Judicial acts, decisions of state bodies or individual officials must be enforced by Russian citizens. But how can one control the implementation of certain norms? The answer to this question is provided by No. 229-FZ "On Enforcement Proceedings" as amended by 2017.
General Provisions of the Federal Law
The presented regulatory act contains a number of conditions for the enforcement of various decisions and documents. What are the tasks of enforcement proceedings? In article 2 of Chapter 1, “Fundamental Provisions” No. 229-FZ, the norms are enshrined in accordance with which the tasks of the executive nature are to ensure the timely and competent implementation of various regulations. The purpose of this is, of course, the protection of the rights, interests and freedoms of man and citizen.
Enforcement proceedings are carried out by specially authorized bodies - the FSSP (Federal Bailiff Service) and its territorial branches. It is also worth highlighting the registered collection instances, also included in the MTP system.
In accordance with article 3 of the law in question, the principle of priority of international law over national law applies. So, in case of contradictions, the rules of the international treaty should apply.
On the principles of enforcement proceedings
No. 229-ФЗ "On Enforcement Proceedings" is based on a number of principles that should be indicated. According to article 4 of the normative act in question, the first and most basic principle of production of an executive nature is, of course, legality. No. 229-ФЗ must not contradict the Russian Constitution and international treaties. The second principle is respect for the dignity and honor of a citizen. It is easy to guess that a normative act designed to protect the rights and freedoms of man and citizen should not detract from the dignity of people. The third principle is to ensure the timely execution of an executive action. This also includes the enforcement of enforcement measures. This principle strengthens the obligation to efficiently and effectively carry out the main procedural actions.
The last two principles, according to No. 229-ФЗ "On Enforcement Proceedings", relate to the inviolability of the established property minimum of debtors and members of his family, as well as the relevance of the claimant and enforcement measures.
Participants in Enforcement Proceedings
According to article 48, the main persons in the implementation of production of an executive nature are:
- debtor and claimant;
- citizens specified in the document involved in the implementation of requirements;
- translators, witnesses, experts, witnesses and many other persons specified in the document on enforcement proceedings.
All parties to the proceedings have the right to familiarize themselves with the case materials, to make copies of them, to submit petitions and complaints.
Executive documents
Documentation plays a critical role in the implementation of executive production. The executive documents of the following type are fixed in Article 12, Chapter 2 No. 229-FZ:
- sheets of enforcement proceedings. They are issued by courts from the system of general jurisdiction, and in some cases by arbitration courts.
- Court orders.
- Alimony Agreements certified by a notary.
- Special certificates issued by special labor dispute commissions.
- Resolutions of the FIU and Special Insurance Funds.
- Acts of control and supervising instances.
- Judicial and any other acts concerning administrative offenses.
- Decisions of bailiffs from the judicial system.
- Executive notarial inscriptions.
- Requests to central authorities in order to ensure enforcement obligations.
- Documents on enforcement proceedings issued by representatives of foreign authorities.
- Acts of any other bodies provided for by the Federal Law.
No. 229-ФЗ dated 02.10.2007 establishes the requirements for executive documents. Article 13 states that any of the types of documentation presented above should contain information about the authority that issued the document, information about the debtor or collector, the location of individual authorities, etc.
On timelines in enforcement proceedings
Chapter 3 No. 229-FZ contains information on periods of enforcement proceedings. According to article 15, dates must be determined by calendar dates. Weekends cannot be included in them. All terms are established, of course, by the appropriate authority, whose duties include the preparation of a document on the production of an executive nature. And when can the deadline be completed? This is what article 16 points to:
- the day indicated in the document on enforcement proceedings;
- the day preceding the day established in the document, if it is necessary to perform a series of actions before the indicated date.
Failure to meet the deadlines, in accordance with article 17 of the law in question, entails the imposition of liability. 
However, missed deadlines can be restored. This is stated in Article 18 No. 229-FZ "On Enforcement Proceedings". For this, a special application must be filed indicating good reasons for missing. MTP after its consideration will make an appropriate decision. Dates can also be paused and extended. Decisions here are made by the relevant government agency.
About enforcement proceedings
The bailiff executes the proceedings of an executive nature. A statement is signed, which may contain any legal requirements. All necessary documentation is sent to the place of execution of executive actions.
The initiation of office work may be refused. There must be the following reasons:
- not all documents are certified or signed;
- the documents were sent to the wrong place;
- the time period for enforcement proceedings has expired;
- documents have already been submitted earlier;
- the relevant judicial act has not yet entered into force.
When does enforcement proceedings end? The current version No. 229-ФЗ "On Enforcement Proceedings" refers to the following cases:
- debtor's death;
- loss of the right to execute the relevant document;
- the claimant's refusal of his claims.
Enforcement proceedings only end when all the requirements specified in the document are met.
About executive actions
The most important elements of enforcement proceedings are enforcement actions. According to Article 64 No. 29-ФЗ "On Enforcement Proceedings", there are the following types of executive actions:
- Documentation checks
- request for information and personal data about the participants in the production;
- challenge of the parties to the executive;
- transfer by legal entities and individuals of requirements that are enshrined in executive documents;
- a visit to the debtor’s home without his own consent, but with the permission of the bailiff;
- seizure of property;
- the implementation of the search for the debtor;
- consideration and analysis of petitions and complaints from the parties to the proceedings;
- collection of enforcement fees;
- the establishment of temporary restrictions for the debtor;
- verification of the correctness of executive actions, etc.
Thus, the responsibilities of persons involved in enforcement proceedings include a truly large number of functions.
About executive fee
What is an executive fee? The answer to this question is provided by Article 112 No. 229-ФЗ "On Enforcement Proceedings" with comments dated 05.28.2017. The pecuniary sanction, which is imposed on the debtor in the event of repeated violations of the rules established by the court, is a sanction of an executive nature. Fees from such penalties go to the federal budget.
The size of the enforcement penalty is equal to seven percent of the amount to be collected. However, the amount should not be less than 1 thousand rubles for individuals and 50 thousand rubles for legal entities.
On the protection of the rights of production participants
Chapter 17 of the considered normative act establishes the norms of protection of the parties to production. Article 118 refers to the protection of the rights of the claimant if the requirements of the writ of execution were not executed in time. So, the collector has the right to present to persons that they pay the debtor salaries, scholarships or other payments, claims for collecting money from payments.
Article 119 refers to the possibility of filing motions with a court in the event of property disputes. The same applies to damages. It is possible to dispute the actions of bailiffs. All this should be done only in court.
FZ-229 "On Enforcement Proceedings" as amended on May 28, 2017
What changes were made to the considered regulatory act in 2017? It is worth highlighting the addition of Article 22, which states the interruption of the term of an executive document. Clause 3.1 provides for periods of renewal of enforcement documents.
Article 70, enshrining the rules on foreclosure in cash, was supplemented by a rule on the return of a document by a bank in a timely manner. Article 98 on the recovery of salaries was supplemented by the rules on the employer of the debtor and his obligations in the recovery of salaries.