Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
78. MECHANISM OF ENFORCEMENT PROCEEDINGS
Enforcement proceedings are initiated by the presentation of enforcement documents for collection.
executive documents - documents specified in the law, subject to compulsory execution by a bailiff in the manner prescribed by law, in case of non-execution by the debtor on a voluntary basis.
The executive document must indicate:
1) the name of the court or other body that issued the executive document;
2) the case or materials on which the writ of execution was issued, and their numbers;
3) the date of adoption of a judicial act or an act of another body subject to execution;
4) the names of the claimant-organization and the debtor-organization, their addresses; surname, name, patronymic of the recoverer-citizen and debtor-citizen, their place of residence, date and place of birth of the debtor-citizen and place of his work;
5) the operative part of a judicial act or an act of another body;
6) the date of entry into force of a judicial act or an act of another body;
7) the date of issuance of the executive document and the deadline for presenting it for execution.
Executive documents must be presented for execution within the time limits established by law.
Writs of execution issued by:
1) on the basis of judicial acts of courts of general jurisdiction - are presented for execution within 3 years;
2) on the basis of judicial acts of arbitration courts, decisions of international commercial arbitration, other arbitration courts - within 6 months;
3) on the basis of certificates of commissions on labor disputes, decisions of bodies (officials) authorized to consider cases of administrative offenses - within 3 months.
Violation of these terms entails the return of the enforcement document without execution.
Recovery of missed deadlines perhaps if they were omitted for good reasons.
With the initiation of enforcement proceedings, the law connects the occurrence of certain legal consequences for both the debtor and the recoverer. From the moment enforcement proceedings are initiated, relations between the parties or other subjects of enforcement proceedings and the bailiff acquire the nature of relations of power and subordination; .
The initiation of enforcement proceedings is formalized by the bailiff in the form of a decision to initiate enforcement proceedings. This decision must be issued within 3 days from the date of presentation of the executive document to him.
After that, the bailiff invites the debtor to voluntarily comply with the requirements and establishes a certain period before the application of state-authoritative coercion to him in the form of enforcement measures.
Deadline for voluntary execution may not exceed 5 days from the date of initiation of enforcement proceedings.
Author: Gatin A.M.
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