The executive document is ... Presentation of executive documents

Executive documents in enforcement proceedings The enforcement of judicialdecrees. In the current legislation there is no exhaustive definition of such securities. The norms establish their signs and characteristics, the rules of submission and some other nuances. Next, we will examine in detail what executive documents are.

general characteristics

Analyzing the norms of legislation regulating enforcement proceedings, we can give a general definition executive document. it a paper that prescribes to commit or not to perform a certain action. The document is issued by the authorized body in the established order and is subject to compulsory execution.

An executive document is act, drawn up in a certain form. Its key feature is the existence of an imperious demand for compulsory execution.

Important point

It should be noted that executive document is paper, which has an independent procedural meaning. When the proceedings are instituted, the reasons for its issuance of a role do not play any role. An executive document is the only and mandatory basis for commencement of the procedure for compulsory execution of the obligations of the debtor.

Kinds

In accordance with Article 12 of Federal Law No. 229, executive documents should include:

1. The court order.
2. The Executive List (IL) issued by the arbitration instance and the court of general jurisdiction on the basis of acts adopted by them.
3. Notarized agreement (its copy) on the payment of alimony.
4. A certificate issued by the Labor Disputes Commission.
5. Acts of control bodies on recovery from the debtorMoney. The execution proceedings are opened when there are extracts from the bank or other credit institution servicing the accounts, about partial / complete failure to comply with the requirements due to the lack of the required amounts at the p / s.
6. Executive documents of judicial and other bodies, as well as their employees in administrative matters.
7. The decision of the bailiff.

It must be said that this list is notis considered closed. An executive document may be an act of other bodies, if it is fixed by federal regulations. Thus, the Fundamentals of Legislation on Notaries in Ch. XVI provide for the institution of notarial inscriptions made on documents establishing monetary obligations. The recovery is carried out according to the rules provided for the enforcement of court orders.

Exceptions

Do not recognize the executive documents of the resolution on:

• the imposition of a fine, the collection of which is carried out at the place of the offense;
• issuing a warning;
• for the forfeit of the seizure of the thing;
• deprivation of specials. rights;
• arrest;
• correctional labor.

Content Requirements

They are fixed in Federal Law No. 229. Court executing documents or any other body authorized to issue them must contain:

1. Name of the structure, Name of the official who made the document.
2. The name of the case or materials on the basis of which the IL is issued, their requisites.
3. The date of issue and entry into force of a judicial decision or an act of another authorized body.
4. Information about the debtor and the recoverer. Information on citizens shall include their name, address of residence / stay, year, place of birth, place of work (if known); about organizations - name, legal address; about the subject of the Russian Federation, the Ministry of Defense or the Russian Federation - the name and address of the structure authorized on their behalf to carry out duties and exercise rights in the framework of enforcement proceedings.
5. The resolutive part of the decree, containing an order to impose a corresponding duty on the debtor.
6. Date of issue of the document.

Retreat from the rules

They are allowed in accordance with Art. 13 of Federal Law No. 229. Normally, provision is made for the possibility of derogation from the above requirements with regard to the decision of the employee of the FSSP, the court order, as well as the agreement on the payment of alimony, attested in the notary's office.

In some cases, the inclusion of additional information in the act. For example, in executive document on the collection of cash means there may be an indication of the date from which the implementation of the requirements begins. This is possible if, prior to its issuance, the debtor was granted a deferment / installment payment of the debt.

Presentation of executive documents

IL is sent to the FSSP directlythe collector or his representative, vested with the appropriate powers, unless otherwise provided by law. An application must be attached to the executive document. However, there is an exception to this rule.

Without a declaration, proceedings may be instituted,directed to the execution of the bailiff's decision to recover expenses incurred in connection with the commission of executive actions, charges and fines imputed to employees in the manner prescribed by the rules.

The application may contain an application for interim measures. For example, the recoverer may ask to seize the debtor's property, establish the restrictions provided for by Federal Law No. 229.

Terms of execution of executive documents

They can be typical and individual. The first are fixed in the legislation. Individual deadlines are defined either in the document itself or in the act on which it was issued.

Under the general rules, IL issued on the basis of court orders may be presented for execution within three years. Calculation begins with the effective date of the act.

IL, containing demands for the return of the child,illegally withheld or transferred to the Russian Federation, may be presented for execution within a year. Calculation is also carried out from the date of entry into force of the court decision.

IL for collecting periodic payments, canbe executed during the entire term for which these amounts were awarded. In addition, the prescriptions contained in them can be implemented for three years after its expiration.

Execution of the requirements of the certificate issued by the Labor Disputes Commission shall be executed within three months from the date of issue.

The deadlines for the execution of documents not established by Article 21 of Federal Law No. 229 are determined in accordance with the provisions of other federal laws.

Postponement / Installments

If there are provisions for the debtor injudicial decision or federal law, the period for the submission of the IL for execution begins after the end date of the installment / deferral. This rule does not apply to documents on the recovery of a fine, charged for the commission of a crime.

Automated accounting system

It is spoken of in Art. 6.1 FZ No. 229. According to the norm, the FSSP forms and maintains bank of executive documents.

The information database contains information necessary for the implementation of tasks to enforce the requirements of acts of courts and other bodies and their employees.

The rules for creating and maintaining the database are approved by order of the main court bailiff of the Russian Federation.

Publicly available information about:

1. The date on which the certificate was issued, on the basis of which the IL was issued.
2. Type and details of the executive document, the name of the body that issued it.
3. The date of opening and the number of the enforcement proceedings.
4. The name of the debtor-organization, its legal address or the full name of the citizen, the place and date of his birth.
5. Requirements contained in the writ of execution. The exception is provided for the prescriptions present in the documents issued on the basis of judicial decisions, the text of which is not subject to publication on the Internet in accordance with the norms of Russian law, as well as for data on the recoverer.
6. Amount of outstanding debt.
7. The name and address of the unit of the FSSP, leading enforcement proceedings.
8. Declaring the debtor, property, the child in search. In the latter case, the name of the minor and the year of his birth are indicated.
9. The return of the IL to the recoverer on the grounds set forth in paragraphs 3 and 4 clauses 1 46 of Article ФЗ No. 229, or on the termination of proceedings for the reasons provided for in cl. 6, 7 p. 47.

Nuances

The information above is considered to bepublic until the date of completion (termination) of production. An exception is information about the search for a child, a debtor or his property. They remain generally available until the discovery of material values ​​or the indicated citizens.

Within three years, access will also be disclosed to information about the return of the IL to the recoverer and the end of production.

Interdepartmental interaction

When you enter information about the discovery in the databaseexecutive information, the information necessary to pay off arrears on IL, are sent to the GIS (state information system) on municipal and state payments.

Banking or other credit structure,the organization of postal service, other bodies and institutions through which the amounts are transferred to the accounts of the units of the Federal Treasury, must immediately send data on the payments made to the GIS on municipal and state payments. This prescription is contained in paragraph 5 of Part 6.1 of the Federal Law "On Enforcement Proceedings" 229-FZ.

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