of data on the announcement of the search for the debtor, his property or the search for a child, which are publicly available until the discovery of these persons or property, as well as information on the return executive document to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the termination of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law, which are publicly available within three years from the date of termination executive production.

5. From the date of initiation of enforcement proceedings, the information necessary for the collection of debts under the executive document is sent by the Federal Bailiff Service to the State information system on state and municipal payments in the manner and terms stipulated part 5 of article 21.3 Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services". A bank, other credit organization, organization of the federal postal service, other bodies and organizations through which funds are paid to pay off debts in enforcement proceedings are required to send information about their payment to the State Information System on State and Municipal Payments in the manner and terms envisaged part 4 of article 21.3 Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services".

Article 7 Bodies, organizations and citizens fulfilling the requirements contained in judicial acts, acts of other bodies and officials

1. In the cases provided for by federal law, the requirements contained in judicial acts, acts of other bodies and officials are executed by bodies, organizations, including state bodies, local governments, banks and other credit organizations, officials and citizens.

2. The bodies, organizations and citizens specified in Part 1 of this Article shall comply with the requirements contained in judicial acts, acts of other bodies and officials, on the basis of executive documents specified in Article 12 of this Federal Law, in the manner established by this Federal Law and other federal laws.

Article 8 Fulfillment of the requirements contained in judicial acts, acts of other bodies and officials, banks and other credit organizations

1. An executive document on the recovery of funds or on their arrest may be sent to a bank or other credit organization directly by the claimant.

2. Simultaneously with the writ of execution, the recoverer shall submit to the bank or other credit organization an application indicating:

1) details of the bank account of the recoverer, to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if any), details of a migration card and a document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

of paragraph 2 of this article, about the claimant and about himself.

4. Has expired.

Article 8.1. Compliance with the requirements of judicial acts by issuers and professional participants in the securities market

1. A writ of execution on debiting a personal account or depo account of a debtor and on crediting a recoverer of emissive securities to a personal account or depo account (hereinafter referred to as a writ of execution on debiting securities) may be sent by the recoverer directly to the issuer, if he independently carries out activities for keeping the register of owners of such securities, or to the holder of the register maintaining the register of owners of emissive securities on behalf of the issuer, or to the depository keeping records of the rights to emissive securities of the debtor, provided that the exactor has information about the securities available on the specified accounts of the debtor.

2. Simultaneously with the writ of execution on the write-off of securities, the recoverer shall submit an application containing the information provided for in clauses 2 and 3 of part 2 of Article 8 of this Federal Law. The representative of the recoverer shall submit a document certifying his authority, and the information provided for by this article, about the recoverer and about himself.

3. An executive document on write-off of securities is subject to execution by a person who records the rights to issue-grade securities of the debtor.

4. When transferring documents constituting the system for maintaining the register of owners of emissive securities, transferring emissive securities from a personal account to a depo account or from a depo account to a personal account, or by one depository to another depository, unexecuted or partially executed executive documents on writing off securities are transferred to a new person registering the rights to equity securities of the debtor.

Article 9 Execution by persons paying periodic payments to a debtor-citizen of a judicial act, an act of another body or official

1. An executive document on the recovery of periodic payments, on the recovery of funds not exceeding one hundred thousand rubles in amount, may be sent to an organization or other person paying wages, pensions, stipends and other periodic payments to the debtor, directly by the collector.

2. Simultaneously with the executive document, the recoverer submits an application, which indicates:

1) details of the bank account to which funds should be transferred, or the address to which funds should be transferred;

2) last name, first name, patronymic, details of the identity document of the claimant-citizen;

3) name, identification number of the taxpayer or code of the foreign organization, state registration number, address of the recoverer - legal entity.

3. The representative of the recoverer shall submit a document certifying his powers, and information specified in paragraph 2 of this article about the recoverer.

4. The persons referred to in Part 1 of this Article shall index the periodic payments paid in order to compensate for harm caused to life or health, under a life maintenance agreement and in other cases established by law, in the manner established by the legislation of the Russian Federation. These persons are obliged to issue an order (instruction) on such indexation.

Article 10 Execution of judicial acts, acts of other bodies and officials in relation to foreign citizens, stateless persons, foreign states and foreign organizations

When executing on the territory of the Russian Federation judicial acts, acts of other bodies and officials in respect of foreign citizens, stateless persons, foreign states and foreign organizations, the provisions of this Federal Law shall apply to them. A foreign state enjoys immunity in relation to the execution of a court decision in accordance with federal law dated November 3, 2015 N 297-FZ "On jurisdictional immunities foreign state and property of a foreign state in the Russian Federation".

Approved on October 2, 2007, 229-FZ "On Enforcement Proceedings" was adopted by the State Duma on September 14 and approved by the Federation Council on September 19 of the same year. The normative act defines the procedure and conditions for the enforcement of decisions and decisions of judicial and other bodies, as well as their employees, whose powers include the right to impose on the Ministry of Defense, regions, the Russian Federation, organizations, citizens the obligation to transfer to other entities or to the budgets of the corresponding levels of funds and other material values, to perform the established actions in their favor or refrain from doing so. Let us further consider some of the provisions of 229-FZ of October 2, 2007.

Key tasks

Enforcement proceedings ensure the correct and timely implementation of other structures, employees, and in established by law cases and other documents to protect the legitimate interests, rights and freedoms of organizations and citizens. The procedure and conditions for the transfer of funds from the budget of the corresponding level to the subjects are determined in the BC.

