Termination of enforcement proceedings means its complete end without further implementation of the decision (the rest of it) and the right to resume it. It cannot be excited again. Let us consider in more detail how the termination of enforcement proceedings occurs.
Normative base
The rules in accordance with which enforcement proceedings are completed are provided for in Federal Law No. 225 (from October 2, 2010). Part one shows the cases in which this procedure takes place. Part three defines the procedure for terminating enforcement proceedings. In such cases, the bailiff cancels all prescribed measures.
The reasons
The grounds for termination of enforcement proceedings are listed in Art. 439 of the Federal Law. In particular, the reasons include:
- Acceptance of refusal by the creditor to recover.
- The conclusion between the participants in the process of settlement.
- The death of the debtor or the recoverer, the declaration of death, their recognition as missing if the requirements or obligations established by the act of the authorized instance cannot be transferred to the property manager or assignee.
- Expiration for the collection of this species.
- Insufficiency of the debtor's property to satisfy the claimant.
- The cancellation of the act of the authorized instance, in accordance with which the writ of execution was issued, or of the paper that is by force of law.
- Refusal by the claimant to accept items that were seized from the debtor in the process of implementing the decision to transfer them to the plaintiff.
Specificity
A number of the above reasons may lead to the termination of enforcement proceedings by the court at any stage. In particular, this applies to cases of death or declaration of the debtor as dead (if succession is impossible), adoption of a settlement agreement, refusal to recover. The first two circumstances, for example, entail the termination of enforcement proceedings on alimony. According to the law, these obligations are personal in nature and cannot be transferred to other persons. It should be noted at the same time that in the last two situations a court approval is necessary. An authorized dispute resolution official must explain to the parties the consequences of these measures. Acceptance of refusal or approval of a settlement agreement is not allowed, and, therefore, the termination of enforcement proceedings, if this infringes on the interests and rights of others.
Bankruptcy
About the liquidated organization is referred to in paragraph 4, part 1 of article 439. Disputes regarding the insolvency of organizations are subordinate to arbitration instances. Nevertheless, it cannot be ruled out that a similar situation may arise in the execution of decisions of judicial bodies of general jurisdiction. In this regard, this provision requires a broader interpretation. It includes special cases. In particular, we can talk about situations when, in case of bankruptcy, the property of the debtor may not be enough to satisfy the claimant. In accordance with Art. 25, p. 4 of the Civil Code after settlement with creditors is completed, an entrepreneur who is declared insolvent is freed from other obligations that are related to his commercial activities and other claims that were presented and taken into account when he was declared bankrupt. 
Along with this, claims of persons to which the debtor is responsible for causing damage to health or life, as well as other personal obligations, remain. After graduation bankruptcy proceedings registration of a person as an entrepreneur is null and void. Subsequent disputes involving a citizen are subject to jurisdiction of general jurisdiction.
additional information
As such, the termination of enforcement proceedings is not provided for in the law. Normative acts establish only the reasons for which it can be completed. Upon cancellation of the decision of the authorized body in accordance with which the writ of execution was issued, the proceedings shall be terminated. However, there are cases when a new decision is made to partially or completely refuse a lawsuit. An authorized authority may decide to terminate the proceedings directly or leave the application without consideration. In such situations, it is necessary to resolve the issue of turning the implementation of the solution. The document, according to which the enforcement proceedings are terminated, is attached to the case file and cannot be re-submitted.
Features of documentation
The decision on the termination of enforcement proceedings shall include all the prescribed coercive measures. These include, but are not limited to, seizure of property and restrictions established for the debtor. In Spanish the sheet is marked on the part in which the decision on the case was implemented (at what stage the enforcement proceedings were). 
Effects
Together with the issuance of a decision to terminate the main enforcement process, except as provided for in paragraph 2 (paragraphs 4 and 5) of Art. 43 of the Federal Law No. 225, proceedings are initiated according to the provisions that have not been partially or fully implemented to recover the costs of the actions of officials, as well as the performance fee, from the debtor. The latter is mandatory. In the event that after the completion of the main enforcement process a new one was instituted, as provided for in para. 2, then the established restrictions for the defendant are retained in the amounts necessary for the implementation of the new collection procedure.
