Article 47 part 1 point 6. Completion of enforcement proceedings. Codes of the Russian Federation in the current edition

Article 47 Termination enforcement proceedings

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law dated 30.01.2020
entered into force on 01.02.2008

Art. 47 Enforcement Proceedings Act in the latest the current edition dated October 1, 2019.

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Compare with the version of the article dated 06/09/2017 01/15/2016 10/01/2015 01/10/2014 01/01/2012 10/21/2011 07/15/2011 02/01/2008

Enforcement proceedings end with a bailiff in the following cases:

In executive document bailiff makes a note on the full execution of the requirement of the executive document or indicates the part in which this requirement is fulfilled. In the event that the enforcement proceedings are completed in connection with the return of the executive document to the recoverer on the grounds provided for in Article 46 of this Federal Law, the bailiff makes a note in the executive document indicating the basis on which the executive document is returned to the recoverer, and the period during which the executive document was carried out proceedings, as well as the amount recovered, if there was a partial execution. 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.

On the completion of the enforcement proceedings, a decision is issued 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.

In the resolution on the completion of the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, preliminary protection measures, 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 Russian Federation, for use special rights provided to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

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.

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 a court, other body or official who issued the executive document;
3) to a bank or other credit organization, another organization or body that fulfilled the requirements for establishing 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.

Simultaneously with the issuance of a decision on the completion of the main enforcement proceedings, with the exception of the termination of enforcement proceedings on the grounds established by paragraph 3 or 4 of part 1 of Article 46 of this Federal Law or paragraph 4, 6 or 7 of part 1 of this article, the bailiff initiates enforcement proceedings on unexecuted in full or in part of the resolutions on the recovery from the debtor of the costs of committing executive action and the performance fee imposed by the bailiff-performer in the process of execution of the executive document. The resolution on the initiation of such enforcement proceedings shall be sent together with the resolution on the termination of the main enforcement proceedings, with the exception of the termination of the enforcement proceedings on the grounds established by clause 3 or 4 of part 1 of Article 46 of this Federal Law or by clause 4, 6 or 7 of part 1 of this article, to the debtor, and, if necessary, to others.

Upon completion 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 prescribed by Part 6 of Article 33 of this Federal Law.

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

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;

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 bankrupt and sending an enforcement document to an arbitration manager, with the exception of the enforcement documents specified in Part 4 of Article 69.1 and 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) expiration of the limitation period for performance judicial act, act of another body or official in the case of 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. In the executive document, the bailiff makes a note on the full execution of the requirements of the executive document or indicates the part in which this requirement is fulfilled. In the event that the enforcement proceedings are completed in connection with the return of the executive document to the recoverer on the grounds provided for in Article 46 of this Federal Law, the bailiff makes a mark in the executive document indicating the basis on which the executive document is returned to the recoverer, and the period during which the executive document was carried out proceedings, as well as the amount recovered, if there was a partial execution. 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 the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, measures of preliminary protection, 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, are canceled. Federation, to use the special rights granted to the debtor in accordance with the legislation of the Russian Federation, and to restrict the debtor's rights to his property.

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 end of the main enforcement proceedings, with the exception of the end of the enforcement proceedings on the grounds established by paragraph 3 or 4 of part 1 of Article 46 of this Federal Law or paragraph 4, 6 or 7 of part 1 of this article, the bailiff initiates executive proceedings for not fully or partially executed orders to recover from the debtor the costs of enforcement actions and the performance fee imposed by the bailiff in the process of execution of the executive document. The resolution on the initiation of such enforcement proceedings shall be sent together with the resolution on the termination of the main enforcement proceedings, with the exception of the termination of the enforcement proceedings on the grounds established by clause 3 or 4 of part 1 of Article 46 of this Federal Law or by clause 4, 6 or 7 of part 1 of this article, to the debtor, and, if necessary, to others.

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-performer on the completion of enforcement proceedings may be canceled by the senior bailiff or his deputy on his own initiative or at the request of the claimant, if it is necessary to re-commit executive actions and apply, including repeated, enforcement measures.

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1) to the recoverer and the debtor;

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Codes of the Russian Federation in the current edition

Collection of federal laws of the Russian Federation (FZ RF)

229 fz on enforcement proceedings art 47

Federal Law No. 229-FZ of 02.10.2007 “On Enforcement Proceedings”:

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Article 47 of the Federal Law No. 229-FZ. Completion of enforcement proceedings

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

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

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

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

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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.

4. In the resolution on the completion of the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, 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, on the use special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

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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.

