Lecture No. 17. Enforcement proceedings

After the court decision enters into legal force, the decision acquires the property of enforceability, and only in some cases the court can bring the decision into immediate execution. If the court decision is not executed by the parties voluntarily, then it can be enforced. Compulsory execution is also regulated by the provisions of the Federal Law "On Enforcement Proceedings in the Russian Federation".

Forcibly, as a rule, are executed judgments on award claims. After the court decision enters into legal force, the recoverer is issued a writ of execution, and another writ of execution is sent for execution of the court decision. As a rule, one writ of execution is issued for each judgment.

But if the decision is made in favor of several plaintiffs, then at the request of the exactors, the court must issue several writ of execution. If the original writ of execution or court order (which also has the property of a writ of execution) is lost, the court may issue a duplicate.

At the same time, a court session is scheduled, after which a ruling is issued. If the writ of execution has been lost by an official, the bailiff has the right to impose a fine on the official in the amount of up to 20 minimum wages.

If there are circumstances that impede the execution of a court order or decisions of other bodies, the recoverer, debtor, bailiff has the right to bring before the court that considered the case, or before the court at the place of execution of the court order, the question of a delay or installment plan of execution, a change in the method and procedure execution, as well as on the indexation of the sums of money awarded (Article 434 of the Code of Civil Procedure of the Russian Federation).

Enforcement proceedings may be suspended both on a mandatory basis and at the initiative of the court.

The judge is obliged to suspend enforcement proceedings in the following cases (Article 436 of the Code of Civil Procedure of the Russian Federation):

1) the death of the debtor, declaring him dead or declaring him missing, if the legal relationship established by the court allows succession, as well as initiation of proceedings on the insolvency (bankruptcy) of the debtor by the arbitration court;

2) loss of legal capacity by the debtor;

3) participation of the debtor in hostilities, performance of tasks in a state of emergency or martial law, as well as in conditions of military conflicts, or at the request of a claimant participating in hostilities or in performing tasks in a state of emergency or martial law, as well as in conditions of military conflicts;

4) filing a claim for the release of property from arrest (exclusion from the inventory), which is foreclosed on a writ of execution;

5) contestation by the debtor of the executive document in court, if such contestation is allowed by federal law;

6) filing a complaint with the court against the actions of bodies or officials authorized to consider cases of administrative offenses;

7) issuance of a ruling by a judge, who is granted the right by federal law to suspend the execution of a court decision.

The judge may suspend enforcement proceedings in the following cases (Article 437 of the Code of Civil Procedure of the Russian Federation):

1) reorganization of the organization that is the debtor;

2) requests of a debtor who is doing military service by conscription or under a contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies created in accordance with the legislation of the Russian Federation;

3) the debtor is on a long business trip;

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

5) search for the debtor, his property or search for a child taken from the debtor;

6) appeals of the bailiff-executor to the court that issued the writ of execution, with a statement for clarification of the court decision adopted by him, subject to execution;

7) filing a complaint against the actions of a bailiff or his refusal to perform enforcement actions, as well as a refusal to challenge a bailiff.

After the elimination of the circumstances on which the enforcement proceedings were suspended, at the initiative of the court or the petition of the persons, the enforcement proceedings may be restored. In Art. 439 of the Code of Civil Procedure of the Russian Federation provides for cases of termination of enforcement proceedings by the court.

Enforcement proceedings are terminated if:

1) the recoverer has refused to collect or to receive the items confiscated from the debtor in the course of the execution of the court decision to transfer them to the recoverer;

2) the recoverer and the debtor have entered into an amicable agreement and it has been approved by the court;

3) after the death of a citizen who was a recoverer or debtor, or his declaration as dead or recognition as missing, the requirements or obligations established by a court decision cannot be transferred to the legal successor of the deceased or declared dead person or to the administrator of the property of the missing person;

4) the property of the liquidated organization is not sufficient to satisfy the claims of the exactor;

5) the limitation period established by federal law has expired for this type of recovery;

6) the court decision or act of another body, on the basis of which the enforcement document was issued, is cancelled.

