Information systems court bailiffs. Debts with bailiffs

Many people forget or do not have time to pay fines on time. Some do not even suspect that they are debtors.

However, their inaction can lead to a ban on traveling abroad, suspension of a driver's license, and other negative consequences.

To find out the debt on fines from the bailiffs, it only takes a few minutes. But in this way, any citizen will be able to protect himself from undeserved administrative persecution.

Who and how are they included in the database of debtors?

The Federal Bailiff Service is one of the main sources of information on the debts of individuals and legal entities.

They do not enter the FSSP database immediately after issuing a fine, but only when:

• the period established by law expires, and the fine is still unpaid;
• state bodies go to court to recognize a person as a debtor.

The court decision on recognizing a citizen as a debtor is sent to the FSSP. From that moment on, the bailiffs launch enforcement proceedings on the case. A person who has not paid a fine is included in the database of the service.

Not uncommon in Russia and such cases, when a person does not even realize that he has unpaid fines. The reasons are different - illegal actions of officials, poor-quality work of the post office, a change in the actual address of residence despite the fact that letters arrive at the place of registration, etc.

Despite this, in the absence of a citizen's reaction to letters from the FSSP, he is automatically assigned the status of a debtor.

On the other hand, public services do not always work so quickly. It also happens that the deadlines for payment have long passed, and the fines have not yet been delivered to the bailiffs.

If a citizen repays the debt at this stage, information about the violation will not reach the FSSP.

Ways to check fines with bailiffs

You can find out the debt on the website of the bailiffs. The service publishes this information in the public domain, so anyone can get it by following a few simple steps:

1. Go to the official website of the FSSP (fssprus.ru).
2. Select the function "bank of enforcement proceedings".
3. Specify your region.
4. Enter information about yourself.

The easiest way to check bailiff fines by last name. You may also need to enter a date of birth. After clicking on the search button, the system will automatically display the available information on the debt.

Sometimes the line "nothing found" appears, but this is not yet confirmation of the absence of debts. Perhaps they simply have not yet been transferred to the FSSP.

Contacts for communication are in the letter of debt. If it did not come, the address and telephone number of the bailiff can always be found on the Internet.

Don't be afraid to contact him directly. People of this profession willingly make contact with debtors who call them themselves. They are interested in paying as many fines as possible.

When meeting at the local office passport must be presented to the bailiff. In a few minutes, he will prepare an extract indicating the amount of the payment to be made.

If you can’t come to the FSSP, you can send a registered letter, asking to send data on current debts, or call the office. However, both methods are uninformative. Bailiffs prefer to provide data in person.

Debt repayment methods

Now there are many ways how to pay off debt. Among them:

• payment by receipt at a bank branch;
• use of payment terminals;
• payment via mobile banking;
• transfer of funds from an electronic wallet (Yandex.Money, Qiwi, Webmomey);
• payment from a mobile phone account.

The traditional way - payment by receipt. Now it does not matter in which bank to pay the fine. Choose one that is closer to home or work. To pay, it is enough to have the details and the amount of the debt with you.

Those, who view debts on the Internet, next to each fine they see the “Pay” button. This is the most convenient and fastest way to make a payment as it only takes a few clicks. However, it is important to carefully check the data about yourself, otherwise there will be a risk of paying for your namesake.

If the property is seized all debts must be paid as soon as possible. It is important to keep in mind that the restrictions will not be lifted immediately, but will last from a few more days to 2-3 weeks. Therefore, the timing of the removal of the arrest also depends on the speed of payment of the debt.

When do you need to pay the fine?

In 2019, the maximum period during which the fine must be paid is 70 days. According to Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, the debtor is given 60 days to transfer funds, and another 10 days to appeal.

It is also stated there that after this period, for the next 10 days, information about the fine is sent to the FSSP. This means that if the debt is not repaid, the bailiffs will know about it after 80 days.

In some cases a citizen, like an organization, can receive a delay of 1-3 months. Conditions should be clarified with the local authority.

If the fine is not paid on time without a good reason, then within the next 3 months, the debtor may be held liable. Several types of punishment are possible:

• an administrative fine in the amount of two times the unpaid amount (not less than 1,000 rubles);
• up to 15 days of administrative arrest;
• up to 50 hours of compulsory work.

Besides, state bodies will file a claim with the court to recognize a citizen as a debtor and the subsequent launch of enforcement proceedings.

Deadlines for collecting fines

According to Part 1 of Art. 31.9 of the Code of Administrative Offenses of the Russian Federation, the period for collecting a traffic police fine by bailiffs is 2 years from the date of its entry into force.

During all this time the bailiff-executor has the right to apply the following sanctions:

• to foreclose on the property belonging to the debtor (cash in the accounts of Russian banks, including salaries, securities);
• make a decision on a temporary ban on leaving the country (with a total amount of unpaid fines over 10,000 rubles);
• collect a performance fee, the amount of which is 7% of the amount of the fine, but not less than 1,000 rubles.

If the statute of limitations has expired, and during all this time no one has been looking for a citizen to pay a fine, then he is completely exempt from administrative responsibility.

After 2 years, no one has the right to start enforcement proceedings against him.

Enforced collection

If coercive measures are applied It is especially important to follow the procedure for collecting a fine.

The term for voluntary repayment of debt is 5 days from the day when the debtor is served with the decision to start enforcement proceedings.

Without waiting for payment bailiffs have the right to seize part of the property. Subsequently, these things can be sold at auction.

If the debtor does not have enough funds to cover the debt, the bailiff may also forcibly deduct the amount of the fine from his official salary. Recovery in such cases is carried out through the bank or the management of the employing company.

In extreme cases, a person can be evicted from their living space. However, this is a radical measure, which is used very rarely - only with a significant amount of debt and long-term avoidance of its payment.

So that unpaid fines from bailiffs do not turn out to be an unpleasant surprise, you should not only pay your bills on time, but also check your debts.

You can do this in two ways: on the FSSP website and by personal visit to the territorial office. In this case, the bailiffs will not take you by surprise with an unexpected message that enforcement proceedings are being conducted against you.

Debts on unpaid fines, credit obligations, taxes, alimony, etc., for which enforcement proceedings were initiated in the Federal Bailiff Service, are posted in the general database on the website.

All information is available to any visitor to the FSSP portal. Those who wish can quickly find their debts in the database and, if possible, immediately pay them off.

