In judicial practice, there is such a thing as the institution of enforcement proceedings. Of course, for the implementation of this procedure, specific grounds are necessary, the list of which is given in the norms of the current legislation. These grounds include:
- the submission of a special document prompting the initiation of, for example, a writ of execution or a court order ;
- a statement by a claimant expressing a desire to conduct a trial;
- direct order of bailiffs, based on the above documentation.
Enforcement proceedings themselves are a process defined by a specific framework. That is, for its implementation requires the presence of not only documents confirming the feasibility of the case, but also specific terms at each stage of the proceedings. All this is clearly described in the relevant legislative acts.
In addition, the enforcement proceedings are carried out step by step. In this regard, the whole process can be divided into separate stages:
- First of all, the recoverer must require the preparation of a specific document, acting as the basis.
- He then expresses the requirement to initiate legal proceedings in the form of a statement.
- The collected documentation is transmitted to the bailiffs of the relevant district unit. Moreover, you should contact the authority located on the territory of the defendant. For the convenience of citizens, it is allowed to submit a writ of execution and application by mail in the form of a registered letter. This greatly facilitates litigation for the plaintiff, as this is usually a lengthy process and requires great patience. It's no secret to anyone how difficult it is sometimes to communicate with employees of the office and other officials.
- Initiation of enforcement proceedings may be approved or rejected within three business days.
- After the final decision is made, the bailiff shall notify in writing all persons interested in the case.
- The defendant has the right, within the specified period of time, to independently fulfill his obligations in relation to the other party. As a rule, the duration does not exceed five business days. Otherwise, the debtor is held liable and must pay a fine. Typically, the amount of penalties is about 7% of the amount owed.
I would also like to note the principles of enforcement proceedings, since the whole process of the proceedings is based on them. All principles can be divided into groups: constitutional, intersectoral, and directly affecting enforcement proceedings. The first group is considered common, since these principles apply to all areas of society. These include:
- absolute equality of all subjects of the civil code;
- the prevalence of freedoms and rights of citizens. This means that for the state the maximum protection of human rights and the preservation of their freedom is paramount if the actions of the subject do not contradict other legislative acts;
- and of course, the government must provide legal protection to any citizen. This issue is especially acute during litigation when the defendant does not have the opportunity to independently find a lawyer.
Intersectoral - these are principles that reflect individual branches of law. A good example of this principle is the requirement to implement legal proceedings in the national language.
The initiation of enforcement proceedings in the narrow sense is subject to certain rules (principles). The dispositive rule assumes that a person has the full right to dispose of his property at his own discretion, without being subordinate to third parties. When collecting debt by force, the defendant has the right to maintain property or funds in the minimum amount required to cover the costs of maintaining the family.