8 of the law on enforcement proceedings. Law on bailiffs and enforcement proceedings


Federal Law of October 2, 2007 N 229-FZ “On enforcement proceedings":

Article 8 of Federal Law No. 229-FZ. Fulfillment of requirements contained in judicial acts, acts of other bodies and officials, banks and other credit organizations

1. Executive document on recovery Money or their arrest may be sent to a bank or other credit organization directly by the recoverer.

2. Simultaneously with the writ of execution, the claimant submits an application to the bank or other credit organization, which indicates:

1) details of the recoverer’s bank account to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, an identification number taxpayer (if any), details of the migration card and document confirming the right to stay (reside) in Russian Federation claimant-citizen;

3) name, taxpayer identification number or code of a foreign organization, state registration number, address of the collector - legal entity.

3. The representative of the claimant presents a document certifying his authority and the information specified in Part 2 of this article about the claimant and himself.

4. Lost power. - Federal Law of July 28, 2012 N 144-FZ.

Return to document table of contents: Law on enforcement proceedings N 229-FZ

Comments on Article 8 of the Law on Enforcement Proceedings N 229-FZ

In paragraph 32 of the Plenum Resolution Supreme Court RF dated November 22, 2016 N 54 “On some issues of application general provisions Civil Code Russian Federation on obligations and their fulfillment" contains the following explanations:

A writ of execution for the collection of sums of money in foreign currency can be sent both to the bank and to the bailiff

The requirement to collect funds in a foreign currency, which is the currency of payment, is subject to satisfaction if it is established that, in accordance with the legislation in force at the time of the decision, the monetary obligation can be fulfilled in this currency (and paragraphs 1 and 3 of Article 317 of the Civil Code of the Russian Federation ). In this case, the amounts recovered are indicated in the operative part of the court decision in foreign currency.

A writ of execution for the collection of sums of money in foreign currency can be sent directly by the claimant to a bank or other credit organization where the debtor has an account in the specified foreign currency (Article 8 Federal Law dated October 2, 2007 N 229-FZ “On Enforcement Proceedings”), or to a bailiff to initiate enforcement proceedings. If the debtor does not have bank accounts in the specified foreign currency or funds in these accounts, the execution of the court decision is carried out by bailiffs in accordance with the rules of Article 69, parts 2, 5 and 6 of Article 72 of the Law on Enforcement Proceedings.

The “Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2017)”, approved by the Presidium of the Supreme Court of the Russian Federation on November 15, 2017, contains the following explanations:

Liability in the form of a fine for failure to comply with a judicial act

Question 2. Is it possible to impose the provisions provided for in Part 1 of Art. 332 of the Arbitration Procedure Code of the Russian Federation, a judicial fine for non-execution of a judicial act on a person who, by force of law, is entrusted with execution of this act, including a bank and other credit institution?

Answer. According to Part 1 of Art. 16 agrarian and industrial complexes of the Russian Federation entered into legal force judicial acts of the arbitration court are binding on the authorities state power, organs local government, other bodies, organizations, officials and citizens and are subject to execution throughout the Russian Federation.

Failure to comply with judicial acts by virtue of Part 2 of Art. 16 of the Arbitration Procedure Code of the Russian Federation entails liability established by the Arbitration Procedure Code of the Russian Federation and other federal laws.

The rules on liability for failure to comply with a judicial act of an arbitration court are contained in Art. 332 of the Arbitration Procedure Code of the Russian Federation, in accordance with Part 1 of which, for failure to comply with a judicial act of an arbitration court by state authorities, local government bodies, other bodies, organizations, officials and citizens, the arbitration court may impose court fine according to the rules of Ch. 11 of the Arbitration Procedure Code of the Russian Federation in the amount established by federal law.

Based on Part 1 of Art. 7 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Law on Enforcement Proceedings) in cases provided for by federal law, the requirements contained in judicial acts, acts of other bodies and officials are executed by bodies, organizations, including government agencies, local governments, banks and other credit institutions, officials and citizens. In particular, taking into account the provisions of Part 1 of Art. 8 of the Law on Enforcement Proceedings, a writ of execution on the collection of funds or their arrest may be sent to a bank or other credit organization directly by the recoverer. In turn, a bank or other credit organisation servicing the debtor's accounts, in accordance with Part 5 of Art. 70 of the Law on Enforcement Proceedings, they immediately fulfill the requirements for the collection of funds contained in the writ of execution or the order of the bailiff, about which the claimant or the bailiff is informed within three days from the date of their execution.