You can also open the registry to make sure there are no debts. The information is in the public domain. Online verification is carried out instantly, without registration.

The list of debtors of individuals is posted on the official website of the FSSP of Russia. Enter the address - fssprus.ru into the search bar of the browser and go to the main page of the portal.

Find and fill out the proposed form to find your debts on the main page. The search is located immediately below the main menu of the site.

Correctly fill in the line with initials and indicate the region of residence. The region is selected from the list offered by the service.

If you have a rare surname, then you can safely click on the search button. If you have a common surname, then it is better to use the advanced search.

Click on the appropriate line and proceed to filling out a more detailed questionnaire. This is done in order not to waste extra time looking at other people's debts that the system will issue by your last name.

Here you will need to enter more detailed personal information, including date of birth. Next, click on the yellow search button. The system will ask you to solve the captcha. After entering the code from the proposed image, the service will give you the search result.

searching results

If you have no debts, then a message will appear: "No results were found for your request." If there are debts, then you can find your data in the table of debtors.

Your full name, place and date of birth will be indicated here. The second column will display the number of enforcement proceedings and the beginning of the document.

The third column will display the details of the ID. The reason for the debt can be found in the 6th column of the table.

Columns 7 and 8 will show the address of the department that deals with your case, and the data of the bailiff, who is the person responsible for the execution of this document.

Without fail, the phone number of the legal representative will be registered, by which you can call and find out more detailed information on your debt, or make an appointment to clarify the situation.

Should know! The search results will be displayed above the search query. Scroll up the page to view the table.

Be sure to check your data in the table in the first column. It is important that they fully correspond to your personal information.

There may be twins. To prevent this from happening, it is better to initially use the advanced search method. Checking debts by last name alone may not be enough.

If you find debts according to your data, try to close them as soon as possible. The system offers various online payment methods. You can pay with a bank card, use electronic wallets or payment services.

Find out child support debts

The FSSP website has all the information on the debts of an individual, including alimony. To find out, check the diagram above and find your data in the table.

Look closely at the 6th column. If it contains ID debts, then this is alimony debts.

There is another way to access the database of bailiffs. It is carried out in a similar way, only located in the services section. Open it and click on the Enforcement Proceedings Databank tab.

The system will open a new form for you to fill in personal data. Correctly enter information about yourself, indicate the region of residence and click on the search button.

If there are debts, then you will find your data in the table, if there are none, the service will display a message about their absence.

Search for debts by TIN of an individual

You can also check debts by identification code on the website. Use the general search system and enter: search by TIN number. Click on the search button.

The service will open a page that will allow you to find debts by taxpayer identification number.

Here you can also open an advanced search method and enter more detailed information so that the system can immediately determine your specific debts.

Checking debts by TIN is also possible on the public services portal. This search is in the tax debt section.

To enter the public services service, you will have to register and indicate your passport data or SNILS number.

Debt write-off

Many users of the site are interested in the question - in what cases can debts be written off? According to the current legislation of Russia, write-off is possible in some cases.

Namely:

• when the debt is completely closed;
• when the debtor was declared bankrupt;
• when there are regular write-offs from the debtor's income;
• when the debtor does not have property and property to pay off the debt;
• when the court issued a decision to terminate the enforcement proceedings;
• after the expiration of the statute of limitations;
• other.

It is important to know! If the circumstances that caused the closure of the IP have changed for the better, then the IP can be resumed.

As for the statute of limitations, it exists. But, if the debtor hides and hides from the payment of debts, the validity period is suspended.

So is it worth it to run from paying debts? Indeed, in the event of a evasion of the statute of limitations, there will be no hope for the closure of the IP after the time has elapsed. The debt cannot close on its own; the bailiff must have good reasons for closing it.

debt repayment letter

After paying the debts, your data from the table should disappear. This usually happens a few days after the final settlement.

If during the check, you see the debt again, then it would be appropriate to write a letter to the responsible bailiff to pay off the debt. A proof of payment must be attached to the letter.

Sample applications are available on the FSSP website. You can print them out, fill in the required data manually, then scan the document and send it to the Federal Service.

Filling out the application requires following the established rules:

1. The name of the FSSP branch is indicated in full.
2. Be sure to spell out your initials, residential address and contact mobile phone number for communication.
3. The text requires you to indicate the data of the responsible bailiff, the date of commencement of the IP and the division of the Federal Service that conducts your enforcement case.
4. Information from the document that served as the basis for initiating the IP is indicated in the text. Additionally, you will need to enter the data of the creditor and the subject of the action (fine, alimony, etc.).
5. The data that must be indicated in the application can be found in the text of the writ of execution itself, or in the search results table on the FSSP website.
6. Check that the IP number is entered correctly.
7. Put your signature on the application and decipher it.

A notice of the closure of your IP will be sent to the mail indicated in your personal information. To understand the table, you need to open it and find your debt. The start of production is in the second column of the table. Do not confuse it with the 4th column, which indicates the closing date of the IP action.

Consequences of non-payment of debts

A debtor who, for various reasons, does not pay his debts, can expect different penalties, up to criminal liability.

1. Alimony recipients can receive imprisonment or forced labor.
2. Loan arrears can lead to financial penalties up to 200 thousand rubles. Possibly imprisonment.
3. Hiding property seized by bailiffs will result in a fine. Possibly imprisonment.
4. Foreign travel ban.
5. When hiding a debtor, he can be put on the wanted list.
6. The debtor can seize all his property and sell it at auction.

Use the free service of the Federal Service, find out about your debts, pay them off in a short time, report the closing of the debt to the responsible bailiff.

The service allows you to carry out all actions quickly via the Internet. The FSSP advises regularly checking your debts so as not to get into an unpleasant situation.

It is better to pay fines within the statutory period, as otherwise they will be transferred to the bailiff service (FSSP), who will begin to perform certain actions in accordance with the law. For example, blocking bank accounts, preventing travel abroad (if the debt is more than 10,000 thousand rubles), etc. The term for paying fines according to the Code of Administrative Offenses of the Russian Federation is 60 days plus a 10-day period for appealing (if the car owner does not agree with the decision) . In this section of the Auto Help Center website, you can check if there are any debts to the Federal Bailiff Service. Enter TIN, SNILS or passport details in the form. If you have enforcement proceedings on hand, then enter its unique accrual identifier (UIN) and click the "CHECK" button.

