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
79. ENFORCEMENT MEASURES
Grounds for applying enforcement measures:
1) presentation in the manner established by federal law of a properly executed executive document;
2) adoption by the bailiff-executor of the decision to initiate enforcement proceedings;
3) the expiration of the period established by the bailiff for voluntary execution. The grounds are listed in the sequence in which the commission as a result leads to the beginning of compulsory execution.
Enforcement measures:
1) foreclosure on the debtor’s property by seizing the property and its sale;
2) foreclosure on wages, pensions, stipends and other types of income of the debtor;
3) foreclosure on cash and other property of the debtor held by other persons;
4) seizure from the debtor and transfer to the recoverer of certain items specified in the executive document;
5) other measures taken in accordance with federal laws.
All of these measures can be applied in the implementation of enforcement actions against the debtor, both independently and in the aggregate.
When levying execution on property and funds by imposing an attachment, one should keep in mind the possibility of taking these interim measures even when considering in civil or arbitration proceedings.
Foreclosure on the debtor's property - one of the most common enforcement measures. The form of implementation of this compulsory enforcement measure consists in the inventory, arrest and subsequent forced sale of the debtor's property.
Description of the debtor's property - a procedural method of documenting the fact of the seizure of the debtor's property, drawn up by drawing up an appropriate document - an act of inventory and seizure of property.
Transfer of seized property for custody - one of the components of the procedure for the seizure of property.
Goal - ensuring its safety, i.e. preventing its waste, alienation or concealment by the debtor, which is ensured by measures of civil and criminal liability.
If the debtor does not have funds, foreclosure is levied on other property belonging to the debtor, with the exception of property on which, in accordance with federal law, foreclosure cannot be levied.
Recovery cannot be levied on amounts paid:
1) for compensation for harm caused to health, as well as for compensation for harm to persons who suffered damage as a result of the death of the breadwinner;
2) persons injured in the performance of their official duties;
3) in connection with the birth of a child - to mothers with many children; single father or mother; for the maintenance of minor children during the search for their parents; pensioners and disabled people of the XNUMXst group for their care; for maintenance obligations;
4) for work with harmful working conditions or in extreme situations;
5) organization in connection with the birth of a child, death of relatives, marriage registration, as well as severance pay paid upon dismissal of an employee.
Author: Gatin A.M.
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