Decision on the initiation of enforcement proceedings: sample. Decision on the initiation of enforcement proceedings

The issuance of a decision to institute enforcement proceedings is the initial stage of the recovery procedure. It is compiled on the basis of the plaintiff’s application and the document in accordance with Art. 13 Federal Law No. 229.

Foundation documents

In accordance with Art. 12 of the Federal Law No. 229, the following may act as enforcement papers:

1. Alimony Payment Agreement (notarized).
2. Performance list.
3. Certificate of the labor dispute commission issued by its decision.
4. The court order.
5. Act of the body performing control functions on the recovery of funds.

The possibilities of the plaintiff

If there is an IL, the collector has the right to send it directly to a banking or other credit company, without visiting the FSSP and without waiting until a decision is made to initiate enforcement proceedings. However, such an action is advisable if the collector is sure that the debtor has the necessary amount on the account. The plaintiff may obtain information on the financial condition of the defendant from the Federal Tax Service. The tax inspectorate is obliged to provide the necessary data within a week at the request of the applicant upon presentation of the original IL or a copy certified by a notary. The procedure in accordance with which the acceptance and subsequent fulfillment of requirements by banking and other credit institutions is carried out is regulated by the relevant Regulation.

Where to apply?

The collector shall send the IL and the application at the place where the executive actions and enforcement measures were taken. If a natural person acts as a debtor, then documents should be submitted to the address of his residence / stay or location of his property. If the collection is made from the organization, the papers are sent to the place of its registration, the location of the branch. Documents can be submitted at the location of the legal entity’s property.

Debtor Notification

According to the first paragraph of Art. 24 of the Federal Law No. 299, persons who participate in enforcement proceedings must be notified of the commencement of appropriate actions and the application of coercive measures. They can be called directly to the FSSP unit or to the place of implementation of appropriate measures. The call is carried out:

1. By telegram.
2. Notice of delivery.
3. By telephone message.
4. Through electronic and other forms of communication.
5. The person whom the bailiff instructs to deliver the notice.

At present, the methodological recommendations approved by the FSSP are in force regarding the procedure for notifying participants by telephone through automatic calling.

Notification Forms

The legislation provides for two main types of notification of the debtor:

1. The bailiff's decision to institute enforcement proceedings is sent by mail. This option is the most common today.
2. The decision of the bailiff on the initiation of enforcement proceedings is handed personally to the debtor. This can be done directly by the employee himself or the person to whom he instructed to deliver the document. The latter may be the claimant himself or his representative.

According to paragraph 4, part 1 of article 64 of the Federal Law No. 299, the bailiff has the right to give instructions to legal entities and citizens to fulfill the requirements present in executive documents.A similar nature of the norm is also fixed in paragraph 2 of Article 12 of the law governing the direct activities of authorized employees of the FSSP. In accordance with this provision, the bailiff can entrust individuals and organizations to carry out actions relating to certain executive procedures.

Fact fixation

If the decision to initiate enforcement proceedings, the summons or other notice is delivered by post or by the person who was instructed to do so, the time and date of receipt by the addressee is indicated in the document that is to be returned to the FSSP unit. When sending papers in another way, the fact is recorded in the manner established for a particular method. For example, a telegram is delivered to the specified address by the telecom operator, and the time and date of delivery are noted in the notification.

Term

Decisions on the initiation of enforcement proceedings shall be adopted within three days from the date of receipt of the application and IL. The legislation provides for an additional imposition of a monetary penalty on the debtor. It is called executive fee. Such a penalty is imposed if the debtor has not timely fulfilled the requirements. The calculation of the period begins from the moment he received the decision to institute enforcement proceedings. IL can be performed immediately. The period during which the bailiff can take an appropriate decision on imposing a fee is not established by law. The penalty is imposed at the end of the period specified in paragraph 1 of Article 112 of the Federal Law No. 299, if the debtor has not shown evidence of the validity of the reason for non-compliance with the requirements.

Additional payments

In the process of compulsory fulfillment of the presented requirements, a decision may be made on the recovery of expenses for the commission of actions by employees of the FSSP and fines. This serves as the basis for starting a new procedure. However, a separate production is not instituted until the completion of the main one. This requirement is present in part 15 of article 30 of the Federal Law No. 299.

Executive Order: Model

The execution of this act is carried out according to the rules established by Article 14 of Law No. 299. The decision of the bailiffs on the initiation of enforcement proceedings contains:

1. Surname and initials of the authorized employee of the FSSP, who accepted the documents and drew up the act.
2. Name and address of the FSSP unit.
3. Date of the act.
4. Production number assigned to the regulation.
5. The subject of requirements. In particular, the amount of debt to be collected is indicated.
6. The grounds in accordance with which a decision is drawn up on the initiation of enforcement proceedings with reference to Art. 6 12-14, 30, 21, 67, 112 of Law No. 299.
7. The main details of the IL.

In the event that the document was received by the FSSP employee for the first time, then it indicates the period for voluntary repayment of obligations. It is equal to five days (workers). The act also indicates the details of the financial institution where you can pay the debt, fee and other expenses. The decision to initiate enforcement proceedings must be certified by the signature of the authorized employee and the seal of the FSSP unit.

Provision of IL

If the organization acts as a debtor, then the decision on the initiation of enforcement proceedings contains a warning that in case of failure to pay off obligations, there may be consequences for the legal entity:

1. The seizure of property or the enforcement of foreclosure on it and property rights.
2. Administrative responsibility. It is provided for by art. 17.14 and 17.15 of the Code of Administrative Offenses.
3. Criminal liability. It is set in Art. 315 of the Criminal Code for the chief accountant and head of the organization.

If the debtor is an individual, then the decision to institute enforcement proceedings contains indications of the likely consequences for the citizen:

1. Seizure of property rights and material values.
2. Restriction of the possibility of traveling outside the country.
3. Penalty on income.
4. Administrative responsibility under Art. 17.15 and 17.14 of the Code of Administrative Offenses.
5. Criminal punishment under Art. 177 of the Criminal Code.

Warnings

In the decision of the bailiff, the debtor is notified that:

1. After the end of the period for voluntary repayment of obligations, the employee has the right to apply coercive measures under part 3 of article 68 Federal Law No. 299.
2. According to clause 6, part 1, article 64 of the above law, the bailiff is entitled, with the written permission of the senior employee, to enter the debtor’s premises without the consent of the latter.
3. The requirements of the FSSP employee are mandatory for all local and state government bodies, organizations and citizens and must be strictly observed throughout the Russian Federation.
4. A person may be prosecuted for malicious evasion of paying alimony debt.
5. Failure to pay the fine within the prescribed period shall entail its replacement with another punishment. In the event that within ten days after the end of the specified period for payment, the employee has not received confirmation of the deductions, he sends the corresponding submission to the sentencing authority. The court, having studied the materials, can replace the fine with a more severe punishment.

FSSP employee information

The debtor is obliged to provide the bailiff with information on the rights (exclusive including) that belong to him. He must also inform the authorized employee of information on accounts opened with banks and other credit organizations, including those to which salaries are credited. The debtor also provides data on those funds for which collection cannot be applied.

Conclusion

The decree of the bailiff should explain the rights and obligations of the debtor. In particular, legislation provides an opportunity to appeal this act. The term and procedure should be clarified in the decision. The head of the FSSP department, his deputy and senior officials of the service are entitled to cancel the act. Copies of the decision shall be sent to the debtor, the claimant and the authority to which the writ of execution was issued.