Spagle Force-Federal Law dated 02.10.2007 N 229-FZ RUSSIAN FEDERATION FEDERAL LAW On executive production Adopted by the State Duma on 4 June 1997 Approved by the Federation Council on 3 July 1997: (In the wording of federal laws of 24.12.2002) N 176-FZ; of 10.01.2003 N 8-FZ; of 08.12.2003 N 161-FZ; of 23.12.2003 N 186-FZ; of 05.03.2004 N 11-FZ; dated 29.06.2004 N 58-FZ; of 22.08.2004 N 122-FZ; of 12.10.2005 N 126-FZ; of 27.12.2005 N 197-FZ; of 03.11.2006 N 175-FZ; dated 26.06.2007 N 118-FZ) Chapter I. BASIC PROVISIONS AND GENERAL CONDITIONS IMPROVING THE EXECUTIVE ACTION Article 1. Scope of this Federal Law 1. This Federal Law defines the conditions and procedures for the enforcement of court decisions by courts of general jurisdiction and arbitral tribunals (hereinafter referred to as the courts), as well as acts of other bodies which, in the exercise of the established law, The power is vested in the citizens, the organization of the obligation to transfer to other citizens, organizations or to the appropriate budgets of the funds and other property, or to commit them to certain acts or to abstain from doing so. of the commission of these acts. (In the wording of Federal Law of 27.12.2005) N 197-FZ 2. The procedure for the execution of court decisions on the transfer of funds to citizens and organizations of the corresponding budget of the budget system of the Russian Federation shall be established by the budgetary legislation of the Russian Federation. (The paragraph is supplemented by the Federal Law of 27 December 2005). N 197-FZ) Article 2. Russian legislation on executive production 1. The legislation of the Russian Federation on executive proceedings consists of this Federal Act, the federal law on bailibes and other federal laws governing the conditions and enforcement of judicial acts. and acts of other bodies (hereinafter referred to as federal laws). 2. On the basis of and pursuant to this Federal Act and other federal laws, the Government of the Russian Federation may enact legislation on enforcement matters. 3. If an international treaty to which the Russian Federation is a party establishes rules other than those provided for in the legislation of the Russian Federation on enforcement proceedings, the rules of the international treaty shall apply. Article 3. The enforcement authorities 1. The enforcement of judicial acts and acts of other bodies in the Russian Federation (hereinafter referred to as the bailiff service) and the judicial bailiff service of the constituent entities of the Russian Federation (hereinafter referred to as "the courts of the Russian Federation") (...) (...) (In the wording of Federal Law of 29.06.2004) N 58F) 2. (Spconsumed by Federal Law of June 29, 2004) N 58-FZ) The Judicial Police Service is headed by the Chief Justice of the Russian Federation. The judicial bailiff service in the constituent entities of the Russian Federation is headed by the principal judicial orders of the constituent entities of the Russian Federation. 3. The powers of the bailiff service, the procedure for its organization and activities are governed by the present Federal Law and the Federal Law on Judicial Services. 4. The direct exercise of the functions of the execution of judicial acts and acts of other organs is vested in the bailiff courts, which are district, interdistrict, or in accordance with the administrative and territorial division OF THE PRESIDENT OF THE RUSSIAN FEDERATION The powers of the bailiff courts are determined by the present Federal Law, the federal law on bailials and other federal laws. Article 4. Requirement of a judicial bailiff 1. The requirements of the bailiff for the execution of judicial acts and acts of other bodies are binding on all organs, organizations, officials and citizens throughout the territory of the Russian Federation. 2. In the event of failure to comply with the requirements of the bailiff, it applies the measures provided for by this Federal Law and other federal laws. 3. The resistance to the bailiff in the exercise of his functions in the execution of judicial acts and acts of other bodies is punishable under the laws of the Russian Federation. Article 5. Other organs and organizations performing the requirements of judicial acts and acts of other organs 1. In cases provided for by federal law, the tax authorities, banks and other credit organizations execute the requirements of judicial acts and acts of other bodies. 2. In cases provided for by federal law, the requirements of judicial acts and acts of other bodies may be enforced by other bodies, organizations, officials and citizens. 3. The organs, organizations and persons referred to in paragraphs 1 and 2 of this article are not enforcement authorities. Article 6. Enforcement by other organs and organizations 1. The Executive Document, which contains the requirements of the judicial acts and acts of other bodies on the collection of funds, may be sent directly to a bank or other credit institution if the prospector has information about The accounts of the debtor are available in the accounts of the debtor in the region. 