Documents
Copies of the definition of an official certifying the termination of enforcement proceedings, the abolition of coercive measures, as well as the initiation of a new process in accordance with the rules established in part 2, shall be sent to the debtor, plaintiff, to the authorized authority or to the competent person issuing app. sheet. The papers are also transferred to the authorities that fulfill the decision to establish restrictions for the debtor. Documents must be submitted within three days from the date of the relevant determination. 
Procedure for processing applications
It is regulated by Art. 45 of the considered Federal Law No. 225. An application for termination of enforcement proceedings instituted in accordance with the determination of the arbitral tribunal is considered by it or by a body located in the field of activity of the official authorized to implement the decision. Cases in which completion of the procedure takes place include:
- The implementation of the definitions specified in paragraphs 5, 6 and 8 of Part 1 of Art. 12 Federal Law No. 225 regarding a citizen or organization that carries out commercial activities without forming a legal entity.
- Execution of the bailiff's decision in accordance with Part 16, Article 30 of the Act in question. This provision applies to citizens or organizations that also carry out activities without forming a legal entity.
In cases that are not provided for in parts 1 and 2 of Art. 45, the completion of the decision implementation procedure is carried out by the general jurisdiction located in the territory where the FSSP employee works.
Official actions
An application for termination of enforcement proceedings shall be transmitted to the FSSP employee no later than the day following the day the application was received by the unit.No more than three days are given for consideration of the appeal. As a result, the FSSP employee makes an appropriate decision to suspend or end the proceedings or to refuse to do so. The paper is submitted for approval to the senior official or his deputy. An act of a judicial or other authority on the termination or suspension of proceedings under an executive document shall be immediately executed immediately upon receipt by the FSSP employee.
special instructions
Coercive measures on suspended production are not allowed until it is resumed. After the circumstances that impede the implementation of the decision are eliminated, the procedure resumes. The basis for this is the application of the claimant or the application of the FSSP employee. These provisions do not apply to cases where the procedure is completed for one reason or another.
Separation of powers
The bailiff is asked to end the proceedings in the following cases:
- Decisions on the completion of the implementation of Spanish. sheet.
- Approval of an amicable settlement.
- The cancellation of the act, which was the basis for the issuance of the writ of execution.
- Cancellations or recognition sp. sheet invalid.
- Termination of the execution of the act of the court.
- Making notes on the exclusion of legal entities from the register.
The court should apply with the following cases:
- Death or announcement to the deceased, as well as the absence of a debtor or a recoverer, if succession is impossible.
- The refusal of the claimant to receive things seized from the debtor in the course of the execution of the decision containing such claims.
- Loss of the ability to implement the instructions obliging the debtor to take certain actions.
Sample appeal
In ___ (name of court)
From ___ (claimant / debtor, full name, address)
Statement of completion of enforcement proceedings
____ (date, month, year) by the bailiff ___ (full name, name of the unit of the MTP) instituted proceedings on ____ (the subject of recovery is indicated).
Due to circumstances that impede the implementation of ___ requirements (relevant circumstances are indicated), enforcement proceedings should be discontinued.
In accordance with the facts set forth above, according to Art. 43 Federal Law "On Enforcement Proceedings", as well as Art. 439-440 GPK, I ask:
To terminate the proceedings ___ (the relevant details of the case, the object of recovery, the data of the debtor and the collector are indicated).
The list of documents attached to this application (the number of copies by the number of participants in the case):
Proof of reasons to complete the procedure.
Copy the application for termination of production.
Date ___ Signature _____
Finally
When applying, there is no need to pay state duty. The application is sent to the court of the area where the FSSP employee works. According to Art. 440 Code of Civil Procedure for consideration by the authorized instance of the application shall be allotted no more than ten days. According to the results, the debtor, the recoverer, the FSSP employee are summoned to the meeting. However, the law does not oblige these individuals to attend the hearing. The determination made by the court based on the results of the examination of the application may be appealed. For this, a private complaint is filed with a higher authority. The period during which it is possible to appeal the determination is 15 days. If necessary, the court may restore the statute of limitations. However, good and reasoned reasons are needed for this.