Verification of enforcement proceedings

Verification of the enforcement proceedings of the bailiff service on all online services is carried out using the unified system of the State Information System on State and Municipal Payments (GIS GMP), which is operated by the Federal Treasury of the Russian Federation.

When will the FSSP receive payment information?

If the payment was made online, then the bank through which the payment was made sends information about the payment to the State Information System on State and Municipal Payments (GIS GMP) and transfers the money to its destination. Further, within 7-14 days from the date of the payment, information from the GIS GMP will be sent to the Federal Bailiff Service. Accordingly, the information on the FSSP website, which is available when checking the debtor's personal data, will also be updated. However, until this time, when checking on various online services, the debt will still be displayed to the user, that is, it will be listed as unpaid. If you want to speed up the process, take the paid receipt in person to the FSSP branch at the place of your registration - this is if the debt was paid in person at the bank. If the payment was made online, then you can simply come with your smartphone and show a screenshot of the bank receipt, which is always sent to the user's email after making online payments.

How to get payment confirmation?

When making a payment on the site, the site is online, the user indicates his email, to which a confirmation of payment will be delivered and, additionally, a link to download the payment document in PDF format. This receipt is a document and can be submitted to government agencies both electronically and in printed form. All payments are made on the side of a certified system for making secure payments online, about the security of making payments on our website.

Important excerpts from the Federal Law for debtors

Services of the Federal Bailiff Service:
1. Data bank of enforcement proceedings
2. Register of departments of bailiffs
3. Notices of public auctions
4. Definition of the bailiff department
5. Register of search for enforcement proceedings
6. Persons wanted on suspicion of committing crimes
7. Appointment for a personal appointment with officials of the territorial bodies of the FSSP of Russia
8. Telephone directory of employees of the FSSP of Russia
9. Personal account of the party of enforcement proceedings
10. Open data
11. Information contained in the state register of legal entities carrying out activities for the return of overdue debts as the main activity

Court decisions in the Russian Federation can be taken from several sources. The relevance of the opportunity to receive the text on various identification points is very important, since the parties to the process do not always have the opportunity to take part in the meetings or then receive copies of the decisions by mail.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office rendered by professional lawyers on the basis of Federal Law No. 324 "On Free Legal Aid in the Russian Federation".

Don't wait - make an appointment or ask a question online.

Where can I get the judgment number?

You can find out the number of court decisions:

Check by last name

Information can be found on each of the above resources. On the website of GAS "Pravosudie" the data is searched in the following way:

1. First you need to go to the "Search by cases and judicial acts".
2. A window will appear before the user's eyes.
3. In the window that appears, you must select the region where the legislature is located.
4. In the column "Participant in the process (full name)" enter the data of an individual who is a party to the dispute (regardless of whether the person is the plaintiff, defendant or accused).
5. It is also desirable to fill in the estimated date of receipt of the case for consideration by the court.

On the portal of judicial opinions, information on personal data is even easier to find:

• you need to go to the "Simple search" section;
• in the dialog box, the initials of the participant in the case are entered;
• you can prescribe additional data (court region, participant status, case number).

If you need to find information about enforcement proceedings from bailiffs:

1. The user enters the website of the Federal Bailiff Service.
2. In the dialog box that opens, select the "Services" section.
3. At the next stage, clicks on one of the available services. The most suitable is the “Data Bank of Enforcement Proceedings”.
4. In the window that opens, selects the territorial body of the FSSP and enters the full name, as well as the date of birth of the person against whom the case has been started.

Search engines allow the possibility of finding information by the name of the judge. For example, there is such an opportunity on the sudact.ru website.

To get detailed material on a group of cases, you need to specify:

• region of the Russian Federation;
• instance of the case;
• the name of the legislature;
• judge data.

What is a valid enforcement proceedings number?

This number is a specific identifier. That is why people are faced with a problem when services are asked to enter numbers in the required field.

Valid number is filled in the format:

• number;
• region;
• year of IP initiation.

Example, 17543 (number) - 14 (area code) - 01 (2001).

Is there an issue with the FSSP?

How do you know if enforcement proceedings have been initiated against you? The issue is quite relevant, because not always the representatives of the collection or the judicial authorities send letters to citizens with notifications about the occurrence of debts, or other legal issues that may lead to the opening of an individual entrepreneur.

There are many ways to get help:

1. Call SSP on the phone.
2. On the FSSP website in the section "Bank of Enforcement Proceedings".
3. Through special applications for mobile phones.
4. Through the application "IP Bank", created specifically for the social networks "Odnoklassniki" and "Vkontakte".
5. Using the portal of the State Service. You need to go to the FSSP section and click on the tab "Obtaining information on the progress of enforcement proceedings."
6. Check for the presence of an enforcement penalty by visiting a personal appointment at the branch of the SSP.

Modern Internet capabilities allow you to subscribe to the news of groups in "VK" and "OK", therefore, by visiting the social. networks that relate to FSSP information, you will receive updated data constantly.

You can check the availability of enforcement proceedings exclusively by full name. Of course, a search is also available by number, but a person who does not know about the existence of the case itself will not know its number.

Is it possible to find out the reason for the fine through the bailiffs?

You can find out from the enforcement proceedings for what the fine can be. Note that on the FSSP website it is not always possible to understand the reason for the decision to impose penalties, but in most cases the information is more or less clear.

To obtain data, you need to go to the "Bank of Enforcement Proceedings" section of the website of the Federal Collection Service and fill in the fields that appear. The service will issue a status certificate on the date the request was entered.

Consider the search process with an example:

• go to the fssprus website;
• select the required section;
• select the search region (for example, the Amur Region);
• enter the last name and first name (for example, Alexander Tkachenko). In this window, you can also enter a middle name and date of birth for greater detail.

After processing the request, a block of information appears:

• Full name of the debtor;
• case number;
• IP number;
• the subject of the debt (transport tax, debt on utilities, other property recovery, insurance premiums, debts on loans, etc.).

Instruction

IP base

Check the data on the database of enforcement proceedings , any citizen can. It contains information on all court decisions, except for criminal cases. The data in the service is provided systematically, because one of the important elements of the search process is the specification of the region.

The base is constantly updated. Data about initiated cases are immediately entered into the system, since public information should be available for review on the Internet.

