Law 229-ФЗ "On Enforcement Proceedings" sets forth the procedure and conditions under which the enforcement of judicial decisions, acts of other bodies and persons authorized to impose obligations on entities to transfer funds and other property to other organizations, citizens or the budget, or perform specific actions in favor of these persons, as well as refrain from any activity.
System tasks
The Law "On Enforcement Proceedings" (the current publication) calls the main function of the Institute to ensure the timely implementation of court orders, acts of other bodies and persons to protect violated freedoms, rights and interests of organizations and citizens, as well as to comply with obligations under international agreements. In cases stipulated by the norms, these tasks apply to other documents.
Principles
They are set by 4 tbsp. Law "On Enforcement Proceedings". The fundamental principles of a regulatory document include:
- Respect for the dignity and honor of a citizen.
- Legality.
- Timely implementation of appropriate actions and enforcement measures.
- The inviolability of the minimum property that is necessary for the existence of the debtor and his relatives (family members).
- Correlation of the volume of claims made by the claimant and coercive measures.
Authorized bodies
As them 229 the Law "On Enforcement Proceedings" names the structures of the Federal Service for Social Insurance. Direct implementation of the above functions by the normative act entrusts the bailiffs of units of local (territorial) service bodies. The powers of these officials are established by the law in question. The Federal Law "On Enforcement Proceedings" prescribes the mandatory compliance with the bailiff requirements for all local and state administration bodies, organizations and citizens throughout the country. In case of violation of this provision, the authorized person has the right to apply coercive measures.
Data bank
The Federal Law "On Enforcement Proceedings" requires the Federal Service for the Supervision of Social Development to create and maintain, in electronic form, including an information base. It must contain information necessary for the implementation of tasks for the timely compulsory implementation of judicial decisions and acts of other bodies and persons. The procedure in accordance with which a data bank is formed and maintained is established by the main bailiff.
Public Information
The Law "On Enforcement Proceedings" includes such data:
- The date of adoption of the decision (act).
- Type of document, number, name of unit (body) issuing it.
- The date of the initiation of proceedings for the enforcement of the decision.
- Case number.
- Name of organization / full name. citizen, place of birth, address of residence / stay / location in respect of which the proceedings have begun.
- Collection requirements present in the document. An exception is cases when the text of the writ of execution under the law is not subject to posting on the Internet.
- Amount of outstanding debt.
- Name and address of the FSSP unit in which production is started / ongoing.
- Information on the announcement of a citizen or his property on the wanted list. If this is a child, then data on the year of birth and full name are available.
- Information on the return of the writ of execution to the claimant in accordance with the grounds established in paragraphs 3 and 4, part 1 of article46 of the law in question.
Important point
The Law "On Enforcement Proceedings" establishes that the above information becomes publicly available until the date of completion or termination of the collection procedure. The exception is cases of the announcement of the debtor on the wanted list (or his property), as well as the search for a child. The latter are considered public until the date of discovery of material assets or these persons. An exception is also information about the return of an IL to a claimant on the grounds of paragraphs 3 and 4 of paragraph 1 of Article 46 of the considered normative act, data on the completion of production on the grounds formulated in paragraphs 6 and 7 of paragraph 1 of Art. 47. This information is considered publicly available for three years from the end date of the procedure. The Law "On Enforcement Proceedings" prescribes the transfer of information necessary for the repayment of debts on IL to the state information system on municipal and state payments.
Debtors
In cases stipulated by the Law on Enforcement Proceedings, the requirements that are present in court orders and other acts of officials and structures are observed by organizations, including state and municipal institutions, banks and other credit companies, employees and individuals. The procedure establishes the regulatory document in question.
Financial institutions
The Law "On Enforcement Proceedings" provides for the sending of an act containing the relevant requirements by the exactor directly to a banking or other credit institution. Together with this document, the subject must present:
- Details of the current account, to which funds should be received from the debtor.
- Personal data. These include, first name, surname, patronymic (if any), citizenship, place of residence / address of residence, details of the document that certifies the identity of the collector, tax payer identification number (if any), information from the migration card and paper confirming the right residence permit / stay in the territory of the country of a citizen-seeker.
- Details of the organization. If the requester is a legal entity, it is necessary to provide information about the name, TIN (foreign company code), state registration number, address of the location.
The representative of the subject must present a document confirming his authority, as well as the information specified in paragraph 2 above.
Setting deadlines
The Law "On Enforcement Proceedings" (current version) determines that the calculation is carried out in days, months, years. Dates are set by the calendar date, the period within which the action is to be taken, indicating an event. The term runs from the day after the fact that determined the beginning, or the calendar date.
End of period
The federal law "On Enforcement Proceedings" establishes that a period that is calculated in years ends on the corresponding day and month of the last year. The month period ends at the set date of the last month. If there is no corresponding day in the period, then the term ends on its last day. If the last date is non-working, then the end date will be the next business day following it.
Deadline
If the period is missed for some reason, this does not exempt from the obligation to fulfill the requirements established in the executive document. At the same time, the normative act provides for liability for untimely repayment of an obligation. If the appeal deadline for a higher official of the FSSP is missed, inaction / actions or decisions entails the return of the appeal without considering it on the merits. The complaint in this case is deemed not to be submitted.
Recovery period
The missed deadline for filing a complaint can be returned if at the same time a request for this is sent indicating the reasons for missing. If the employee considering the appeal finds them respectful, and the time for submission of the relevant documents is reasonable, the period can be restored. Such a decision is not formalized in a separate resolution. The restoration of the term is expressed in the acceptance of the complaint for consideration on the merits. In case of refusal, the official draws up a resolution. A copy of this document must be sent to the applicant no later than the next day after the decision is made. This document may be appealed in the manner prescribed by law. If the deadline for applying to the court is missed, it shall be restored according to the procedural rules.
Start of procedure
The initiation of proceedings is carried out in accordance with the executive document at the request of the claimant. The appeal of a representative having a document confirming his authority is allowed. The application may contain a request for the application of arrest in respect of property to ensure the fulfillment of the requirements contained in the executive document. It may also contain restrictions for the debtor. The claimant may indicate in the application information about the person to whom the penalty is imposed, attach documents in which there is information about him and other data that are of significant importance and contribute to the timely and full implementation of the requirements.