The practice of applying the Federal Law "On Enforcement Proceedings", adopted in 1997, has accumulated a large number of issues that could only be resolved by adopting new provisions. In this regulatory act, the deficiencies in the regulation of the system were clearly visible. In this regard, in 2007 a new Federal Law "On Enforcement Proceedings" was published. He not only filled in the gaps, but also legally fixed the main tasks and principles of the institute. Next, we consider in more detail the law on the suspension of enforcement proceedings. A sample ruling will also be described in the article. 
General information
The 2007 law provides for a new procedure under which termination and suspension of enforcement proceedings are carried out. This is its main difference from the previous normative act. So, in accordance with the previous law, the suspension of enforcement proceedings by the court and only him was allowed. Since February 1, 2007, these powers are also assigned to a certain category of officials. In particular, the suspension of enforcement proceedings by the bailiff is now allowed. In accordance with this, new versions of Articles 439, 437 and 436 of the Civil Procedure Code are set forth. According to Art. 436 the court is required, and under Art. 437 - the right to partially or completely suspend production in certain cases. They are listed in the provisions of the Law. In addition, the regulatory act includes the grounds for the suspension of enforcement proceedings. This suggests that a high-quality processing of the regulations has been carried out. Nevertheless, there are also problematic issues in the Law.
Definition
The enforcement proceedings shall be initiated in accordance with the decision of the authorized body. However, there is a likelihood of occurrence of temporary, but not determined by its duration circumstances, which exclude the possibility of its continuation. In this case, the right to suspend enforcement proceedings is used.
This measure is considered temporary. It provides for the cessation of actions provoked by usually (objective) circumstances independent of the parties to the case. They do not allow the continuation of judicial enforcement proceedings. In relation to these circumstances, as a rule, it is impossible to establish the time of elimination. In this regard, the suspension of judicial proceedings involves the postponement of the commission of prescribed actions for an indefinite period. In this case, the circumstances are undoubtedly temporary, and it is clear that one day they will disappear. But when it will be possible to continue the action, it is not clear due to the specifics of the cases.
Differentiation of definitions
In the scientific literature, suspension was interpreted as a “delay”. However, this definition is not accurate. In any case, a “postponement” of execution implies the resumption of production after a while. The concept under consideration does not provide for such a "binding". The implementation of the determination of the case may not always continue. The execution of the act is not renewed upon cancellation of the decision by the judicial authority of the verification authority. 
Section 39
It establishes cases in which there is a partial or complete suspension of enforcement proceedings. These include, in particular:
- Filing a lawsuit against the release of property that was foreclosed by order from seizure (exclusion from the inventory).
- Challenging the bailiff's ruling on the reimbursement of the performance fee.
- Claim on the results of the valuation of property that was seized and other cases provided for by Art. 39.
The provisions of article 40
Enforcement proceedings are suspended in the manner that is determined by the procedural requirements and the considered normative act, if there is:
- Challenging the act of an official or body authorized to disassemble cases of an administrative offense.
- Stay of the debtor on a long business trip.
- Challenging a document or an act, which is the basis for the issuance of a writ of execution.
- Appeal of the debtor, recoverer or authorized official to clarify the provisions of the resolution, the procedure and method for its implementation.
- Challenging the inaction (action) of the bailiff or refusal to perform actions and other cases provided for in Art. 40.
Important point
The suspension of enforcement proceedings should be distinguished from the transfer of actions. In particular, the following features should be noted:
- Term. The suspension of production is carried out for an indefinite period. When transferring actions, an official is always obliged to precisely set a new time for their execution.
- Circumstances. When production is suspended, factors take place that are independent of the will of the process participants. Transfer, as a rule, is due to subjective circumstances.
- Resume action. When transferring, it is enough to set a new time for the implementation of the decision. In the case of circumstances of indefinite duration, re-instituting enforcement proceedings is necessary.
List of reasons
The enforcement proceedings service may temporarily terminate actions under a resolution in the presence of certain circumstances. The list present in Art. 39 and 40 is considered to be exhaustive and not subject to expanded interpretation. If any circumstances clearly prevent the continuation of the enforcement proceedings, the bailiffs are obliged to temporarily stop it until the difficulties are removed. After this, actions by decision are renewed at the initiative of the official or at the request of the claimant. A number of reasons should be given for why production may be suspended. These include:
- Revocation of a banking organization license from a credit institution acting as a debtor. The exception is cases provided for in the Law on Banks and Their Activities.