The man found out that executive action was taken against him. In the first minutes, he does not know what to do. He realizes that it is necessary to deal with the issue of payment or cancellation of the fine. The main idea is this: how to find a bailiff for enforcement proceedings?

A citizen understands that it is possible to learn in detail about the reason for imposing a fine and how to resolve the issue (payment or exemption from liability) only in the case of a personal appeal. That is why knowing the bailiff's personal information is not a whim, but a necessity.

It is quite possible to find out the name of an employee:

1. Go to the site fssprus.ru.
2. Select the section "Data Bank of Enforcement Proceedings".
3. Fill in the dialog box that opens (region, full name of the applicant, date of birth).
4. Press the "Find" button.
5. Familiarize yourself with the information found (information about the bailiff will be in the far right column).

In this table, the applicant will also specify:

• the address of the FSSP bureau where the case is opened;
• the approximate cause of the debt;
• the exact amount of claims against him.

How can I find out about the progress of enforcement proceedings?

To obtain information about the course of production actions in relation to a person, it is necessary to come to an appointment with the bailiff. It is also important to know that data will not be provided based on an oral request.

The person against whom the case has been initiated must write a statement and indicate:

• name of the territorial division of the FSSP;
• Full name of the applicant, address and contact details;
• enforcement order number;
• date of commencement of debt repayment;
• the basis for its excitation;
• request and grounds for providing a certificate on the course of enforcement actions;
• date of the application.

Conclusion

The article addresses the following questions:

1. The procedure for obtaining data on whether a forced recovery has been initiated against a person.
2. How to find out the number of the judgment.
3. The procedure for obtaining materials on the course of enforcement actions.
4. How to find out the reason for the sanctions.
5. Other legal aspects.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