Comments on Article 47 of the Law on Enforcement Proceedings

For clarifications on the application of the norms of Article 47 of the law on the completion of enforcement proceedings, see paragraphs of the Resolution of the Plenum Supreme Court RF dated November 17, 2015 N 50 “On the application of legislation by courts when considering certain issues arising in the course of enforcement proceedings”:

completion of enforcement proceedings in the absence of the debtor's property, which may be levied;
completion of enforcement proceedings on the collection of periodic payments;
completion of enforcement proceedings (including consolidated) in connection with the actual execution by the debtor or one of the joint and several debtors of the requirements contained in the executive document;
completion of enforcement proceedings upon detection of shortcomings in individually defined property (or defined by generic characteristics) subject to transfer by the debtor, and if the claimant refuses to accept such property;
the actual execution of the executive document during the bailiff-executor offsetting counter homogeneous claims, confirmed by executive documents for the recovery of funds;
cancellation of the decision to terminate enforcement proceedings if the debtor ceased to perform actions, fulfill requirements of a periodic nature or violated the prohibition on performing actions in respect of which it was issued performance list;
completion of enforcement proceedings on the reinstatement of the employee at the previous job and payment to the employee average earnings for the entire time of forced absence

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

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

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;

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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;

(Clause 7 as amended by Federal Law No. 154-FZ of June 29, 2015)

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

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(As amended by Federal Laws No. 196-FZ dated July 11, 2011, No. 101-FZ dated May 28, 2017)

4. In the resolution on the completion of the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, 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, on the use special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

(as amended by Federal Laws No. 196-FZ of 11.07.2011, No. 389-FZ of 03.12.2011, No. 340-FZ of 28.11.2015)

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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.

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(as amended by Federal Laws No. 225-FZ of 18.07.2011, No. 441-FZ of 28.12.2013)

(as amended by Federal Law No. 225-FZ of July 18, 2011)

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Chapter 6. PERSONS PARTICIPATED IN EXECUTIVE PROCEEDINGS

Federal Law "On Enforcement Proceedings" of the Russian Federation - N 229-FZ - establishes the rules and procedure for the enforcement of judicial acts, acts of other bodies and legalized officials who are given legal powers assign to the physical and legal persons, on Russia and its constituent entities, as well as on municipal organizations, the obligation either to transfer money and other property to other people, companies or to the appropriate budgets, or to commit in their favor certain actions or on the inadmissibility of certain actions. Regulates such issues as the expansion of the rights of the parties to enforcement proceedings, the procedure and conditions for appealing against decisions, the sequence of selling the debtor's property at auction, the terms and regime for appealing against decisions, actions and inactions of service officials bailiffs, enforcement measures, foreclosure on the debtor's property, etc.

Federal Law "On Enforcement Proceedings" No. 229-FZ was adopted on September 14, 2007.

Article 47

Art. 47 Law on Enforcement Proceedings, last valid edition of June 9, 2017.

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There are no new versions of the article that have not entered into force.

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) became invalid from January 1, 2012. - Federal Law of 03.12.2011 N 389-FZ;
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 bankrupt and sending an enforcement document to an arbitration manager, with the exception of the enforcement documents specified in Part 4 of Article 69.1 and 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. In the executive document, the bailiff makes a note on the full execution of the requirements of the executive document or indicates the part in which this requirement is fulfilled. In the event that the enforcement proceedings are completed in connection with the return of the executive document to the recoverer on the grounds provided for in Article 46 of this Federal Law, the bailiff makes a note in the executive document indicating the basis on which the executive document is returned to the recoverer, and the period during which the executive document was carried out proceedings, as well as the amount recovered, if there was a partial execution. 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.

4. In the resolution on the completion of the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, 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, on the use special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property.

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6. Copies of the decision of the bailiff-executor on the completion of the 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.

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Comments to Art. 47

Art. 47 Enforcement Proceedings Act

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FEDERAL LAW dated 02.10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS"

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;

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;

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;

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.

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.

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.

9. During the period of presentation of the executive document for execution, the decision of the bailiff-performer on the completion of enforcement proceedings may be canceled by the senior bailiff on his own initiative or at the request of the claimant if it is necessary to re-commit executive actions and apply, including repeated, enforcement measures .

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

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

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;

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

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.

AT legal practice the end of the process is initiated by objective reasons that should change the state of the case due to the execution of the decision and the fulfillment of all obligations of the parties specified in the writ of execution, and the termination is initiated when the ruling on the case is canceled, the appeal, newly arisen insuperable reasons, related and not related to the decision, which make it impossible to perform.

The termination and termination of enforcement measures differ according to the reasons and procedure for use. In the ideal case, the end of enforcement proceedings (hereinafter IP) is associated with the settlement of all claims, the restoration of the rights of the plaintiff and the achievement by the bailiff service of the goal of the court verdict. The procedure for completing the process is regulated by Article and federal law №229.

Since the purpose of the FSSP service is to execute the conclusion of a court or an authority, its competence includes imposing a penalty, and the result of its work is a closed writ of execution (hereinafter referred to as IL), a fine paid, confirmed by payment documents, an executed court order or an order to perform actions.

