Approved 02.10.2007 229-FZ "On Enforcement Proceedings" was adopted by the State Duma on September 14 and approved by the Federation Council on 19.09 of the same year. The normative act defines the procedure and conditions for the enforcement of decisions and decisions of judicial and other bodies, as well as their employees, whose powers include the right to impose on the MO, regions, RF, organizations, citizens the obligation to transfer funds to other entities or to budgets of appropriate levels and other material values, to perform the specified actions in their favor or to abstain from doing so. Let us further consider some provisions of 229-FZ of 02.10.2007.
Executive production providescorrect and timely implementation of resolutions, decisions of judicial and other structures, employees, and in cases established by law, other documents to protect the legitimate interests, rights and freedoms of organizations and citizens. The procedure and conditions for the transfer of funds to the subjects of the budget of the appropriate level are determined in BC
FZ-229 defines the following key provisions for the implementation of activities related to the enforcement of the decisions of authorized entities:
Рассматриваемый закон (229-ФЗ) устанавливает, что the enforcement of acts of courts and other bodies, as well as officials, is within the competence of the FSSP and territorial bodies of service. Bailiffs apply coercive measures to debtors within the limits of authority. Their rights are determined by federal law.
Law 229-FZ "On Enforcement Proceedings"establishes that the bailiffs' provisions apply to all state / municipal bodies, all legal and natural persons. The requirements of employees are subject to strict compliance throughout the country. In the event of non-compliance with regulations, the bailiffs take the measures stipulated in the commented law. Failure to comply with the requirements, preventing the employees from exercising their functions entail responsibility established by regulatory enactments.
229-ФЗ "Об исполнительном производстве" determines that, in cases established by regulatory acts, the requirements present in court rulings, other bodies, decisions of officials are implemented by structures, organizations, state and municipal, including banks and other credit enterprises, citizens and employees. These entities comply with the requirements on the basis of the documents specified in Art. 12.
FL-229 allows the direction of the document onrecovery of funds or their arrest to the appropriate financial structure by a directly interested person. Together with him, the subject submits an application to a banking or other credit organization. It should contain:
FZ-229 establishes that the document receivedto enforce recovery to a banking or other credit structure after revoking a license, it is returned to the entity that sent it, without satisfying the requirements.
In Art.9 FL-229 defines the procedure for the implementation of the requirements stipulated in the decision of the court, other body or employee, by an enterprise making periodic payments to the debtor. The document on the basis of which the recovery of an amount less than 25 thousand rubles is established may be sent to the organization or to the person charging the obligated subject to a pension, salary, scholarship, etc., directly by the lender. Together with this paper, he must submit an application. It also specifies the account details for the transfer, name, information of the document confirming the identity of the citizen-claimant, or TIN, name, code of the foreign organization, registration number, address of registration and location of the creditor organization.
229-ФЗ "Об исполнительном пр-ве" устанавливает, that the implementation of judicial decisions, decisions of other bodies and employees in relation to foreign legal entities and individuals, non-citizens, is carried out according to the rules of a commented regulatory act.
Federal Law 229-FZ "On Enforcement Proceedings" defines the following categories of papers, according to which the FSSP employees collect:
In case of loss of the original document, asgrounds for the implementation of the requirements imposed on the debtor is his duplicate. It is issued by the court, other body, official, issued a relevant decision / decision, in the prescribed manner. The document on which the enforcement proceedings commenced is contained in the case file. The bailiff forwards the ruling to the relevant subject with a copy of the IL.
In the executive papers indicated:
The document should also contain information about the applicant and the debtor:
The specified rules for registration are notextend to the agreement on the payment of alimony, certified by a notary, a court order, as well as the decision of the FSSP employee. If prior to issuing the executive paper, the installment / deferment of the implementation of the requirements is provided, then it indicates the beginning of the period for the implementation of the instructions. The document, which is provided on the basis of a judicial act or being it, is signed by the judge and certified by the official seal. Executive paper issued in accordance with a resolution of another body or which is a decision of another structure, is subject to approval by its official. It is also stamped.
This document should contain the following information:
A bailiff or other FSSP officer mayon their own initiative or at the request of the participants in the proceedings, correct arithmetic errors or censuses made in the ruling. This procedure is carried out by drawing up an act of making corrections to a previously drafted document. The order of the bailiff must be executed on the date indicated in it. The appeal of the act is carried out in the order of subordination to a higher FSSP employee or in a court of law. In the latter case, the applicant must be guided by the provisions of the procedural law.