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• is the Federal Bailiff Service (FSSP). Activity regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. , which cannot be levied Completion or suspension of proceedings Payment of debt Frequent causes of debt Conclusion In particular, Federal Law 229, which entered into force on October 2, 2007, regulates: the conditions for initiating proceedings (a set of measures aimed at forcing the defendant to comply with the requirement of the law ; types of documents giving the right to an official of the SSP to carry out coercive actions and measures; requirements for registration; terms for presentation; reasons for suspending or completing enforcement actions; rights and obligations of the parties, officials of the SSP; collection process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; appointment and amount of the fee for the defendant’s evasion from the execution of the decision; terms, procedure for filing, form of complaint against the actions of the bailiff Basic provisions The main provisions of Federal Law 229 are indicated in chapter 1. Article 5 of the law defines the SSP as the body entrusted with the enforcement of court decisions, acts of state structures. on the principles (Article 4: humanity (respect for the personality of a person; reasonableness (the debtor cannot be deprived of the latter); timely execution of executive actions; compliance with the law. According to Article 6, the requirements of the bailiff are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators may be held liable. Officials will be entitled to apply coercive measures, the list of which is specified in chapter 7 of Federal Law 229. The law obliges the FSSP to create and maintain a data bank (6. 1 of the Federal Law. Information about open proceedings (date, number, claimant, debtor, claim, amount, should be publicly available. At the moment, the information is publicly available on the official website of the SSP. Initiation of enforcement proceedings To start the mechanism of enforcement proceedings, the recoverer should contact the SSP at the location of the defendant or his property, write a statement, attach an executive document (30 FZ. An executive document is an official paper on the basis of which the bailiff has the right to begin the implementation of compulsory measures. Chapter 2 defines the rules for registration, types of such documents. Art. 12 indicates 11 document types. In particular, they include: writ of execution issued by the court of first instance, arbitration body, after the entry into force of decisions, acts; court orders; maintenance agreements, copies certified by a notary; certificates of the labor commission; acts of the PFR and the Social Insurance Fund; acts, resolutions of other state bodies, officials (traffic police, tax. The collector can send documents through the court office. In this case, you do not need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred within three days to an official who will In three days, the bailiff must study the documentation and make a decision. Whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; there is no application, the signature of the recoverer; the petition for initiation is written indistinctly, with errors, without specifying the details of the court that issued the decision; the execution of the enforcement document does not meet the requirements of Article 13; the time allotted by law for filing the document has expired. The official makes a decision on the initiation of proceedings, which he informs all parties. The document is drawn up in accordance with the instructions of Art. 14 FZ It should contain: details of the SSP, full name, position of the bailiff who opened the case; the date of the decision; production number; causes of arousal; solution; appeal procedure. But most importantly, the decision determines the time for the defendant to independently, without coercion, fulfill the requirement of the court. If he does not do this voluntarily within the prescribed period, the bailiff will appoint an enforcement fee and begin to take coercive actions and measures regulated by Chapter 7 of the Federal Law. Enforcement Measures The main instruments used by the SSP are enforcement measures and actions. Measures are the actions that an official takes. As a result, the requirements of the court or state body are enforced. According to Art. 68 FZ these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of property rights, re-registration to a claimant. The bailiff has the right to apply executive measures subject to two conditions: Proceedings have been initiated. The time given to the defendant for the voluntary execution of the decision has expired. Executive actions - measures, by carrying out which the claimant will create conditions that will force the defendant to satisfy the court's request and make it possible to apply executive measures (64 clause 1 of the Federal Law. Executive actions are: request, obtaining personal information about the defendant and financial condition; search for a citizen, his property ; restriction of the right to drive a vehicle; temporary ban on leaving the country. Exit restriction The debtor will temporarily not be able to leave the country if proceedings are opened against him (67 FZ on: maintenance debt, compensation for moral, property damage, harm to health in the amount of more than 10 thousand rubles). rubles, an unfulfilled non-property demand, an outstanding debt in the amount of more than 30 thousand rubles If the money is not paid within two months after the expiration of the period given for the voluntary fulfillment of the requirement, a person will not be able to leave the country already with a debt of 10 thousand rubles (67 paragraph 2 of the Federal Law. Inventory and arrest of property The arrest of property should be understood as the deprivation of the debtor of the right to dispose or use it (80 FZ. The right of disposal means that the property remains with the owner. However, the debtor will not be able to sell, donate or in any other way change the legal fate of the arrested property. Such the option of arrest is applied as an interim measure... It can be imposed immediately upon initiation of proceedings, without waiting for the expiration of the period given for the voluntary execution of a court decision (80 clause 1 of the Federal Law. When depriving a debtor of the right to use property, the arrested property is confiscated from the owner, transferred to storage Subsequently, it is sold at auction or transferred to the claimant.In this case, the arrest occurs in the presence of two witnesses, an act is drawn up, an inventory of property is drawn up.The procedures for seizure, inventory, evaluation, transfer to storage and sale are regulated by Articles 84, 85, 86, 87 and chapter 9 of the Federal Law, respectively.. Seizure is not imposed on property if the amount under the writ of execution is less than 3 thousand rubles. (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the money and accounts of the debtor. And only when it turns out that they are insufficient to pay off the debt, the bailiff has the right to seize the property (69 clause 3. In addition, the value of the seized property must be proportionate to the requirements (69 paragraph 2 of the Federal Law. An official, for example, is not entitled to seize a car for an unpaid fine in the traffic police. But to impose a ban on the right of the debtor to dispose of completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of a writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of the execution of a court decision or act of a state body. Incomes that cannot be foreclosed The debtor's cash receipts, which the bailiff is not entitled to foreclose, are defined in Section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation to persons affected by radiation, man-made accidents; medication allowance; social benefits for burial. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: the death of the debtor, recognition as missing; loss of legal capacity; passing the bankruptcy procedure by the defaulter; acceptance by the court of a statement of claim for a deferment, installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor who is in military service. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 FZ. For example, if the bailiff finds out that the debtor has nothing to collect and seize, the case will be closed, in accordance with Art. 46 p. 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. At the same time, the term of the executive document will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will require the return of the writ of execution; recognition of the debtor as financially insolvent; The judgment has expired. Payment of the debt The law gives 2 months. for enforcement actions (36 FZ. During this period, the official must collect the debt, force him to fulfill the requirement imposed by law. If a different time interval is indicated in the court decision, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution of the court decision by the debtor ( no more than 5 days... At the end, in case of failure to comply with the decision, the bailiff, in accordance with Art. 112 FZ, will impose a monetary penalty on the violator (7%, but not less than 1 thousand rubles. Common causes of debt Statistics show that credit debts are the most common reason for starting production. According to VTsIOM in 2018, 57% of Russian citizens had outstanding debts to financial institutions. Over the past eight years, this figure has doubled, according to experts from the research institute of opinion polls. The second most common reason is alimony debts. According to the FSPP, in 2018, the number of alimony non-payers increased by 60% and amounted to more than 800 thousand people. the amount of alimony arrears is considerable - 100 billion rubles. Russian drivers of the traffic police owe almost five times less. In 2017, the debt of motorists in fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. was done three times, the last ones will come into force on July 31, 2018. They will affect Article 6.1 and Art. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help. "> Enforcement Proceedings