Thus, based on the above legislative provisions, established in Part 1 of Art. 332 of the Arbitration Procedure Code of the Russian Federation, procedural liability can be applied in relation to any person who, by force of law, is entrusted with the execution of a judicial act of an arbitration court, including in relation to banks and other credit organizations.

1. A writ of execution on the collection of funds or their arrest may be sent to a bank or other credit organization directly by the recoverer.

2. Simultaneously with the writ of execution, the claimant submits an application to the bank or other credit organization, which indicates:

1) details of the recoverer’s bank account to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if available), details of the migration card and document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

3) name, taxpayer identification number or code of the foreign organization, state registration number, place state registration And legal address the claimant is a legal entity.

3. The representative of the claimant presents a document certifying his authority and the information specified in Part 2 of this article about the claimant and himself.

4. A writ of execution received for execution by a bank or other credit organization after the revocation of their license is returned without execution to the person who sent it.

Enforcement proceedings are the final stage judicial trial. This stage is present when considering both civil disputes and criminal cases.

Normative base

Federal Law-229 “On Enforcement Proceedings” regulates the procedure and conditions in accordance with which the implementation of decisions of judicial and other bodies and their officials who have the authority to impose on organizations, citizens, Russia and its regions the obligation to provide other entities or transfer to relevant budgetary funds of cash and other property. The normative act establishes the rules for assigning certain actions in favor of specified persons or refraining from them. Let's consider some provisions of Federal Law-229 “On Enforcement Proceedings” (with comments).

Objectives and principles

Federal Law No. 229 “On Enforcement Proceedings” (as amended) establishes the goals of the activities of authorized structures. Their tasks include ensuring the correct and timely execution of acts of judicial and other authorities, as well as officials, and in cases provided for by regulations - other documents to protect the violated freedoms, interests and rights of organizations and citizens. Federal Law No. 229 “On Enforcement Proceedings” establishes the principles on which the work of the competent authorities is based:

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

Authorized structures

In accordance with Federal Law No. 229 “On Enforcement Proceedings” (as amended), issues of forced implementation of acts of judicial and other authorities, as well as officials, fall within the competence of the FSSP. The direct exercise of powers is vested in bailiffs structural divisions services. The activities of officials are regulated by Federal Law-229, as well as the regulatory act regulating the work of the FSSP, and other legal documents.

Mandatory requirements

Law of the Russian Federation 229-FZ “On Enforcement Proceedings” establishes that orders issued by bailiffs apply to all state, local structures authorities, organizations and population. The resolutions are subject to strict implementation throughout Russia. If not fulfilled legal requirements employees of the FSSP, they have the right to apply the measures established by the normative act in question. Violators or persons evading the implementation of their assigned duties shall be held accountable.

Obligated subjects

Federal Law No. 229 “On Enforcement Proceedings” defines the circle of persons who must implement the decisions made by the FSSP. These, in particular, include bodies, organizations, including state and local structures, banking and credit institutions, officials, and citizens. Fulfillment of the requirements of bailiffs by individuals, legal entities, local and federal government institutions is carried out on the basis of executive documents.

The procedure for implementing resolutions by banking and credit institutions

It is established in Art. 8 Federal Law-229 “On enforcement proceedings”. Documents on the basis of which a banking or other credit institution will implement claims can be sent directly by the claimant. Along with these papers, the subject submits an application. In accordance with Federal Law-229 “On Enforcement Proceedings” it must contain:

  1. Account details of the collector. The debtor will transfer funds to it.
  2. FULL NAME. citizenship, details of the document that certifies the identity of the subject, his place of stay/residence, TIN (if available), information on the migration card, as well as the document that confirms the right to stay on the territory of Russia. If the claimant is a legal entity, indicate its name, TIN or code of a foreign organization, number and place of state registration, and legal address.

The applicant's representative must submit a document confirming his authority. If performance list was sent to a banking or other credit institution after its license was revoked, the paper is returned to the sender.

Features of collecting periodic payments

A writ of execution for an amount less than 25 thousand rubles. can be sent to the enterprise or person paying the debtor a pension, salary, scholarship or other funds, directly by the collector himself. Along with this document, the interested party submits a statement. In accordance with Federal Law of the Russian Federation-229 “On Enforcement Proceedings” it states:

  1. Details of the bank account to which the withheld funds will be transferred, or the address to which they should be transferred.
  2. FULL NAME. information about the identity document of the claimant-citizen, or name, TIN/code of the foreign organization, number and place of state registration, location address (for a legal entity).

