Subtleties and pitfalls FZ 229 on enforcement proceedings

Approved 02.10.2007 229-FZ "On Enforcement Proceedings" was adopted by the State Duma on September 14 and approved by the Federation Council on 19.09 of the same year. The normative act defines the procedure and conditions for the enforcement of decisions and decisions of judicial and other bodies, as well as their employees, whose powers include the right to impose on the MO, regions, RF, organizations, citizens the obligation to transfer funds to other entities or to budgets of appropriate levels And other material values, for the performance of established actions in their favor or abstention from doing so. Let us further consider some of the provisions of 229-FZ of 02.10.2007.

Key Objectives

Executive production ensures the correct and timely implementation of decisions, judgments and other structures, employees, and in the cases established by law and other documents to protect legitimate interests, rights and freedoms of organizations and citizens. The procedure and conditions for transferring funds of the appropriate level to the subjects of the budget are determined in the BC.

Principles

FZ-229 defines the following key provisions for carrying out activities related to enforcement of resolutions of authorized structures:

1. Timeliness of the commission of actions and application of established measures of influence.
2. Legality. The activities of authorized employees and bodies must comply with the provisions of the existing normative acts, constitutional in the first place.
3. Relative to the volume of claims and coercive measures applied to debtors.
4. Respect for the dignity and honor of citizens.
5. Inviolability of the minimum of the property. Norms determine the amount of material assets that is necessary for the existence of the debtor and his relatives.

Authorized bodies

The law in question (229-FZ) stipulates that compulsory implementation of acts of courts and other bodies, as well as officials, falls within the competence of the FSSP and territorial service bodies. Bailiffs-executors apply coercive measures of influence to debtors within the limits of authority. Their rights are determined by federal law.

Obligatory requirements of FSSP employees

Law 229-FZ "On Enforcement Proceedings" establishes that decisions of bailiffs apply to all state / municipal bodies, all legal and natural persons. The requirements of employees are subject to strict observance throughout the country. In case of failure to comply with the instructions, the bailiffs take the measures provided for in the law being amended. Failure to comply with the requirements, hindering the performance of their functions by employees entail responsibility established by regulatory enactments.

Debtors

229-FZ "On Enforcement Proceedings" determines that in cases established by regulatory enactments, the requirements that are present in decisions of courts, other bodies, decisions of officials are implemented by structures, organizations, state and municipal including banks and other credit institutions, Citizens and employees. The specified subjects observe the prescriptions on the basis of the documents specified in art. 12.

Compliance with requirements of banking and other credit institutions

FZ-229 allows the sending of a document on collection of funds or their arrest in the relevant financial structure directly by the person concerned. Together with him, the subject provides a statement to a bank or other credit organization. It should contain:

1. Requisites of the applicant's account for transferring the debtor's funds.
2. Name, nationality, identity document, address of residence / stay, TIN (if any), information from the migration card and the paper confirming the right of the subject to be located on the territory of the country, for the citizen-collector.
3. Name, registration number, TIN or foreign legal entity code, address, place of registration of the applicant organization.

FZ-229 establishes that a 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 defined the procedure for the implementation of the requirements provided for in the decision of the court, other body or employee, the enterprise that makes periodic payments to the debtor. The document on the basis of which the recovery of an amount less than 25 thousand rubles is established may be sent to the organization or to a person who pays a pension subject to an employee, a salary, a scholarship, etc., directly by the creditor. Together with this paper he must submit a statement. It also specifies the details of the account for transfer, name, information of the document confirming the identity of the recovering citizen, or TIN, the name, the code of the foreign organization, the registration number, the address for registration and the location of the creditor-organization.

229-FZ "On Executive Prospect" establishes that the implementation of judicial decisions, decisions of other bodies and employees in relation to foreign legal entities and individuals, subjects who do not have citizenship, is carried out according to the rules of the commented normative act.

Kinds of documents-grounds

Federal Law 229-FZ "On Enforcement Proceedings" defines the following categories of securities in accordance with which the FSSP employees are recovered:

1. Judicial orders.
2. Executive sheets. They are issued by courts of general jurisdiction and arbitration in accordance with the acts adopted by them.
3. Agreement on the payment of alimony. These documents and their copies must be notarized.
4. A certificate issued by the Labor Disputes Commission.
5. Decisions of the bodies exercising control functions on the collection of funds with the attachment of securities in which there are notes of banking or other credit institutions servicing settlement and other accounts of the debtor about partial / complete failure of requirements due to the lack of sufficient money on the p / s.
6. Judicial acts, decisions of other institutions of power, officials in administrative cases.
7. Resolution bailiff.
8. Acts of other bodies in cases stipulated by norms.

If you lose the original document, as a basis for the implementation of the claims imputed to the debtor is its duplicate. It is issued by the court, another body, an official who issued the relevant decision / decision, in accordance with the established procedure. The document on which enforcement proceedings have been initiated is contained in the case file. The bailiff sends the decision to the relevant subject with a copy of the IL.

Requirements for documents

The executive papers specify:

1. The name and address of the court that issued the document, initials and surname of the employee.
2. The name of the materials or case on the basis of which the IL is provided, their numbers.
3. Date of the act of the court or other body, official.
4. The calendar number of the entry into force of the decision or an indication of the immediate implementation of the requirements specified therein.
5. The resolutive part of the decree. There must be a requirement to impose on the subject obligations to transfer funds to the applicant or other property, to commit in favor of the latter certain actions or abstain from them.
6. Date of issue of the executive paper.

The document should 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 enterprise where he works (if known) is also 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.

These rules on registration do not apply to the agreement on the payment of alimony, certified by a notary, a court order, as well as an employee of the FSSP. If an installment / postponement of the implementation of claims is provided before the issuance of an executive paper, then it indicates the beginning of the period for the implementation of the requirements. A document that is provided on the basis of a judicial act or is it, is signed by a judge and certified by a stamp. An executive paper issued in accordance with a resolution of another body or a decision of another structure shall be considered by its official. It is also stamped.

Bailiff's Decree

This document should contain the following information:

1. The name of the FSSP unit and its address.
2. Date of adoption of the resolution.
3. Initials, surname, position of bailiff who issued the act.
4. The name and number of the production, according to which this resolution was adopted.
5. The question on which the decision was made.
6. Grounds for the decision. At the same time references to federal and other normative acts are indicated.
7. Decision.
8. Rules for Appealing the Order.

Additionally

The officer or other employee of the FSSP may, on his own initiative or at the request of the production participants, correct the arithmetic errors or mistakes made in the resolution. This procedure is carried out by issuing an act on making corrections to a previously compiled document. The bailiff's decision must be executed within the time specified in it. Appeal of the act is carried out in the order of subordination to a higher-level employee of the FSSP or to the court. In the latter case, the applicant must be guided by the provisions of the procedural law.