• - this is a legal paper drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claimant's claim and the bailiff's order to start recovery. CONTENT OF THE ARTICLE: Concepts and types of executive documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Resolution of the bailiff Executive inscription of the notary What other executive documents are there and what unites them? What should be contained in the document On the basis of the document, the bailiff initiates enforcement proceedings and proceeds to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - FZ. These include: Judicial acts, including those on administrative violations, court orders issued on their basis, writ of execution. A notarized contract (an agreement or a copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive maintenance support. Certification of the decision of the commission on labor disputes. Acts of the Pension Fund of the Russian Federation and the FSS on the recovery of funds from the debtor - individual Entrepreneur Decree of a bailiff service Executive inscription of a notary Public acts of tax, customs and other regulatory authorities with the obligatory attachment of documents, where marks of banking, credit organizations in which the debtor has an account, indicating fully or partially withheld funds. Writ of execution (IL - issued on the basis of a judicial act or order, which the plaintiff (the recoverer receives after the entry into force of the court decision. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing the court decision. In some cases requiring immediate execution, the IL is issued immediately after the decision is made (FZ 138 Code of Civil Procedure 428. You can present the IL within 3 years from the date of receipt (Article 21 clause 1 No. 229, for administrative violations, the presentation period is 2 years (21 clause 1 No. 229. The recoverer can restore the time missed for presentation by submitting an appropriate application to the court the authority that initially issued it, indicating a good reason for the pass and confirming it with documents (GPK 432, 23 FZ-229. In case of loss of IL, the recoverer can apply to the court for a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Code of Civil Procedure of the Russian Federation 430 paragraph 1. Within 10 days, the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal During the trial, evidence and circumstances of the loss of the document are considered.The court's refusal to issue a duplicate can be appealed within the time period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not an executive document if issued before the entry into force of the court decision (FZ 138 Code of Civil Procedure Article 428, paragraph 4. If it is drawn up with errors and inaccuracies, for example, the debtor's passport data are incorrectly indicated, one of the parties may apply to the court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this issue Court order An order is issued if the amount or value of the property claimed for collection does not exceed 500 thousand rubles. The court order is an ID. (Code of Civil Procedure of the Russian Federation 121. The recoverer can independently apply to a banking, credit organization with an application to withhold funds from the debtor's accounts and transfer them to the current account using the specified details (Article 8, clause 1 No. 229. If the plaintiff prefers another method of recovery, then contact the bailiff service, possibly within 3 years from the date the verdict comes into force.If the court order is related to periodic payments, then presentation is possible during the entire period during which payments must be made.For example, an order received, with the requirement to withhold funds for alimony will be relevant until the child turns 18 years old and for another 3 years after that. is an executive document, if notarized.In case of incapacity of one of the citizens, the contract is concluded by a legal representative. An alimony agreement is a voluntary agreement between both parties, which specifies the amount to be paid, the terms and method of payment (99 of the RF IC. The law provides for the possibility of replacing money with property, changing, terminating by mutual agreement of the parties. The agreement can also be terminated in court if infringed interests of a minor or incapacitated adult child (102.103 RF IC. An agreement signed by both parties, but not notarized, is not an executive document and cannot be presented to initiate enforcement proceedings. Certification of the labor commission In case of questions related to the collection of wages, payment of overtime, reimbursement of travel expenses, the employee, if it is impossible to independently resolve the conflict situation, applies for permission to the commission on labor disputes, which is created on their own initiative by the members of the team of the enterprise, organization ( article 384 of the Labor Code... The decision made by the commission comes into force after 10 days, if it is not appealed by the management, and must be satisfied within the next three days after that. one month you should receive a certificate from the labor commission, in order to then assert your rights with the help of a bailiff.You can contact an employee of the FSSP within 3 months from the date of receipt of the certificate (389 of the Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting a bailiff can be restored by the labor commission according to employee's statement indicating a good reason for the absence. Acts of regulatory authorities If an individual entrepreneur fails to pay tax fees, fines for late reporting and penalties, the Pension Fund (PFR and Social Insurance Fund (FSS) draws up an appropriate act on the forced collection of funds from a person engaged in entrepreneurial activities and sends it to the bailiff service. When At the same time, if an entrepreneur can carry out activities without opening a current account, then in order to initiate enforcement proceedings, it is not required to apply marks of credit and banking organizations.At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offenses In some cases, the bailiff initiates the initiation of enforcement proceedings on his own, for example, after a change in the circumstances as a result of which the proceedings were suspended (end of military service, discharge of the debtor from the hospital or other reasons specified in Art. 40. In the event of termination of proceedings for the recovery of alimony under Art. 43 h. 2 p. 9 No. 229, a decision is issued by a bailiff to reimburse the debtor for performing expenses. Executive inscription of a notary Executive inscription of a notary (IN is put on a pledge agreement, a loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money according to the notary's executive signature, in case of violation of the conditions of one of the parties (Fundamentals of the Law on Notaries of the Russian Federation, Article 90 The notary puts the inscription itself on a copy of the document that establishes the debt, makes a mark on the original (Article 89 Notary Law. Within three days, a notice is sent to the debtor. The executive inscription is placed at the request of the recoverer when all documents and a copy of the notification confirming the sending data to the debtor at least 14 days before contacting the notary.Within three years from the date of receipt of the ID and one year, if the debtor is not a civilian, it can be presented for enforcement measures and actions by the bailiff.What other executive documents and what unites them? Final documents do not always have a property character and entail the recovery of funds or the seizure of property. In a number of cases, they are associated with the reinstatement of an illegally dismissed employee at work, the move-in of the plaintiff, the transfer of the child to one of the parents, the demolition of an unauthorized building. But at their core, all executive documents have one common characteristic: they contain a requirement instructing the bailiff to apply coercive measures and actions to the defendant indicated in the document. At the heart of the characteristics of the concept of ID is a forced way of executing what is contained in the requirement. Therefore, warnings, rulings on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle do not fall under the definition of the document, since they do not order the official to take coercive measures. What should be contained in the document that the ID be drawn up in accordance with the established rules, where the data are clearly stated: the name and address of the authority that issued it; the position and full name of the official; data on the case materials on the basis of which it was issued; the date of entry into force information about the claimant and the debtor, the details on which the recoverable funds are transferred, the claim itself, other information, in accordance with Article 13 of the Federal Law 229. The document is signed by officials and certified by a seal, in the case of a judicial act - a stamp. The bailiff may not open enforcement proceedings if the ID is issued with errors and inaccuracies, as this may make it difficult to fulfill this requirement. For example, if the debtor's surname is written illegibly or the details for the transfer are not indicated. It should be noted that the bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or the recoverer disagrees with the amount specified in the demand, the authorities that issued the ID should be contacted. The bailiff can only change the amount of the performance fee, reducing it at his own discretion to 1 thousand rubles. "> Executive documents