If there are grounds for terminating enforcement proceedings, the writ of execution with an appropriate mark is returned by the bailiff to the court or state or other body that issued this document.

All enforcement measures assigned by the bailiff-executor are canceled. Stopped enforcement proceedings cannot be re-initiated.

Code of Civil Procedure of the Russian Federation defines property that cannot be levied under enforcement documents:

1) residential premises (parts thereof), if for a citizen-debtor and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and foreclosure may be levied in accordance with mortgage legislation;

2) land plots on which the objects specified in par. 2 hours 1 tbsp. 446 of the Code of Civil Procedure of the Russian Federation, as well as land plots, the use of which is not related to the implementation of entrepreneurial activities by the debtor citizen, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and execution may be levied on it in accordance with the legislation on mortgage;

3) items of ordinary home furnishings and household items, personal items (clothes, shoes, etc.), with the exception of jewelry and other luxury items;

4) property necessary for the professional activities of a citizen-debtor, with the exception of items whose value exceeds 100 minimum wages established by federal law;

5) breeding, dairy and working cattle, deer, rabbits, poultry, bees used for purposes not related to entrepreneurial activities, as well as farm buildings and structures, feed necessary for their maintenance;

6) seeds required for the next sowing;

7) food and money for a total amount of at least three times the established subsistence level of the debtor citizen himself, his dependents, in case of their incapacity for work - six times the established subsistence minimum for each of these persons;

8) the fuel needed by the family of the debtor citizen for preparing their daily food and heating during the heating season of their living quarters;

9) means of transport and other property necessary for the citizen-debtor in connection with his disability;

10) prizes, state awards, honorary and commemorative signs awarded to the debtor citizen.

List of used literature

1. Barykin D. A. Civil procedural law (civil process) in the schemes: Educational visual aid. M., 2005.

2. Dekhtereva L. P., Pivulsky V. V., Shugaeva O. A. Civil process. M., 2005.

3. Vikut M. A. Civil process in Russia: Textbook. M., 2004.

4. Vikut M. A., Zaitsev I. M. Civil process. Lecture course. Saratov, 1998.

5. Vlasov A. A. A lawyer must be considered "a person participating in the case." // Russian justice, 2001. No. 6.

6. Zheruolis I. A. On the relationship between the material and the procedural in the claim. / Forms of protection of law and the ratio of substantive and procedural in individual legal institutions. Kalinin. 1977. S. 14-15.

7. Gurevich M. A. Judgment (theoretical problems). M., 1976.

8. Zeider N. B. Judgment in a civil case. M., 1966. S. 46.

9. Maslennikova N. I. The legal force of a judgment. civil process. / Ed. K. I. Komisarova M., 1996.

Notes

1. Barykin D. A. Civil procedural law (civil process) in the schemes: Educational visual aid. M., 2005.

2. Dekhtereva L. P., Pivulsky V. V., Shugaeva O. A. Civil process. M., 2005.

3. Vikut M. A. Civil process in Russia: Textbook. M., 2004.

4. Vikut M. A., Zaitsev I. M. Civil process. Lecture course. Saratov, 1998.

5. Vikut M. A. Civil process in Russia: Textbook. M., 2004.

6. Vlasov A. A. A lawyer should be considered a "person participating in the case" // Russian Justice, 2001. No. 6.

7. Vikut M. A. Civil process in Russia: Textbook. M., 2004.

8. Gurevich M. A. Judgment (theoretical problems). M., 1976.

9. Zeider N.B. Judgment in a civil case. M., 1966. S. 46.

10. Gurvich M. A. Court decision. Theoretical problems. M., 1976.

11. Maslennikova N. I. The legal force of a judgment. // Civil process / Ed. K. I. Komissarova M., 1996.

12. Zeyder N.V. Judgment in a civil case. M., 1966.

Author: Gushchina K.O.

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