Subtleties and pitfalls of Federal Law 229 on enforcement proceedings

Approved on 02.10.2007 229- "On Enforcement Proceedings" was adopted by the State Duma on September 14 and approved by the Federation Council on September 19 of the same year. The regulatory act defines the procedure and conditions for the enforcement of judgments and decisions of judicial and other bodies, as well as their employees, whose powers include the right to impose on the MO, regions, the Russian Federation, organizations, citizens the responsibility to transfer to other entities or the budgets of the corresponding levels of funds and other material values, to commit established actions in their favor or to abstain from this. Next, we consider some of the provisions of 229-FZ of 02.10.2007

Key Tasks

Enforcement proceedings ensure the correct and timely implementation of judgments, decisions of judicial and other structures, employees, and, in cases established by law, other documents to protect the legitimate interests, rights and freedoms of organizations and citizens. The procedure and conditions for the transfer of budget funds of the appropriate level to entities are determined in the BC.

Principles

FZ-229 defines the following key provisions for the implementation of activities related to the enforcement of decisions of authorized structures:

1. Timeliness of actions and application of established measures of influence.
2. Legality. The activities of authorized employees and bodies should be consistent with the provisions of existing regulatory acts, constitutional in the first place.
3. Correlation of the volume of claims and enforcement measures applied to debtors.
4. Respect for the dignity and honor of citizens.
5. Inviolability of a minimum of property. Norms determine the amount of material assets that is necessary for the existence of the debtor and its relatives.

Authorized Institutions

The considered law (229-) establishes that the compulsory implementation of acts of courts and other bodies, as well as civil servants, is within the competence of the FSSP and territorial service bodies. Bailiffs apply coercive measures against debtors within their powers. Their rights are determined by federal law.

Binding requirements of employees of the FSSP

Law 229- "On Enforcement Proceedings" establishes that bailiffs' orders apply to all state / municipal bodies, all legal entities and individuals. The requirements of employees are subject to strict compliance throughout the country. In case of failure to comply with the instructions, the bailiffs take the measures provided for in the commented law. Failure to comply with requirements, obstructing the performance by employees of their functions entail liability established by regulatory enactments.

Debtors

229- "On Enforcement Proceedings" determines that in cases established by regulatory enactments, the requirements present in judgments of courts, other bodies, decisions of officials are implemented by structures, organizations, state and municipal including, banks and other credit enterprises, citizens and employees. These entities comply with the requirements on the basis of the documents referred to in Art. 12.

Compliance with banking and other credit organizations

FZ-229 allows the directing of a document on the recovery of funds or their arrest in the appropriate financial structure directly by an interested person. Together with it, the entity submits an application to a bank or other credit organization. It should contain:

1. Details of the applicant's account to which the funds of the debtor will be transferred.
2. Name, citizenship, information about an identity document, address of residence / stay, TIN (if available), information from a migration card and paper confirming the right to be located in the country, for a citizen collector.
3. Name, registration number, TIN or code of a foreign legal entity, address, place of registration of the applicant organization.
   

FZ-229 establishes that the document received for collection in a banking or other credit structure after the license is revoked is returned to the entity that sent it without satisfying the requirements.

Nuances

In Art. 9 FZ-229 defines the procedure for the implementation of the requirements provided for in a decision of a court, other body or employee, by an enterprise making periodic payments to a debtor. The document, on the basis of which the recovery of the amount less than 25 thousand rubles is established, can be sent to the organization or to the person who accrues the pension, salary, scholarship, etc., directly to the obligated subject, directly by the creditor. Together with this paper he must provide a statement. It also indicates the account details for the transfer, name, information of the document confirming the identity of the claimant citizen, or TIN, name, code of the foreign organization, registration number, address of registration and location of the creditor organization.

229- "On Executive Prospect" establishes that the implementation of judicial decisions, decisions of other bodies and employees in relation to foreign legal entities and individuals, stateless entities, is carried out according to the rules of the commented normative act.

Types of base documents

Federal Law 229- "On Enforcement Proceedings" defines the following categories of securities, in accordance with which the collection by the FSSP employees is carried out:

1. Judicial orders.
2. Executive sheets. They are issued by the courts of general jurisdiction and arbitrations in accordance with the acts adopted by them.
3. Child Support Agreements. These documents and their copies must be certified by a notary.
4. Certificate issued by the labor dispute committee.
5. Decisions of bodies exercising control functions on the recovery of funds with the attachment of papers containing notes of bank or other credit institutions that service settlement and other accounts of the debtor on partial / full non-fulfillment of requirements due to the lack of sufficient money on the payroll account.
6. Judicial acts, decisions of other institutions of power, officials on administrative matters.
7. Resolution of the bailiff.
8. Acts of other bodies in cases provided for by the norms.

If the original document is lost, a duplicate acts as the basis for the implementation of the requirements imputed to the debtor. It is issued by the court, other body, official who issued the relevant decision / decision in the prescribed manner. The document on which enforcement proceedings have been started is contained in the case file. The bailiff sends the decision to the appropriate subject with an attached copy of the IL.

Document Requirements

The executive papers shall indicate:

1. Name and address of the court that issued the document, initials and surname of the employee.
2. Name of materials or case, on the basis of which IL was provided, their numbers.
3. The date the act was issued by the court or other body, official.
4. The calendar date of entry into force of the decision or an indication of the immediate implementation of the requirements specified therein.
5. The operative part of the decision. It must contain a requirement to entrust the subject with the obligation to transfer to the applicant funds or other property, to perform certain actions in favor of the latter or to abstain from them.
6. Date of issue of executive paper.

The document must also contain information about the applicant and the debtor:

1. For citizens - name, address of residence / stay. For the debtor, the place and year of birth, the address of the company where he works (if known) is additionally indicated.
2. For organizations - legal address and name.
3. For the region, the Russian Federation, the municipality - the name and location of the body authorized to act on their behalf.
   

The indicated rules for registration do not apply to an agreement on the payment of alimony, notarized, a court order, as well as a resolution of an employee of the FSSP. If an installment plan / deferment of the implementation of requirements is provided prior to the issuance of the enforcement paper, then it indicates the beginning of the period for the implementation of the requirements. The document, which is provided on the basis of a judicial act or is it, is signed by the judge and certified by the official seal. Executive paper, issued in accordance with the decision of another body or which is the decision of another structure, is endorsed by its official. It is also stamped.

Bailiff

This document should contain the following information:

1. The name of the FSSP unit and its address.
2. Date of adoption of the decision.
3. Initials, last name, position of the bailiff who issued the act.
4. The name and number of the proceedings by which this decision was adopted.
5. The issue on which the decision is made.
6. The grounds for the decision. At the same time, references to federal and other regulatory acts are indicated.
7. Decision.
8. Rules of appeal of the decision.
   

Additionally

The bailiff or other employee of the FSSP may, on his own initiative or at the request of the participants in the proceedings, correct arithmetic errors or clerical errors made in the decision. This procedure is carried out by drawing up an act on amendments to a previously drawn up document. The bailiff's decision must be executed by the time specified in it. An appeal of the act is carried out in the order of subordination to a higher official of the FSSP or in the court. In the latter case, the applicant should be guided by the provisions of the procedural law.