FZ-229 "On Enforcement Proceedings" with amendments and with comments

Executive production is the final stage of the trial. This stage is present when considering both civil disputes and criminal cases.

Normative base

FZ-229 "On Enforcement Proceedings" regulates the procedure and conditions in accordance with which the implementation of judgments of judicial and other bodies and their officials who have the authority to entrust organizations, citizens, Russia and its regions with responsibilities for providing to other entities or transferring to Corresponding budgetary funds of money resources and other property. The normative act establishes rules for the appointment of certain actions in favor of the specified persons or abstention from them. Let's consider some provisions of FZ-229 "On Enforcement Proceedings" (with comments).

Tasks and principles

In FZ-229 "On Enforcement Proceedings" (as amended), the objectives of the activities of the authorized structures have been established. Their task is to ensure the correct and timely execution of acts of judicial and other instances, as well as officials, and in cases provided for by rules - other documents to protect violated freedoms, interests and rights of organizations and citizens. FZ-229 "On Enforcement Proceedings" establishes the principles on which the work of the competent authorities is based:

1. Legality.
2. Timeliness of the implementation of appropriate actions and the use of coercive measures.
3. Ensuring respect for the dignity and honor of citizens.
4. Inviolability of the minimum of property, which is necessary for the existence of the debtor and his relatives.
5. Correlation of the scope of requirements and enforcement measures.

Authorized structures

In accordance with FZ-229 "On Enforcement Proceedings" (as amended), the issues of compulsory implementation of acts of judicial and other instances, as well as officials, fall within the competence of the FSSP. Immediate exercise of powers is entrusted to bailiffs of the structural units of the service. The activities of officials are regulated by FZ-229, as well as the regulatory act governing the work of the FSSP, and other legal documents.

Mandatory requirements

RF Law 229-FZ "On Enforcement Proceedings" establishes that orders issued by bailiffs apply to all state, local authorities, organizations and the population. The decisions are subject to rigorous implementation throughout the territory of Russia. If the legitimate requirements of the employees of the FSSP are not fulfilled, they are entitled to apply the measures established by the normative act in question. Violators or persons evading from the performance of the duties imputed to them shall be held accountable.

Obliged entities

In FZ-229 "On Enforcement Proceedings", a number of persons are determined who must implement the decisions made by the FSSP. They include, in particular, bodies, organizations, including state, local structures, banking and credit institutions, officials, citizens. Compliance with the requirements of bailiffs physical, legal entities, local and federal institutions of power is carried out on the basis of executive documents.

The order of implementation of resolutions by banking and credit institutions

It is installed in Art. 8 FZ-229 "On Enforcement Proceedings". Documents, on the basis of which a bank or other credit institution will implement the requirements, can be sent directly to the recoverer. Along with these papers, the subject submits a statement. In accordance with FZ-229 "On Enforcement Proceedings," it must include:

1. Requisites of the account of the recoverer. The debtor will be transferred to it.
2. Full name, citizenship, details of the document, which certifies the identity of the subject, his place of residence / residence, TIN (if any), information on the migration card, as well as the document that confirms the right to stay in Russia. If the claimant is a legal entity, its name, TIN or code of a foreign organization, the number and place of state registration, legal address is indicated.

The representative of the applicant must submit a document confirming his authority. If the writ of execution was sent to a banking or other credit institution after the license has been revoked from him, the paper is returned to the sender.

Features of collecting periodic payments

Executive sheet for less than 25 thousand rubles. Can be directed to the enterprise or to the person, carrying out to the debtor payment of the pension, the salary, the grant or other means, directly by the collector. Along with this document, the interested entity submits the application. In accordance with RF Federal Law-229 "On Enforcement Proceedings" it states:

1. Requisites of the account in the bank for transferring the retained funds, or the address where they should be transferred.
2. Full name, information on the document certifying the identity of the collector-citizen, or the name, TIN / code of the foreign organization, the number and place of state registration, the location address (for the legal entity).

