Advocacy and notary office. The work of a lawyer at the stage of enforcement proceedings (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Advocacy and notary office. The work of a lawyer at the stage of enforcement proceedings (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

18. The work of a lawyer in the stage of enforcement proceedings

For the first time in the legislation regulating enforcement proceedings (Federal Law of July 21, 1997 No. 119 FZ "On Enforcement Proceedings"), the rules governing the participation of a representative in enforcement proceedings are fixed.

Most often, representatives in enforcement proceedings are involved in order to obtain qualified legal assistance in the process of executing a writ of execution.

In certain cases, the involvement of representatives in enforcement proceedings is mandatory, since some categories of citizens cannot personally exercise their rights and obligations (minors, incapacitated or partially capable, recognized as such in the manner prescribed by law).

Entities also cannot directly participate in enforcement proceedings, but act through their bodies or officials, or through representatives of these bodies and officials.

From the content of part 2 of Art. 33 it follows that bailiff persons representing various bodies or organizations must check the availability of documents confirming their official or official position (service certificates, etc.).

Article 33 of the said Law provides that claimant or debtor may participate in enforcement proceedings together with their representatives. The parallel participation of these persons is often found in practice and provides more complete protection of the rights and interests of the parties in enforcement proceedings.

Article 35 of the Federal Law of the Russian Federation "On Enforcement Proceedings" is devoted to determining the scope of powers of a representative, and, accordingly, a lawyer, if he acts as such, in enforcement proceedings. Based on the current legislation, the representative has the same scope of rights and obligations as the represented.

In Part 2 of Article 35, the legislator fixed such administrative actions of the recoverer and the debtor in enforcement proceedings, the right to commit which the representative must be specifically stipulated in a power of attorney or other document confirming his authority.

The rights in the interests of the person represented to present or withdraw a writ of execution, transfer powers to another person (i.e., make a transfer), appeal against the actions (inaction) of the bailiff, receive the property (including money) awarded under the writ of execution must be indicated in the power of attorney .

In all cases, when a representative is involved in the enforcement proceedings, the bailiff is obliged to check the scope of his powers.

Authors: Nevskaya M.A., Shalagina M.A.

<< Back: Conditions for the participation of a lawyer in appealing against decisions in civil cases

>> Forward: Participation of a lawyer in the arbitration process in the court of first instance

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ General surgery. Crib

▪ Fundamentals of social work. Crib

▪ History of culture. Lecture notes

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Passenger on x-ray 14.11.2002

At the airport in the American city of Orlando, passengers have recently had to go through a Reypiscan X-ray machine.

A special installation with ultra-weak radiation is able to see through only through clothing, its radiation almost does not penetrate the body, and the dose received by the passenger during such an inspection is extremely small. Such a dose can be obtained at home by watching three hockey games on TV.

But despite such a weak exposure, if some kind of weapon or contraband is hidden under the clothes, these objects clearly appear on the screen.

Other interesting news:

▪ Detection of ultraweak radio waves using a laser

▪ By 2025, HDD capacity will grow to 100 TB

▪ The deadly danger of ordinary dust

▪ Space Cognac

▪ A wooden house can withstand an earthquake

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Labor protection. Selection of articles

▪ Eldorado article. Popular expression

▪ article What is the difference between frogs and toads? Detailed answer

▪ Wood-Buffalo article. Nature miracle

▪ article Economical infrared generator. Encyclopedia of radio electronics and electrical engineering

▪ article High power triac controller. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews