How the inventory of assets is drawn up

Legislation provides for certain procedures for the seizure of property. материальных ценностей является обязательным документом при его наложении. The inventory of material values is an obligatory document when it is superimposed. Let's consider further the basic rules according to which the given paper is made out.

General information

The seizure of property involves the withdrawal, restriction of use or prohibition of disposal of material values belonging to the subject. Its duration is determined by the authorized employees of the FSSP. осуществляется на большую сумму, чем та, которая подлежит взысканию. In practice, it is often enough to list assets by bailiffs for a larger amount than the one that is to be recovered. This procedure is carried out in the presence of witnesses.

Inventory of the debtor's property

With direct application of measures of influence, an act is drawn up. должны быть включены следующие сведения: The following information should be included in the inventory of property :

1. FULL NAME. All persons present during the procedure.
2. The title of each subject or property right. The document specifies their characteristics, details of securities, confirming the ownership of things to the subject.
3. , а также общая стоимость всех материальных ценностей. Preliminary assessment of each item entered in the inventory of property , as well as the total value of all material values.
4. Term, volume and type of restrictions.
5. A mark on the seizure of objects.
6. Information about the person to whom material values are transferred to the responsible storage or under protection.
7. A note on the clarification of the subject who took the things, about his duties and rights, warning of responsibility for embezzlement, alienation, concealment, illegal transfer of items signed by a citizen.
8. Remarks and statements of persons who participated in the procedure.

Nuances

должна быть подписана служащим ФССП, понятыми, субъектом, который принял материальные ценности на хранение, а также остальными гражданами, присутствовавшими при процедуре. The property inventory must be signed by the employees of the FSSP, understood, by the entity that accepted the material values for storage, as well as by the remaining citizens who were present during the procedure. In the event of the refusal of someone to put their signature in the act, a corresponding mark is placed. , копии постановления направляются сторонам исполнительного производства, а также иным заинтересованным лицам не позже дня, следующего за датой оформления документации. Inventory of property , copies of the resolution shall be sent to the parties to the enforcement proceedings, as well as to other interested persons no later than the day following the date of processing the documentation. If the material values were withdrawn, the transfer of securities is effected immediately. The decision on the removal / seizure of real estate is sent to the registering authority within three days from the date of issuance in electronic form.

Specificity of the procedure

The inventory is made only for the property that belongs to the debtor. The duty of proving that these or other material values are not his property is the responsibility of the citizen and his relatives. осуществляется в соответствии с нормами процессуального законодательства. The exclusion of property from the inventory is carried out in accordance with the rules of procedural law. The corresponding application must be sent to the authorized authority before the sale of material assets. At first, the funds in the accounts are subject to arrest. A citizen has the right to propose his order. However, the final order is approved by the bailiff. In this case, the employee may not comply with the order of priority.

List of items not subject to arrest

The legislation establishes a list of objects, the use and disposal of which can not be limited. The list includes:

1. Housing, if it is the only place suitable for living.
2. Household goods and personal use. The first include, for example, a refrigerator, a TV set, to the second - clothes, shoes, etc. Exceptions are luxury goods (jewelry, etc.).
3. Material values used by a citizen for the performance of professional activities, except for things that cost more than 100 minimum wages.
4. Workers, dairy, pedigree cattle, bees, deer, birds, rabbits grown not for entrepreneurship, feed and buildings necessary for keeping these animals.
5. Seeds for sowing.
6. Fuel needed for heating and cooking.
7. Food, cash, the amount of which is not less than the subsistence minimum for a citizen and those who are his dependents.
8. Property that is necessary for the subject in connection with disability.
9. State awards, memorable and honorable signs, prizes.

In addition, the arrest of property seized from circulation or limited in it is not allowed. Such subjects include narcotic compounds, weapons, etc.

The order of inclusion in the document of material values of the organization

It is established by law in accordance with the norms:

1. First of all, the arrest is imposed on movable items that do not participate in the release of goods, the provision of services, or the production of works. These include securities, except those that are in the reserve of investment funds, finished products, precious metals and stones, products from them and their scrap, office design items.
2. In the second turn, property rights are arrested. Restrictions are imposed on those that are not used in production activities.
3. In the third turn, real estate is arrested, which does not directly participate in the production of products, works or services.
4. Material values used for production purposes are subject to restrictions by the latter.

It is necessary to say that if the collection of objects of the previous queue is not made, the arrest can not be superimposed on subsequent categories of objects.

Restrictions on the car

When the vehicle is arrested, a document is attached to the inventory, which gives the characteristics of individual elements and units. For example, the number of the engine, the condition of the body, tires, the presence of mirrors, etc., is then indicated. Then, the traffic police officer sends a decree of the employee of the FSSP on the prohibition of removing the vehicle from the register, carrying out the inspection, changing the registration data. In addition, the technical passport is withdrawn to prevent re-registration of the machine.

Other cases

Arrest may be imposed on:

1. The right of demand for executive documents.
2. Accounts receivable.
3. Exclusive rights to products of intellectual activity, means of individualization.

Particular attention should be given to restrictions on receivables. They involve the establishment of a ban on the commission of transactions that lead to the termination or change of relations within which obligations arose. The employee of the FSSP draws up an act and draws up a resolution, which indicates the list of documents confirming the existence of arrears. If necessary, these papers are seized and transferred to the person in charge for storage. Copies of the decision and the act are transferred to participants of the enforcement proceedings and the debtor.

Conclusion

It should be said that the list of property is drawn up not only in the event of his arrest. In practice, the procedure for issuing an act is used in a variety of spheres. For example, in cases where the lease is concluded. Inventories of property at the enterprise are made at inventory, transfer of the equipment on leasing and so forth at registration of the document special attention should be given an estimation of subjects. In some cases an expert is invited to determine it.