These actions are accompanied by documents confirming the completion of the process. In the IL, the bailiff carrying out the proceedings enters a note on full or partial implementation with an explanation of the amount of the penalty and the persons from whom it was received.

At the end of the execution, a decision is issued with the direction of its copies to all possible participants in the process:

claimant and defendant;
in court or executive bodies who initiated the production;
to the bodies that exercised restrictions on persons who violated the recovery procedure, carried out a search or executed a court decision related to such restrictions and became invalid as a result of the termination of actions;
to credit institutions that fulfilled the requirements of the SSP or to the employer of the defendant, who withheld money from his salary.

Foundations

The court that issued the documents can stop the case, court of Arbitration higher instance or a bailiff, guided by articles 46 and 47 of the Federal Law No. 229. The grounds for the termination of enforcement proceedings, on which a decision is made to complete it, are:

Full and comprehensive fulfillment of the requirements on the basis of which the proceedings were initiated. In this case, all debts were settled and the claims of the parties were resolved.
Petition for termination by the plaintiff due to conciliation and settlement or exhaustion of claims that occurred before the commencement of proceedings on court documents.
Refusal of execution by bailiffs and return of papers to the applicant for the reasons specified in Art. 46 FZ No. 229.
The initiative of the bodies that issued the executive acts to return them for review or cancellation of the conclusion or return of documents at the request of the applicant for other reasons.
Inability to fulfill the requirements due to the death of the defendant or the liquidation of the organization of the debtor.
Implementation of the bankruptcy procedure in respect of a person or organization that is a debtor. In this case, the debt burden is removed from them, but the decision on bankruptcy is made by the court is not easy and extremely rare.
In the case of the appointment of periodic payments, which are initiated by sending a copy of the executive documents of the organization to the payer. Since the functions of the joint venture are actually fulfilled, the case can be closed.
The limitation period for executive documents of courts or other bodies authorized to issue them, regardless of whether they have ended or not.

The reasons for the end of the process are divided into those that led to the execution of the prescribed actions and those that completed it without carrying out these actions. They must be documented and submitted to the bailiff conducting the proceedings for consideration.

If they are justified, the FSSP issues requirements for the completion of the IP with the delivery of copies of the decision no later than the day following its issuance.

An example of partial completion and return at the request of the court of the case for review is the proceedings that took place in the Stavropol Territory.

The director of one of the village schools of the Kursk district of the Stavropol Territory Ivanova K.K. due to a systematic violation of labor discipline and inconsistency with his position, he was in unilaterally the teacher of the Russian language and literature Petrova D.D. was fired. with the appointment of a penalty in the amount of a monthly bonus. Violations of labor discipline were documented.

Petrova D.D. did not agree with the wording of the reason for dismissal and challenged it in judicial order. The court confirmed the legality of the dismissal and issued a writ of execution for collection sum of money in the amount of a monthly bonus, since the accountant had already erroneously accrued it to Petrova D.D., and she received it. Petrova D.D. filed an appeal with the wording of the violation of the procedure for penalties under the Labor Code and the absence of a commission fixing a violation of labor discipline.

The court confirmed the correctness of Petrova D.D. and withdrew executive documents demanding her reinstatement. However, Ivanova K.K. having collected appeals from school employees with confirmation of violations by Petrova D.D. She appealed to the court demanding that the fine in the amount of a monthly bonus be upheld. The court decided to keep the fine in force, but since the participants in the process concluded settlement agreement and end of production.

Decree

The procedure for issuing and the sequence of actions in this case is described in accordance with Article 47 of the Federal Law No. 229. The form in which the decision to complete the enforcement proceedings is provided to the court and the parties to the participants, as well as an approximate sample of the decision, is contained in Appendix No. 110 of Order No. 318 on the FSSP of Russia.

The definition must contain the following items:

The name of the unit that carried out the collection actions.
Personal data of the bailiff.
Details of the court that issued the writ of execution.
Information about the person who initiated the proceedings.
Data on the completeness of the implementation of the court decision, the amount of payments, description sold property, description of accompanying documents.
Information about by-laws on which the collection was based.

According to Art. 47 of Federal Law No. 229, in the determination on the IL, the bailiff is obliged to indicate the completeness of the fulfillment of obligations and the period for carrying out enforcement actions. In the case of partial execution and return of the case to the defendant for the reasons described in Art. 46 on the document, the reason and circumstances that caused it are indicated.

When the decision to terminate the proceedings has already been issued by the court, on its basis, all restrictions that could be established in relation to the defendant in the case are removed, such as restrictions on travel abroad, restrictions on registration actions for vehicles, arrest of movable and immovable property.