Requirements for IL

In addition to the bailiff's order, court order, as well as an agreement on the payment of alimony certified by a notary, the writ of execution must contain:

  1. The name and address of the court or other body that issued the IL, the surname and initials of the authorized officer.
  2. The name and numbers of the materials or case in accordance with which the executive document was issued.
  3. Date of the court decision or act of another body/ official.
  4. The calendar date of entry into force of the document-basis or an indication of its immediate execution.
  5. Information about the creditor and debtor.
  6. The operative part of a decision of a court or other body/official. It must contain requirements indicating the imposition on the debtor of obligations to transfer money or other property to the recoverer, to perform certain actions in favor of the latter or to refrain from them.
  7. Date of issue of IL.

If a deferment or installment plan for fulfilling the requirements is granted before the issuance of the IL, the document must indicate the date from which the deadline for their fulfillment begins to run. Act received on the basis court order or being one, is certified by the signature of the judge and official seal. IL issued in accordance with a document of another body is certified by a signature of an authorized person of this authority and its seal. The content of a notarial agreement on the payment of alimony, as well as a court order, is determined by federal law. These documents are signed by those persons by whom they were accepted or certified, and are also certified by a seal.

Art. 50 Federal Law-229 “On Enforcement Proceedings”

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

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

This list is not considered exhaustive. IN regulations Other rights of subjects may also be provided for. The parties to the proceedings may conclude settlement agreement until the end of production. Participants in the relationship bear the responsibilities established by the legislation in question and other regulations.

Art. 101 229-FZ “On enforcement proceedings”

The regulatory act determines the list of income that cannot be levied against. Article 101 of Federal Law-229 “On Enforcement Proceedings” specifies the following types:

  1. Amounts of money received as compensation for damage caused to health.
  2. Funds paid to compensate for damages associated with the death of a breadwinner.
  3. Amounts provided to citizens who received injuries (contusions, injuries, wounds) in the process of performing their official duties, as well as to their relatives in the event of the death of these persons.
  4. Compensation due budget funds subjects affected by man-made or radiation disasters.
  5. Benefits paid to citizens to care for disabled persons.
  6. Annual/monthly sums of money, accrued according to regulations citizens individual categories. These include, in particular, compensation for the cost of medications, travel, and so on.
  7. Amounts paid as alimony provided for the maintenance of minors during the period of search for their parents.
  8. Compensation deductions provided for in labor legislation. These include payments related to business trips, reception, transfer, assignment to work in another area, wear and tear of tools belonging to the employee, as well as amounts provided by the company in the event of the birth of a child, death of relatives, or marriage registration.
  9. Insurance payments under OSS, except for old-age pensions, disability and temporary disability benefits.
  10. Family (maternity) capital funds provided for in Federal Law No. 256.
  11. Pensions paid in connection with the loss of a breadwinner, and additional amounts to them.
  12. Benefits for persons with children, provided at the expense of federal, local and regional budgetary funds, extra-budgetary state funds.
  13. Amounts of material (one-time) support in connection with natural disasters or other emergency circumstances, terrorist act, the death of a relative in the form of humanitarian assistance, as well as for assistance in detecting, suppressing, preventing and solving crimes.
  14. Partial or full compensation for the cost of vouchers, except for tourist ones, provided to an employee or his relatives, including children under 16 years of age, disabled people who are not on the staff of the enterprise, to health and sanatorium-resort institutions located in Russia.
  15. Amounts of reimbursement for travel to and from the place of recovery or treatment, including accompanying persons, if this is provided for by federal regulations.
  16. Social benefits for funeral.

Read also: How to obtain a writ of execution based on an arbitration court decision

A special rule has been established regarding alimony obligations in relation to minor citizens, as well as compensation for damage resulting from the death of the breadwinner. The restrictions on foreclosure on the specified amounts provided for in paragraphs 1 and 4 of Part 1 of Article 101 of the federal law in question do not apply.

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Federal Law of October 2, 2007 N 229-FZ (as amended on December 28, 2016) “On Enforcement Proceedings”

Judicial practice and legislation - 229-FZ On enforcement proceedings

Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, which defines the conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials who, in the exercise of the powers established by federal law, are given the right to impose individuals, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities, the obligation to transfer funds and other property to other citizens, organizations or the relevant budgets or to perform certain actions in their favor or to refrain from performing certain actions, Part 3 of Article 67 imposes an obligation on authorized persons Federal service bailiffs to send to the debtor, to the territorial body of the federal body executive power authorized to exercise control and supervision functions in the field of migration, and to the border authorities a copy of the resolution on the temporary restriction on the debtor’s departure from the Russian Federation.

