The decision of the arbitral tribunal shall enter into force one month after its adoption if no complaint has been filed. In case of its submission, the act, if it is not amended and not canceled, begins to act from the date of the decision of the appellate court. The decision of the arbitral tribunal relating to intellectual property rights shall enter into force immediately upon adoption.
Appeal
A judicial act may be challenged in the prescribed manner. If the complaint has not been filed on time, the decision or decision shall enter into force at the end of the appeal period. In the event of its renewal, it is considered that the decision has no legal force. Acts of the cassation or appeal instance shall come into effect from the moment they are proclaimed. If they were adopted as a result of consideration in a written proceeding, they shall become legal five days after their copies are sent to the participants in the proceedings. Acts not subject to appeal shall enter into force from the moment of their decision.
Specificity
Decisions or definitions that have entered into force are binding on all participants in the process, as well as their assigns. The acts apply to organizations, institutions, enterprises and bodies, individuals and officials. The conditions established in decisions that have entered into force in one case cannot be disputed in another proceeding involving the same parties.
Procedure for the enforcement of a court decision
The law provides for two ways to fulfill the obligations established by the act. A court decision may be enforced voluntarily or compulsorily. For each act that has entered into force or is appropriate for implementation immediately, a special document is issued. It is called a writ of execution. If several plaintiffs or defendants participated in the proceedings, the authorized authority may issue several documents. At the same time, in each writ of execution there must be an exact indication of the part that should be performed. In case of action securing a claim at the request of the persons in whose favor the act was adopted, copies of documents are issued that confirm the implementation of the definition of collateral.
Important point
Writ of execution issued first instance courts. If, based on the results of the review, the cassation or appeal body leaves the adopted act on the merits of the claim unchanged, it will adopt a new resolution or make adjustments to the already approved one, the above-mentioned document is issued by this body. This provision applies if the application for the issuance of a writ of execution was sent before the case returned to the first instance.
Special circumstances
In the event that there are any obstacles to the implementation of the obligations established in the act, the authorized official may submit a submission, and the participant in the case may submit an application for a deferral. As "special circumstances" may be the lack of property or funds in the account, natural disaster, and so on. The postponement of the execution of the decision of the arbitral tribunal may also be considered at the initiative of the court itself, which adopted it.
Code of Civil Procedure of the Russian Federation
The Code contains a provision allowing the debtor to request a deferral of enforcement of the judgment. The institution, in turn, is obliged to accept the appeal and consider it.A delay in the enforcement of a court decision may be granted in connection with the financial situation of the debtor or other circumstances that create obstacles to the fulfillment of the obligations prescribed to him. However, the authority is not required to make a positive decision on this request.
Reasons for handling
Why do we need a delay in enforcing a court decision? When an act, for example, on debt collection, is adopted and enters into force, the next step for the lender will be to appeal to the bailiffs. MTP is authorized to take enforcement measures against the debtor. Based on the documents provided by the plaintiff, enforcement proceedings are instituted. Further, the bailiff begins, in fact, the penalty. Coercive measures involve various actions by officials. In particular, it could be seizure of property including bank accounts, salary deductions, restrictions on leaving the country and much more. As a result, the debtor in fact becomes a prisoner. He cannot freely dispose of his funds, go abroad, until he pays off his debt. Delaying the enforcement of a court ruling allows you to put off all of these unpleasant consequences. For example, this is true if a citizen has planned a trip.
When should I apply?
First of all, it should be noted that delaying the enforcement of a court decision does not change the act itself. Only the process of implementing the requirements is directly adjusted (in the case of a positive outcome). The grant of a postponement is permitted in respect of acts that have already entered into force. As mentioned above, a month is given for appeal. An appeal may be filed during this period. If the appeal is not supposed, then you just need to wait 30 days until the act comes into force. After this period, you can apply for a deferral.
Consideration Features
The application should be submitted to the same authority that adopted the act. The state duty for him is not provided. However, as a general rule, the number of copies should be equal to the number of participants in the case. Consideration of the application is carried out during a separate hearing. Participants in the process will be notified of the date and time of the meeting. The absence of any party does not act as an obstacle to the consideration of the application, unless otherwise provided by law. As practice shows, the trial in this case is not particularly difficult. However, a positive outcome cannot be guaranteed either. Nevertheless, the meeting should be prepared.
Grounds and Dates
Deferral means that the execution of a judicial act is postponed for a specific period. During this period, neither the creditor nor the bailiffs are entitled to collect any claims. However, at the end of the deadline, the obligation will still have to be fulfilled. The reasons for such treatment may be various reasons. For example, staying on parental leave, treatment in a hospital, a certificate from the employment service, where the debtor is registered as unemployed, and so on. The main condition is the documentary evidence of the grounds (certificates, certificates, certificates, conclusions, etc.). In theory, the court can ask for any reasonable time. In practice, the period for which production is suspended is a year.
Installment plan enforcement
This is another option to make life easier for the debtor. However, unlike the previous method, the execution of the decision is not suspended. Instead of paying off the full amount, you can ask to do it in parts. When submitting an application, a reasonable and optimal schedule for making payments should be indicated. As in the previous case, the scheme should be justified. For example, this can be done by providing a certificate of employment. It indicates the monthly payment.Also, the debtor can provide copies of other loan agreements, the law on the birth of minors who are dependent, receipts for utilities paid strictly monthly and other papers. Based on these documents, the debtor can first deduct all additional payments from his salary and, based on the balance, calculate how much he can give to the creditor. This option is similar to a loan to some extent. If you make a positive decision, you can follow the instructions without much damage to your budget.