Often the results of the work of the FSSP representatives do not satisfy one of the parties and she expresses a desire to change the state of affairs, recognizing the work of the bailiffs as inconsistent with the court decision.

In most cases, the reason for appealing decisions is negligent FSSP employees violating the rights of citizens to fair verdicts of the authorities and judicial errors. Since the conclusion on the case has already been issued, the cancellation of the decision to end the execution must be accompanied by a serious, justified reason.

It can become:

In the case when the decision to end the proceedings is appealed, it is important to comply with the deadlines. The complaint must be filed no later than ten days from the date of the ruling. The law does not establish legal aspects appeal process, therefore, in such cases, it is necessary to turn to judicial practice.

Term

The deadline for the completion of enforcement proceedings is regulated by the article. All requirements must be met within two months. If the requirements for terms fall under other legislative acts, then the term should be determined by them.

The resolution received by the regional branch of the FSSP must be worked out no later than fifteen days, unless a different procedure for execution is determined by the legislation of the Russian Federation.

However, the process can take place at other times if they are hindered by objective reasons that make it impossible to fulfill the duties of a bailiff. For example, the performance may be subject to weather conditions that create insurmountable circumstances.

In the event of their occurrence, the bailiff service suspends collection activities by attaching to the documents an act of the meteorological services that fixes these circumstances.

The time for which the execution was suspended within the framework of the law and not included in the period established by Federal Law No. 229 includes:

The period of suspension of production for reasons beyond the control of the FSSP.
Suspension or Postponement Period.
The time required for the sale of property, which was a security in the case.
The time for which the recovery was postponed or it was delayed for reasons the source of which was the employees of the FSSP.

If the court decision concerns an intangible civil status, then it must be executed immediately or no later than the first business day following the receipt of documents by the FSSP.

The actions of bailiffs often cause disagreement among citizens and are often illegal. Taking advantage of the low legal literacy of the population, some dishonest employees of the FSSP are trying to get personal benefits from their activities.

They offer all sorts of ways to circumvent court rulings or intimidate citizens with non-existent sanctions. It is necessary to appeal the decision, the issuance of a decision or the proven inaction of the bailiffs within ten days from the moment of its occurrence.

The procedure for drafting a complaint should take into account the hierarchy of subordination of the employees whose actions it is filed against. Since bailiffs work directly with citizens, their actions must be appealed to the senior bailiff, and so on through the levels of subordination.

If, for objective reasons, a complaint against a decision on the completion of enforcement proceedings cannot be considered at the FSSP department where it was filed, then the employee responsible for this document must send it within three days to the body that has the authority to this consideration.

If the inaction of the FSSP harms the plaintiff's side and threatens to disrupt the execution of the court decision, then it can also be appealed to a higher authority.

Resumption of enforcement proceedings after its completion

There are cases when enforcement proceedings require resumption after its formal completion. An example would be cases where the respondent changed jobs, in respect of which compulsory measures of a periodic nature are carried out.

Since the proceedings after sending a writ of execution to the employer of the payer of alimony or compensation for harm to health are formally considered completed, and the case is closed, when the payer changes jobs, it may be necessary to resume it.

In addition, the debtor himself often interferes with the execution of the judgment by hiding the property subject to foreclosure, change of residence and employment.

By concealing a new place of work and income, the defendant in the case commits illegal actions that interfere with the performance of a legal obligation. In this case, a second appeal to the court is not required, since in fact its decision was not implemented.

In this case, the solution to the problem is a letter to the bailiff with a request to return the enforcement proceedings in the case with a description of the violations of the payer. If the requirements are justified, and the debtor did not notify the FSSP about the change in his civil status and the new place of work, then the writ of execution is opened again, and the bailiffs carry out actions to search for the offender by all means available to them, up to putting him on the wanted list.

In addition, the bailiffs will oblige the debtor to repay the entire amount accumulated and demand a fine from him in the amount of the costs of the FSSP for his search and additional enforcement actions.

Conclusion

With the appearance in the procedural proceedings of the Russian Federation of a service responsible for the execution of court verdicts, a big step was taken towards legal society. Up to this point, it was not easy to enforce the decision, and the confusion with the powers of the enforcement authorities provided an opportunity for abuse.

With the modern organization of the bailiff service, legal procedures have become transparent, and their control is now available to ordinary citizens. Thanks to the development of the concept of e-government, the process of legal proceedings began to be automated.

Routine tasks that made enforcement proceedings inconvenient and cumbersome have been eliminated or simplified. This gives hope for an even greater reduction in the time of consideration in the future and the implementation of arbitration, without which a stable and most legitimate economic development states.

Thanks to the Internet, the time of receipt is reduced public service, which does not allow unscrupulous officials to abuse.

The development of the site fssprus.ru made it possible to file a complaint, get acquainted with the decision and legislative framework, evaluate the work of the FSSP.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.