IN appeal The applicant asks the court to cancel this decision, considering it illegal and unfounded, and to make a new decision to satisfy the stated claim. He believes that Article 848 of the Civil Code of the Russian Federation cannot be applied, since the application raises the issue of violation of rights during enforcement proceedings, and not about transactions for bank clients provided for for accounts of this type. He also believes that the norms of the Law on Enforcement Proceedings and Chapter 10 of the Civil Code of the Russian Federation “Representation” are subject to application. Power of attorney". Indicates that the norm being appealed in part contradicts paragraph 2 of Article 22, Articles 12. 15. 182. 393. 845. 854 of the Civil Code of the Russian Federation and Articles 8. 57. 70 of the Law on Enforcement Proceedings, believing that, within the meaning of these norms. the bank is obliged to transfer funds to the account of the representative of the claimant if the latter has a properly executed power of attorney to perform actions provided for by law.

In contrast to the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, the BC RF does not provide for voluntary execution judicial acts before the claimant submits an application in accordance with Art. 242.2 BC RF.

The reference in Ch.’s appeal to the incorrect application by the court of the provisions of the Criminal Code procedural code of the Russian Federation, the Federal Law on Enforcement Proceedings, the Civil Procedure Code of the Russian Federation is based on an erroneous interpretation of the norms of current legislation, does not refute the conclusions of the trial court and does not indicate the illegality of the decision.

2. The decision to collect insurance premiums from the property of the insured - a legal entity or individual entrepreneur accepted by the head (deputy head) territorial body the insurer in the form of a corresponding resolution, which is sent to the bailiff for execution in the manner prescribed by Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, taking into account the features provided for in this article.

8. State cadastral registration and (or) state registration of rights to a property at the request of a bailiff are carried out in cases where rights arise on the basis of a judicial act or in cases provided for by Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” "

In accordance with Budget Code The Russian Federation has established a three-month period for the execution of judicial acts on claims against the Russian Federation, a constituent entity of the Russian Federation, municipality(clause 6 of article 242.2); execution of judicial acts providing for foreclosure on funds federal budget for monetary obligations of federal budgetary institutions (clause 8 of Article 242.3); execution of judicial acts providing for foreclosure on funds from the budget of a constituent entity of the Russian Federation for monetary obligations of budgetary institutions of a constituent entity of the Russian Federation (clause 7 of Article 242.4); execution of judicial acts providing for foreclosure on local budget funds for monetary obligations of municipal budgetary institutions (clause 7 of Article 242.5). Moreover, if the accounts to the federal budgetary institution, a budgetary institution of a constituent entity of the Russian Federation, a municipal budgetary institution are opened in an institution of the Central Bank of the Russian Federation or in a credit organization, the execution of a judicial act providing for the levy of execution on funds from the federal budget, the budget of a constituent entity of the Russian Federation, the local budget is carried out in accordance with the Federal Law “On the Executive production" (clause 13 of article 242.3, clause 12 of article 242.4, clause 12 of article 242.5 of the Budget Code of the Russian Federation).

Read also: Sample application to bailiffs to initiate enforcement proceedings

A notary's writ of execution is a writ of execution, which is subject to forced execution in the manner established by the civil law. procedural legislation Russian Federation for execution court decisions, i.e. using enforcement measures provided for by Federal Law dated October 2, 2007 N 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Law on Enforcement Proceedings).

The debt in respect of which the court decision has entered into force is subject to collection in the manner established by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings.”

Debt that must be collected through enforcement proceedings is recognized as hopeless and is subject to write-off after three years from the date the judicial act enters into legal force. The debt is considered uncollectible if there is a decree from the bailiff to terminate enforcement proceedings if it is impossible to establish the location of the debtor and his property; if the debtor does not have property, money, or other valuables that can be foreclosed on; in case of liquidation of the organization.

Federal Law “On Enforcement Proceedings” (229-FZ) 2020

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1.FZ on bailiffs and enforcement proceedings

2. Structure of the bailiff service. Organization of the work of the district bailiff department

The bailiff service includes:

* Department of Bailiffs of the Ministry of Justice of the Russian Federation, headed by the Deputy Chief Bailiff of the Russian Federation;

* Bailiff Service of the Directorate of Military Courts of the Ministry of Justice of the Russian Federation (hereinafter referred to as the Directorate of Military Courts), headed by the Deputy Head of the Directorate of Military Courts - Chief Military Officer bailiff;

* bailiff services of the justice authorities of the constituent entities of the Russian Federation (hereinafter referred to as the bailiff services), headed by deputy heads of the justice authorities of the constituent entities of the Russian Federation - chief bailiffs of the constituent entities of the Russian Federation;

* district, inter-district or corresponding to them according to administrative - territorial division subjects of the Russian Federation, divisions of bailiffs, consisting of bailiffs for ensuring established order activities of courts and bailiffs - executors, headed by senior bailiffs.

