Executive production is necessarytimely implement. Federal Law No. 229-FZ "On Enforcement Proceedings" contains all the basic information relating to the courts, officials and other bodies whose tasks are the implementation of regulatory enactments. This article will consider all the most important provisions of the submitted law.
What regulates the Federal Law "On the executive"Article 1 deals with the procedure for enforcing certain judicial acts, decisions of various officials and state bodies in compulsory nature.It is, as it is easy to guess, the execution of the relevant acts, as it is easy to guess, to occur on a lawful and timely basis.
The submitted normative act is far from beingthe only legal source that regulates the process of production of an executive nature. Here, too, it is worth highlighting the Constitution of the Russian Federation, the Federal Law "On Bailiffs," certain presidential decrees and some other sources. In the field of enforcement proceedings, the principle of the priority of international law operates.
Which authorities exerciseenforcement proceedings? According to article 5 of the law in question, this is the FSSP (federal bailiff service) and its territorial divisions. The FSSP is the body that is part of the executive branch of power. This instance is engaged in ensuring the activities of Russian courts and exercising control and supervisory functions over collection services. The FSSP is included in the system of the Russian Ministry of Justice.
The FSSP uses state informationsystem for the purpose of qualitative and timely implementation of their powers and responsibilities. I must say that the use of modern technologies is one of the principles of the work of the body. And on what other principles are based instances of enforcement proceedings? According to Article 4, this should be the following conditions:
What is the writ of execution? According to the law, this is a special type of executive document issued on the basis of decisions and sentences of the relevant bodies or officials.
According to article 6, decisions on the executivesheet bailiffs, namely - their legal requirements, must be mandatory. If the requirements are not met, the bailiff takes appropriate measures to bring to justice.
FSSP is engaged in the formation and maintenance of formsdata in electronic form. This is necessary for the qualitative implementation of the tasks set for the execution of acts of the courts or other bodies. What information does the database have in the public domain? This is what the normative act indicates:
Information from the FSSP data bank after processing falls into the Unified State Information System.
In articles 7-11 of the normative act in questionit is said about the order of execution of those or other requirements of the FSSP. Article 7 deals with state and municipal instances, self-governing regional bodies, banks, credit organizations and ordinary citizens. All these persons must fulfill the requirements put forward by the FSSP.
Bailiffs can send executive documents to banks and credit organizations for the purpose of collecting financial resources. The statement sent by the bailiff must include:
After the receipt of the writ of execution, the claims of the recoverer must be satisfied.
Some information is indicated for persons trading in securities, paying periodic payments, as well as for foreign citizens or stateless persons, arbitration, foreign courts, etc.
Article 12 No. 229-FZ describes the maintypes of executive documentation. Here it is worth noting the certificates that are issued to instances for resolving labor disputes, notarized applications for payment of alimony, court orders, acts on administrative violations, orders of bailiffs, notarial inscriptions, requests of central authorities and other types of certificates.
At the same time, the most common documentexecutive bodies remain executive lists - documents that are issued by arbitration courts or courts from the general jurisdiction system. The bailiff on the writ of execution determines the debtors and charges money or certain types of property from them.
In each execution sheet must be indicated:
The executive document must be signed by the judge and stamped with a stamp.
All terms in the form of record keepingare established on the calendar dates indicated on the upcoming event or for the period during which the action may be committed. Timing, according to Article 15 of the normative act in question, should include only working days. The terms of the enforcement process are established by the bailiffs. They should not contradict the norms specified in the federal law.
If the period is calculated in days, then it turns out to be inthe last day specified in the period. If the deadline is set for the performance of an action, it should not exceed 24 hours of the last day. All monetary amounts or documents must be transferred no later than a day before the end of the deadline.
In case of missing the terms of the executiveproduction on the executive sheet for the guilty person is imposed responsibility in accordance with the legislation of the Russian Federation. At the same time, the missed deadlines do not in any way release the persons involved in the process from fulfilling the relevant requirements. Passing the time limit for appealing a court decision entails the return of the complaint to its owner, and therefore it will not be considered.
Article 18 states that missedthe time can be restored. To this end, a corresponding application must be filed for the restoration of the missed time periods. The deadline for submitting an application is also set by bailiffs. Based on the results of consideration of the complaint, the reasons for missing the deadlines are recognized as valid or vice versa, unreasonable. In this case, the decision to refuse the restoration of terms may also be subject to appeal.
All issued by the FSSP and the courtsExecutive lists are valid for three years. The missed deadline for enforcement of bailiffs can also be restored. However, the validity of the execution sheets after recovery is reduced to 90 days.
Judicial acts on collection of payments will bevalid until all payments are canceled. The term of enforcement proceedings on the writ of execution on an administrative offense is only two years.
In Article 19 of the normative acttwo important norms are fixed. The first says that the production of all cases with unexpired terms is suspended only by a court decision. The second norm fixes the provision according to which the current of terms is renewed and with the beginning of the production of an executive character.
Article 22 refers to a break in the deadline. Perhaps similar in the following two situations:
It is worth noting that the time limit for the remaining time is not counted.
Terms, according to the law, can also be extended.This is necessary in cases where the case is still ongoing, but it may soon be terminated due to the onset of the so-called prescription period for enforcement proceedings (expiration of the statutory period). The decision on the extension is still taken by the relevant judicial authority and can be appealed.
According to article 122 of the law in question, oninaction or inappropriate actions of bailiffs can file a complaint. The application shall be filed within ten days from the date of execution by the bailiff of the relevant resolution.
A person who has not been notified of a court order hasthe right to file a complaint within the same ten days, but from the time of notification of the court decision. At the same time, officials in the bailiff service have only three days to transfer complaints to higher authorities.