Principles

FZ-229 defines the following key provisions for the implementation of activities related to the enforcement of decisions of authorized structures:

1. Timeliness of actions and application of established measures of influence.
2. Legality. The activities of authorized employees and bodies must comply with the provisions of the current regulations, constitutional in the first place.
3. Correspondence of the volume of claims and coercive measures applied to debtors.
4. Respect for the dignity and honor of citizens.
5. Inviolability of the minimum property. The norms determine the amount of material assets that is necessary for the existence of the debtor and his relatives.

Authorized authorities

The considered one establishes that the compulsory implementation of acts of courts and other bodies, as well as civil servants, is within the competence of the FSSP and the territorial bodies of the service. Bailiffs apply coercive measures against debtors within their powers. Their rights are determined by federal law.

Mandatory requirements of FSSP employees

"On Enforcement Proceedings" establishes that the decisions of bailiffs apply to all state / municipal bodies, all legal entities and individuals. The requirements of employees are subject to strict observance throughout the country. In case of non-compliance with the instructions, the bailiffs take the measures provided for in the commented law. Failure to comply with the requirements, obstruction of the performance by employees of their functions entails liability established by regulations.

Debtors

229-FZ "On Enforcement Proceedings" determines that in cases established by regulatory enactments, the requirements that are present in the decisions of courts, other bodies, decisions of officials are implemented by structures, organizations, state and municipal, including banks and other credit enterprises, citizens and employees. These entities comply with the requirements on the basis of the documents referred to in Art. 12.

Compliance with the requirements of banking and other credit institutions

FZ-229 allows sending a document on the recovery of funds or their arrest to the appropriate financial structure by a directly interested person. Together with him, the subject submits an application to a banking or other credit organization. It should contain:

FZ-229 establishes that a document received for collection in a banking or other credit institution after the revocation of a license is returned to the entity that sent it, without satisfying the requirements.

Nuances

In Art. 9 FZ-229 defines the procedure for the implementation of the requirements provided for in the decision of the court, another body or employee, by an enterprise making periodic payments to the debtor. The document, on the basis of which the recovery of an amount less than 25 thousand rubles is established, can be sent to the organization or person accruing a pension, salary, scholarship, etc. to the obligated subject, directly by the creditor. Together with this paper, he must submit an application. It also indicates the details of the account for the transfer, full name, details of the document confirming the identity of the exactor citizen, or TIN, name, code of the foreign organization, registration number, address of registration and location of the creditor-organization.

229-FZ "On executive pr-ve" establishes that the implementation judgments, decisions of other bodies and employees in relation to foreign legal entities and individuals, subjects without citizenship, is carried out in accordance with the rules of the commented normative act.

Types of supporting documents

"On Enforcement Proceedings" defines the following categories of papers, in accordance with which the collection is carried out by employees of the FSSP:

1. Court Orders.
2. Executive sheets. They are issued by courts of general jurisdiction and arbitrations in accordance with the acts adopted by them.
3. Alimony agreements. These documents and their copies must be certified by a notary.
4. Certificate issued by the labor dispute committee.
5. Resolutions of the bodies exercising control functions on the recovery of funds with the attachment of papers, in which there are marks of banking or other credit institutions that service the settlement and other accounts of the debtor, on partial / complete non-fulfillment of requirements due to the lack of a sufficient amount of money on the account.
6. Judicial acts, decisions of other institutions of power, officials in administrative cases.
7. Bailiff's decision.
8. Acts of other bodies in the cases provided for by the norms.

In the event of the loss of the original document, its duplicate acts as the basis for the implementation of the claims imputed to the debtor. It is issued by a court, other body, an official who issued the relevant decision / decision, in the prescribed manner. The document on which enforcement proceedings were initiated is contained in the case file. The bailiff sends the decision to the relevant subject with a copy of the IL attached.

Document Requirements

The executive papers state:

1. Name and location of the court that issued the document, initials and surname of the employee.
2. The name of the materials or cases on the basis of which the IL was provided, their numbers.
3. Date of issuance of the act by the court or other body, official.
4. The calendar date for the entry into force of the decision or an indication of the immediate implementation of the requirements specified in it.
5. The operative part of the resolution. It should contain a requirement to impose on the subject the obligation to transfer funds or other property to the applicant, to perform certain actions in favor of the latter or to abstain from them.
6. Date of issue of the executive paper.

The document must also contain information about the applicant and the debtor:

The specified rules for registration do not apply to an agreement on the payment of alimony, certified by a notary, a court order, as well as a decision of an employee of the FSSP. If, before the issuance of the enforcement paper, an installment / deferral of the implementation of the requirements is provided, then it indicates the beginning of the period for the implementation of the requirements. The document, which is provided on the basis of a judicial act or is it, is signed by the judge and certifies with the official seal. An executive paper issued in accordance with a decision of another body or being a decision of another structure is endorsed by its official. It also has a stamp on it.

bailiff's decision

This document must contain the following information:

Additionally

The bailiff or other employee of the FSSP may, on his own initiative or at the request of the participants in the proceedings, correct arithmetic errors or omissions made in the decision. This procedure is carried out by issuing an act on making corrections to a previously drawn up document. The decision of the bailiff must be executed within the time specified in it. The appeal of the act is carried out in order of subordination to a higher employee of the FSSP or in the court. In the latter case, the applicant must be guided by the provisions of the procedural law.