3.Legal status of the bailiff. Rights and duties of a bailiff.

Compulsory execution of judicial acts of courts general jurisdiction And arbitration courts related to the transfer of funds, other property, or the commission of certain actions or abstention from such, is entrusted to bailiffs.

Their status and activities are regulated by the Federal Law “On Bailiffs” and the Federal Law “On Enforcement Proceedings”.

Bailiffs, together with bailiffs to ensure the established procedure for the activities of courts, form single service bailiffs.

Bailiff service - federal body, part of the Ministry of Justice of the Russian Federation, is a qualitatively new element of the executive branch with the status of a law enforcement agency.

Bailiffs are entrusted with the tasks of ensuring the established procedure for the activities of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, courts of general jurisdiction and arbitration courts, as well as the execution of judicial acts and acts of other bodies provided for by the federal law on enforcement proceedings.

To ensure the established procedure for the activities of the court, the bailiff is obliged to:

ensure the safety of judges, assessors, participants in courts trial and witnesses;

carry out the orders of the chairman of the court, as well as the judge or presiding judge court hearing; execute the judge’s decisions on the application of procedural coercive measures provided for by law;

provide security for buildings, meeting rooms and court premises during working hours.

To perform the functions assigned to him to ensure the established procedure for the activities of the courts, the bailiff has the right to use physical force, special means and firearms in cases and in the order provided for by law about bailiffs (Articles 11, 15–18).

The bailiff is vested with the powers to enforce a judicial act (Article 12).

The requirements of the bailiff are mandatory for all bodies, organizations and officials on the territory of the Russian Federation.

The enforcement measures used by bailiffs are: foreclosure of the debtor's property by seizure of property and its sale, organized by a bailiff; foreclosure on wages, pension, other types of income of the debtor, foreclosure on funds and other property of the debtor held by other persons; confiscation of certain items from the debtor and transferring them to the recoverer; other measures.

1. A writ of execution on the collection of funds or their arrest may be sent to a bank or other credit organization directly by the recoverer.

2. Simultaneously with the writ of execution, the claimant submits an application to the bank or other credit organization, which indicates:

1) details of the recoverer’s bank account to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if available), details of the migration card and document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

3) name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and legal address of the claimant - a legal entity.

3. The representative of the claimant presents a document certifying his authority and the information specified in Part 2 of this article about the claimant and himself.

4. Lost power. - Federal Law of July 28, 2012 N 144-FZ.

The provisions of Article 8 of Law No. 229-FZ are used in the following articles:
  • Compliance with the requirements of judicial acts by issuers and professional market participants valuable papers
    2. Simultaneously with the writ of execution on the write-off of securities, the claimant submits an application indicating the information provided for in clauses 2 and 3 of part 2 of article 8 of this Federal Law. The representative of the claimant submits a document certifying his authority and the information provided for in this article about the claimant and himself.
  • Executive actions
    16) check the correctness of the deduction and transfer of funds according to judicial act, an act of another body or official, as well as the correctness of debits from the debtor’s personal account in the register maintenance system and securities accounts in depositories opened by a professional participant in the securities market in accordance with Federal Law of April 22, 1996 N 39-FZ “On the Securities Market securities" (hereinafter referred to as the personal account and securities account), and crediting to the personal account or securities account of the claimant of issue-grade securities at the request of the claimant or upon own initiative, including according to executive documents presented in the manner prescribed by Part 1 of Article 8, Part 1 of Article 8.1 and Part 1 of Article 9 of this Federal Law. When conducting such an inspection, the organization or other person specified in Part 1 of Article 8, Part 1 of Article 8.1 and Part 1 of Article 9 of this Federal Law is required to submit to the bailiff the relevant accounting and other documents;
  • Foreclosure of funds
    6. In case of reasonable doubts about the authenticity of the writ of execution received directly from the claimant (his representative), or doubts about the reliability of the information presented in accordance with Part 2 of Article 8 of this Federal Law, a bank or other credit organization has the right to verify the authenticity of the writ of execution or reliability of information, delay the execution of the writ of execution, but not more than seven days. When carrying out this check, the bank or credit organization immediately suspends transactions with funds in the debtor's accounts to the extent of the amount of funds subject to collection.