• there is information in the FSSP database, all databases are updated weekly. Bailiff service - find out the debt CONTENT OF THE ARTICLE: Enforcement proceedings By last name and first name Check by number By order Official website of bailiffs Base of enforcement proceedings of bailiffs bailiffs may limit some of the rights of the debtor until he repays the existing debt. Therefore, if you are going abroad, want to get a bank loan, sell a car or make another financial transaction, it would be useful to find out about the problems with the bailiffs, so that later you do not face bailiffs blocking your travel abroad or selling your personal car. Checking your debts is a mandatory procedure if you plan to: go abroad, it doesn't matter - for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or property; enter into a financial transaction. Even if you do not plan any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has ruled in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an IP. The case may be opened if the debtor does not pay: utility bills; alimony; money awarded to pay a civil claim; fines; credits, loans and loans. If you have received a writ of execution indicating the case number, you need to find out detailed information about the methods of repaying the debt, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP RF has launched an open database, with the help of which you can not only find out about the enforcement proceedings of bailiffs, its presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name on the FSSP website, for this you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the "Search" button. We enter data We enter the code from the picture We get the result The system will provide information about the state of delay at the current moment for the requested person or, in the absence of an open IP, will notify that there is no debt. You can check the data on the executive case in several ways: on the official website of the FSSP; in the department of bailiffs at the place of registration; by leaving an application for debt verification on the site. The first way is the fastest, you don’t have to go anywhere or wait for an official answer, it’s enough to have access to the Internet. The debtor not only finds out if he has problems, but can also open the decision, find out the case number, and, if necessary, contact the bailiff directly to clarify the details or ways to pay off the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs' portal can be recognized by the number. In order to check the state of production, the user needs to: go to the official website of the FSSP in his region; click on the "Data Bank" option; select the third option "By IP number"; enter the number specified in the notification in the field that opens and click on the "Search" button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and term of payment. The rest of the steps are identical to the full name check. According to the Decree One of the most common types of debt is non-payment of fines for violation of traffic rules, for which, in case of violation of the terms of payment, administrative liability is provided. A driver who has not paid the fine on time may be restricted in the right to drive a vehicle. In the field of activity of the FSSP is the conduct of enforcement proceedings to recover unpaid fines at the expense of the debtor's income. If a fine for violating traffic rules is not paid within the established time limits, the decision to collect the fine goes to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a decision to impose an administrative fine, he can find out the debt from the bailiffs by the order number indicated in the mailing. To do this, on the FSSP resource, you need to find the “By Resolution” tab, enter a unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after fixing the violation. This rule is explained by the fact that sixty days are given for the timely payment of the fine, plus ten days for appealing the decision, plus another ten days for guaranteed payment and fixing it in the databases if the offender managed to pay the fine on the last day of the statutory period . Only after the deadline has passed, if information about payment has not been received, the base of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, having access to the Internet, it is easy to get any information. The data on non-payments according to court documents is no exception. To facilitate the search, as well as to stimulate citizens to pay their debts on time, the official website of the Federal Bailiff Service of Russia has been created, which provides such data in the public domain. On www.fssprus ru it will not be difficult to find out your debt by last name, number of the writ of execution or resolution. There is a standard form that will allow the user to find out if he has unpaid debts and their current status. Using the services of the Internet site is not difficult, you only need to enter the last name, first name, patronymic, or resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill in all the fields without errors, especially when entering a multi-digit order number, since with an error of just one digit, the system either will not find the necessary information at all, or will give it incorrectly. The base of enforcement proceedings of bailiffs Recently, the FSSP has placed on its official website an electronic data bank of enforcement proceedings, using which you can find out the debt or make sure that it is not in real time (online. To find out about the presence or absence of penalties, just go to the site of judicial bailiffs and find out the data in the "Information Systems" section, where to find the "Data Bank of Enforcement Proceedings". On the page that opens, there are tabs: search for individuals by last name; search for legal entities by TIN and PSRN; search for individual entrepreneurs by TIN and PSRN. Let's consider in more detail, what is the database of enforcement proceedings at the bailiffs.This includes only cases in which the court made an unconditional decision to pay debts, among them may be: Collection of alimony if one of the parents evades paying them.Court decisions on claims of creditors.Decisions on violations of traffic rules, for which there was no timely payment of the fine. On the site, in addition to confirming the existing debt, you can find information about its structure and type: whether a forgotten and unpaid fine, debts for utility payments, underpaid tax or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online. Information on open IP is presented in full, that is, all cases that are opened are necessarily entered into the database of bailiffs, where everyone can find out their debt. Prohibition on the registration of a car by bailiffs The ban on the registration of vehicles is used in situations where proceedings are opened against the owner of the car. After a decision is made to take restrictive measures, the traffic police is notified, in these cases, employees of the state inspection are not entitled to re-register the car until the ban is lifted. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking the debts of the bailiffs before the buyer gives the money for the purchased car to its former owner, especially if the seller offers to buy the vehicle under a general power of attorney, and in no case agree to such a deal if it turns out that re-registration vehicle has been banned. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be the same number of decisions on lifting the bans as on imposing. Information systems of bailiffs Information systems of the FSSP provide an opportunity to receive real-time information about the absence or presence of debts, their size, after fulfilling obligations, control the updating of materials without leaving home. It is enough to go to the FSSP website, select the region and search option, and you will be able to see the debts of the bailiffs by last name and first name, pay them online or find a notice of the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic notifications, receive timely information about debts and their repayment, you can also use the application on social networks Vkontakte and Odnoklassniki, where there is a list of bailiff debtors. Conclusion Summarizing the above, we can conclude: no one is immune from trouble, someone does not repay debts intentionally, someone accidentally finds out that somewhere and once a fine was imposed on him, someone left a small amount underpaid loan, which, due to penalties and interest, has grown to a rather impressive amount. You should not hide from these debts, the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment. The article talks about how you can find out the debt from the bailiffs, this information, if applied, will help to avoid problems in the future. "> How to find out the debt
• 938-40-59 St. Petersburg: +7 (812 467-39-61 When applicable Article 68 of Federal Law No. 229 “On Enforcement Proceedings” clarifies the list of individual measures to implement a court order. However, with all available options, repayment of the amount of debt comes from the income of the guilty citizen.In the absence of funds from the defendant, bailiffs get the right to recover property.In this case, the use of the powers of responsible persons occurs as part of the arrest of the relevant objects and further sale at auction - the proceeds are used to pay the debt. collection is characterized by individual characteristics - in some situations, certain positions may be omitted, in others new ones may be added.Standardly, the sequence is expressed in the following stages: Preparation by the plaintiff of documents, according to which the court will establish the existence of debt obligations of the defendant.Isolation of claims and requirements to the debtor - the implementation of pre-trial order of influence on the actions of the violator. Drawing up and filing a statement of claim with a package of establishing documentation to the court. Taking part in court proceedings. Obtaining a relevant court order. Sending a writ of execution to the address of bailiffs for the implementation of disciplinary measures. The law also provides for the right to submit a sheet directly to the bank where the debtor has accounts - after that, the financial institution is obliged to take measures to calculate funds in the prescribed manner. Each dictionary gives its own definition of the concept of "recovery" - in most cases, the difference in characteristics lies in the scope of use of the definition. In a general sense, the penalty provides for the imposition of punishment in relation to persons who, by their actions, violated the norms established by law. At the same time, the scope of application is not important - labor, criminal, administrative or other. In any consideration, it is important for an unscrupulous citizen to understand that the implementation of this tool implies additional difficulties and possible costs for it. Disciplinary sanction In accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction is understood as such a sanction that is implemented by the employer against an employee for committing a disciplinary offense, namely: for improper performance or ignoring the assigned duties. This is a punishment for poor performance of official functions. Additionally, lawyers use other definitions: the measure of responsibility for non-compliance with the requirements of labor discipline; responsibility for violation of the norms of the Labor Code of the Russian Federation; consequences after the implementation of illegal activities or omissions, as a result of which harm was caused to another participant in labor relations. Recovery of this kind is characterized by some specifics that distinguish it from other types of liability. Generally speaking, two features stand out. The first is the basis for bringing to punishment - this is non-compliance with the provisions of labor legislation. The second defines the independence of the employer in making a decision on the misconduct - this does not require the involvement of third-party authorized structures. A disciplinary sanction can act as a general type, when responsibility is established by the positions of the Labor Code of