Requirements for IL

In addition to the order of the bailiff, the court order, as well as the agreement on the payment of the alimony certified by a notary, in the writ of execution there should be:

1. The name and address of the court or other authority that issued the IL, the name and initials of the authorized employee.
2. The name and number of the materials or case in accordance with which the executive document is issued.
3. Date of the court decision or act of another body / official.
4. The calendar number of entry of the document-basis into effect or an indication of its immediate execution.
5. Information about the recoverer and the debtor.
6. The resolutive part of the decision of the court or other body / employee. It should contain requirements indicating the imposition on the debtor of obligations to transfer to the recoverer money or other property, the commission of certain actions in favor of the latter or refraining from them.
7. Date of issue of IL.

Nuances

In the case of postponement or installment installments of the IL before the issuance of the requirements, the document must indicate the date from which the deadline for their execution begins to flow. An act obtained on the basis of a court order or being it is certified by the signature of the judge and the stamp of the press. IL issued in accordance with the document of another body shall be certified by the signature of the authorized person of this instance and its seal. The content of the notarial agreement on the payment of alimony, as well as the court order is determined by federal legislation. These documents are signed by those persons with whom they have been accepted or certified, and also certified with a seal.

Art. 50 FZ-229 "On Enforcement Proceedings"

This norm establishes the duties and rights of the participants in the relationship. Parties of production are allowed to:

1. Get acquainted with the case materials.
2. Make extracts, make copies of documents.
3. Submit additional papers and information.
4. To submit motions.
5. To take part in executive actions.
6. Give written and oral explanations, give arguments on issues arising during procedural procedures.
7. Express objections to the petitions of others.
8. Appeal the decisions of the bailiff, declare a challenge.

This list is not considered exhaustive. In regulatory enactments, other rights of subjects may be envisaged. Parties of production can conclude an amicable agreement before the end of production. The participants in the relations bear the obligations established by the considered and other normative acts.

Art. 101 229-FZ "On Enforcement Proceedings"

The normative act determines the list of incomes that can not be recovered. Article 101 FZ-229 "On Enforcement Proceedings" lists the following types:

1. Monetary amounts received as compensation for harm caused to health.
2. Funds paid to compensate for damage related to the death of the breadwinner.
3. The sums given to citizens who were injured (contusions, injuries, injuries) in the course of performing their official duties, as well as to their relatives in case of death of the said persons.
4. Compensation at the expense of budgetary funds to subjects affected by man-made or radiation accidents.
5. Benefits paid to citizens for the care of disabled persons.
6. Annual / monthly monetary amounts accrued in accordance with regulatory enactments to citizens of certain categories. In particular, they include compensation for the cost of drugs, travel and so on.
7. The amounts that are paid as alimony, provided for the maintenance of minors for the period of the search for their parents.
8. Compensatory contributions provided for in the labor legislation. These include payments related to a business trip, reception, transfer, referral to work in another locality, with the depreciation of instruments belonging to the employee, as well as the amounts provided by the enterprise in case of childbirth, death of relatives, registration of marriage.
9. Insurance payments for OSS, except for old age, disability and temporary disability benefits.
10. Funds of family (parent) capital, stipulated in Federal Law No. 256.
11. Pensions paid in connection with the loss of a bread-winner, and additional amounts to them.
12. Benefits for persons who have children provided through federal, local and regional budgetary funds, and extrabudgetary state funds.
13. Amounts of material (one-off) support in connection with natural disasters or other emergencies, a terrorist act, the death of a relative in the form of humanitarian assistance, as well as assistance in the detection, suppression, prevention and detection of crimes.
14. Partial or full compensation of the cost of permits, except for the tourist provided to the employee or his relatives, including children under the age of 16, invalids who are not in the state of the enterprise, to health and spa facilities located in Russia.
15. Amounts of reimbursement of travel to the place of health improvement or treatment and back, accompanying persons including, if this is provided for by federal regulations.
16. Social benefits for burial.

A special rule is established in respect of maintenance obligations for minors, as well as compensation for damage caused by the death of the breadwinner. Restrictions on foreclosure on the amounts indicated in paragraphs 1 and 4 of Part 1 of Article 101 of the federal law under consideration are not applied.