- The application of bankruptcy proceedings against the debtor organization by the arbitral tribunal in the manner prescribed by art. 96 of the Act.
- Acceptance of the debtor's claim for installment payment or deferral of collection, reduction of its value, or for exemption from it.
- Notification by the bailiff to the Bank of Russia or the Federal Tax Service seizure of property organization.
Bailiff Powers
This official may fully or partially terminate the action by order. In this case, a petition is filed to suspend enforcement proceedings. The law allows this in cases:
- Finding the debtor in a hospital medical facility for treatment.
- Wanted ads for citizen (child).
- Appeals of the debtor who serves in the Armed Forces and other troops, military bodies and units formed in accordance with the law.
- Directions of the resolution for instructions to perform certain executive actions or apply specific coercive measures. This provision is established h. 6 Article. 33 of the Act.
The chief bailiff of the country or any of its subjects, as well as their deputies, can suspend the proceedings upon receipt of complaints about the decision, on the inaction (action) of officials subordinate to them.
Special cases
In accordance with Part 1 of Art. 40 temporary termination of actions by definition is mandatory in the event that the debtor loses his legal capacity, his death, declares him dead or missing, if the duties or requirements of the person under the decision allow succession. Production in this case is suspended until the assignee is established. After determining it (in case of death), it will become clear who will continue to fulfill obligations, which in itself implies the elimination of circumstances that prevented the completion of the actions prescribed by the resolution.
If the debtor is declared missing, the proceedings shall be suspended until the date of transfer of obligations to the manager, appointed in the manner established by law. Be sure to terminate actions by decision upon recognition of the insolvency of the debtor organization (bankruptcy) by arbitration until a decision is made on the merits regarding the further fate of its property. With the introduction of bankruptcy proceedings, executive documentation is transferred to the bankruptcy trustee.
The claimant in this case becomes one of the creditors. When restoring the solvency of an organization recognized as bankrupt (for example, after external management or financial recovery), enforcement proceedings may be continued. In case of loss of legal capacity, the actions of the decree are terminated until the appointment of a guardian. When serving, participating in military conflicts, production is suspended until the end of the term or the end of hostilities.
Challenging
An application for suspension of enforcement proceedings may be filed upon appeal of the decision. After the adoption of the appeal for consideration, the actions under the prescriptions of the resolution are temporarily terminated. An application for the suspension of enforcement proceedings shall be filed in cases provided for by law.
Actions are terminated until the complaint is reviewed. This is a special definition. If the inaction (action) of an official or body having the authority to examine cases of administrative offenses and issuing an appropriate resolution, which became the basis for enforcement proceedings, is disputed, it shall also be suspended until the consideration of the claim on the merits is completed. As a result, a decision is made that determines the fate of the act.
Powers of Arbitration
The suspension of proceedings by this court is carried out in the following cases:
1. Execution of documents referred to in Art. 12, para. 1, paragraphs 5, 6 and 8 of the Law in question. These include acts:
- Authorities with control functions to recover funds. In this case, a prerequisite is the application of documents bearing notes of banking or credit organizations, where settlement or other accounts of the debtor are opened, on partial or complete non-fulfillment of requirements in connection with the lack of the necessary amounts to pay the penalty.
- Officials, judicial and other bodies for administrative crimes.
- Other authorities in relation to a citizen or organization engaged in commercial activities without the formation of a jur. faces.
2. Fulfillment of the bailiff's decision regarding the recovery from the debtor of the costs (fees, fines) imposed on him in accordance with the decision. This provision applies to citizens and organizations that conduct business without the formation of a legal entity. faces.
In all other cases, the suspension of proceedings is carried out by the court of general jurisdiction, in the area of which the bailiff is performing his duties. 
Section 6.1
She began to act after the adoption of amendments to the law in question. This article provides for the formation and maintenance of an information base, which contains the information necessary for the implementation of the tasks. The data bank of enforcement proceedings shall be considered publicly available until the completion of actions under the decisions. The information includes:
- Information about the unit in which the production is being conducted.
- Details of debtors.
- Dates of adoption of judicial acts.
- Executive sheet numbers.
- Requirements for regulations.
- Dates of the start of production and more.
