Civil procedural law. Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings (the most important)

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Civil procedural law. Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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80. COSTS OF EXECUTIVE ACTIONS. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION ON EXECUTIVE PROCEEDINGS

Expenses for enforcement actions - funds spent on organizing and carrying out these actions from the off-budget fund for the development of enforcement proceedings, the regulation on which is approved by the Government of the Russian Federation, as well as funds of the parties and other persons participating in enforcement proceedings.

The costs of enforcement actions include funds spent on:

1) transportation, storage and sale of the debtor’s property;

2) payment for the work of translators, witnesses, specialists and other persons involved in the prescribed manner in the performance of enforcement actions;

3) transfer (sending) by mail to the recoverer of the collected amounts;

4) search for the debtor, his property or search for a child taken from the debtor in court;

5) other necessary executive actions performed in the process of execution of the executive document.

In order to ensure the performance of enforcement actions, the recoverer has the right to make an advance contribution to the deposit account of the unit in an amount sufficient to cover the corresponding expenses or part of them.

Upon completion of enforcement actions, the advance fee is fully returned to the claimant.

In cases of termination of enforcement proceedings due to the unreasonable refusal of the recoverer to receive items seized from the debtor during the execution of the writ of execution on transferring them to the recoverer, and the return of the writ of execution to the recoverer, if he interfered with the execution of the writ of execution by his actions (inaction), the part of the advance payment in excess of the costs of committing executive action.

In the event of termination of enforcement proceedings due to the cancellation of the decision on the basis of which the enforcement document was issued, the costs of enforcement actions are charged to the federal budget.

In case of unjustified refusal of the claimant from the receipt of items seized from the debtor during the execution of the enforcement document, the law, the costs of enforcement actions are recovered from the recoverer.

In case of non-compliance without good reason executive document obliging the debtor to perform certain actions or refrain from doing them, within the period established by the bailiff, he issues a decision to impose a fine on the debtor in the amount of up to 200 times the minimum wage and appoints him a new deadline for execution. In case of subsequent violations by the debtor without good reason of the new deadlines for the execution of the executive document, the amount of the fine doubles each time.

In case of repeated non-execution without good reason of the executive document the bailiff submits to the relevant authorities a submission on bringing to administrative or criminal liability provided for by the legislation of the Russian Federation, a citizen or official who, by virtue of their official duties, must execute the executive document.

Author: Gatin A.M.

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