the Russian Federation and the requirements of the internal regulations, and a special one, in which punishment is imposed on certain professions and categories of citizens on the basis of the relevant establishing documents. Application The basis for the application of a disciplinary sanction is a disciplinary offense, which can be the following types of situations: non-compliance with the daily routine - absenteeism and systematic delays; violation of safety standards - the actions of the employee led to a risk to the health and life of all personnel and individual representatives; deterioration in the efficiency of individual services and the enterprise as a whole - failure to comply with orders from direct management; damage to the property of the employer. In addition to “objective” and obvious violations, a penalty can be used if the actions of a citizen in one way or another affect the morale of the team - contributing to the emergence of disputes, conflict situations. Stages of disciplinary proceedings Implementation of a disciplinary sanction is carried out in the following stages: Initially, the employer offers the guilty person to give a written explanation of the situation with the violation. If the employee refused, after two working days an act is drawn up, which indicates: full name, position of the originator and offender; the situation with alleged violations of labor standards (the employee’s refusal to give explanations is noted; an explanation with clarification of the violated provisions of the law or relevant acts. After that, the employer requests from the immediate supervisor of the employee documents confirming the fact of the misconduct, and the penalty for such a situation. After considering the materials received, received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the actions of the offender, the consequences of the committed misconduct, as well as circumstances that can be used as positions that contribute to the mitigation of liability measures are taken into account. The employer expresses the chosen instrument of disciplinary action in the execution of the relevant order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act, which specifies such a decision of the employee. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has elapsed from the date of detection of the misconduct. At the same time, this time period does not include the period the employee is on sick leave, on vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under labor law. After six months, the actions of the employee cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If during the manifestation of the audit, inspection of financial and economic activities, violations are found, the period during which it is allowed to impose a penalty is increased to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not preclude the imposition of administrative or criminal measures. ">Forced recovery
• . Chapter 3 of Federal Law 229 determines the procedure for calculating, ending, restoring, suspending, prolonging, interrupting deadlines and the consequences of missing. Calculation According to Art. 15 paragraph 2 of Federal Law 229, the term in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 of the Labor Code are not taken into account. For example, the period for voluntary execution will increase if a holiday or weekend falls (Sunday. Periods are determined not only by a period of time. In some cases, they are set: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate unauthorized erected structure... At the time of the occurrence of a certain event.For example, enforcement actions are suspended until the debtor's full recovery or demobilization from military service.The countdown begins the next day from the calendar date or from the moment the event occurs (15 p. 3. For example, if a person received a decision on May 20, the time for voluntary execution (5 days will begin to be counted from the next day, that is, May 21 and end on the 25th. The end The end depends on the method of calculation. If the calculation is made in years, then the period should end on the corresponding the date of the last established year (16 clause 1 of the Federal Law 229. If it is considered in days - on the last (16 p. 3. The exception is when the last day is a non-working day. In this case, the end will occur on the next business day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when there is no such date in the last month.For example, the bailiff, within one month from the moment the property is discovered, must involve a specialist in the assessment (85 FZ 229. If the date of discovery of the property is January 31, then in the next month - February of that date In such situations, the law prescribes that the end date be considered the last day of the established month. In this example, it is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have elapsed if the necessary actions were completed before 24 hours (16 p 6. For example, the deadline for appealing the work of collection ends on the 23rd. If the applicant files a complaint on the 23rd before midnight, then time will not be lost.A higher person or authority must accept the document, consider and make an appropriate decision. Skipping and restoration Failure to comply with the deadlines entails the emergence of liability and does not relieve from the fulfillment of the requirement (17 hours 1 . For example, if the defendant does not want to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict an irresponsible citizen (18 clause 1 of the Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP. If you miss the time specified in Article 122 of the Federal Law 229, the document will be returned to the applicant and no action will be taken (17 clause 2. However, if there is a good reason for missing, the deadline can be restored. To do this, the applicant must submit an appropriate petition along with the complaint (18 clause 1. The superior person to whom application, has the right to refuse the request if it considers that the absence is based on insignificant circumstances.In this case, the applicant will receive a copy of the decision to refuse, which the SSP must send the next day after the decision is made (18 clause 3. The refusal can be appealed in court ( Article 121. The term for considering a citizen's appeal Consideration of a complaint about the work of a bailiff by a superior person should not take more than 10 days (Art. 126 . At the same time, it should be taken into account that the appeal takes place in the order of subordination, defined by Art. 123 FZ 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar application goes to court. If the court gives way to the case, the time for examining the complaint to the SSP will be suspended. The time for consideration of an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days. Three days are given for mandatory centralized registration, which is carried out by the Records Management Department in accordance with Instruction No. 682 of 10/10/2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be extended, even up to 30. The applicant will be notified of the extension. The deadline for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted to transfer to the bailiff an application and documents from the office of the SPP (30 clause 7 of the Federal Law 229. The same amount for the official to study the materials received and issue a decision to refuse or open proceedings (30 clause 8 of the Federal Law 229. Weekends, holidays are not taken into account, therefore the total time to initiate proceedings will increase by one day (in total it will be seven. The period will be reduced to one day if the executive document (ID, prescribes immediate execution. In this case, the application, the case materials are immediately submitted to the bailiff, who must accept the appropriate solution. The period in which the debtor is forced to fulfill the requirements of the ID is two months. Exception: the cases referred to in art. 36 p. 2-6.1 of Federal Law 229, the term is set in the ID. The calculation does not include the situations defined in Art. 36 p. 7 (suspension, postponement of enforcement measures. The limitation period for enforcement proceedings The interval during which the recoverer has the right to present the ID for the enforcement of the contained requirements. The ID with a limitation period of three years includes: writ of execution issued by the judicial authorities (calculated from date of entry into force of the decisions taken; court orders. Three months are given for presentation for collection: certificates of the commission on labor disputes. The countdown starts from the date of receipt of the document; writ of execution, whose missed deadline was restored by the decision of the arbitration court. Acts of regulatory authorities (tax, the customs service, the FIU must be submitted for enforcement within a six-month period from the date of issuance (21 clause 6.1. or return from the bank (in case the defendant's account did not have enough money to pay off the debt. ID for administrative violations are presented no later than two years from the date of entry into force. The longest statute of limitations has ID for the collection of periodic payments. It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments should be made and three years after the expiration (21 clause 4 of the Federal Law. The countdown, as noted above, begins to occur either from the moment the document is received (certificate of the labor commission, or from date of entry into force of a court decision, act. But this is not always the case. If the court has postponed or extended the execution of the decision, the countdown should be carried out after the installment period, delay expires (21 clause 9. In addition, the ID period can be calculated anew , and an unlimited number of times.According to Article 22, paragraph 1, its course is interrupted when: the creditor has set in motion the ID; the debtor has partially begun to fulfill the requirement. The time before the interruption is not counted and receives a new reference point (22 paragraph 2. If the bailiff completes the proceedings and returns the document to the claimant due to the impossibility of execution, the case can be reopened within three years from the date of return of the document. And do this an infinite number of times. Conclusion Knowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both sides of the case. This allows the debtor to minimize or avoid financial losses. The creditor is to monitor the correctness of the actions of the FSSP employees and take the necessary measures in a timely manner to obtain the desired result. "> Deadlines in enforcement proceedings