2. Bank or other credit institution servicing the debtor's accounts within three days from the date of receipt of the executive document from the bailiff or bailiff shall execute the claims contained in the executive document The recovery of the money or the failure to comply with the above requirements is due to the lack of sufficient funds in the debtor's accounts to satisfy the demands of the prospector. 3. Failure to comply with the requirements referred to in paragraph 2 of this article shall be a ground for a court or tribunal (hereinafter referred to as the court) to impose a fine on a bank or other credit institution in the manner and the amount determined by the federal law. Article 7. List of executive documents 1. The executive documents are: 1) executive sheets issued by the courts on the basis of: the judicial acts they accept; International Commercial Arbitration and other arbitration courts; judgements of foreign courts and tribunals; decisions of interstate bodies for the protection of human rights and freedoms; (2) court orders; (3) notarized agreements for the payment of alimony; 4) certificates of commission for labour disputes issued on the basis of Decisions; 5) established, in accordance with the established procedure, the claims of the supervisory authorities for the recovery of monies from the bank or other credit institution for full or partial non-performance in connection with The absence of sufficient funds in the accounts of the debtor to meet the requirements of the prospector, unless the Russian Federation law establishes a different procedure for the execution of the said executive documents; 6) (officials) authorized to deal with cases of Administrative Offences; 7) of the Decree of the Court of Justice-execution; 8) of the decision of other bodies in cases stipulated by federal law. 2. In the event of the loss of the original of the executive document, the basis for the recovery is a duplicate issued by the court or other authority which issued the act in accordance with the procedure provided for by the federal law. Article 8. The requirements for the executive documents 1. The executive document must specify: 1) the name of the court or other authority issuing the executive document; 2) the case or the materials for which the executive document was issued and their numbers; (3) date of the adoption of the judicial act or act of another organ to be executed; 4) the name of the prospector-the organization and the debtor-organizations, their addresses; the name, the patronymic of the citizen and the debtor-the citizen, their place and the place of residence, date and place of birth of the debtor; 5) the operative part of the judicial act or of another organ; 6) the date of the entry into force of the judicial act or act of another organ; 7) the date on which the executive document was issued and the date on which it was issued. 2. The executive document issued on the basis of the judicial act shall be signed by a judge and certified by the seal of the court. The executive document issued on the basis of an act of another organ shall be signed by the official of that organ and, in the cases specified by the federal law, by the person who issued the executive document. The executive document shall be certified by the seal of the authority or person issuing it. 3. The contents of the court order and the notarized agreement on the payment of alimony are determined by the Civil Procedure Code of the RSFSR and Family Code of the Russian Federation. Article 9. Initiating production 1. The bailiff is required to take up the executive document from the court or other authority that issued it, or to initiate enforcement proceedings, if the deadline for the execution of the execution and the execution of the execution is not exceeded. This document complies with the requirements of article 8 of this Federal Law. 2. The court bailiff shall, within three days of the receipt of an executive document, order the commencement of the enforcement proceedings. 3. In order to commence enforcement proceedings, the bailiff shall set a time limit for the voluntary execution of the requirements contained in the executive document, which may not exceed five days from the day of commencement enforcement proceedings and notifies the debtor of enforcement of these claims after a specified period of time, with the enforcement of the enforcement collection and the costs of enforcement of the Articles 81 and 82 of this Federal Law. 4. A copy of the decision to commence enforcement proceedings not later than the following day after the day of its delivery shall be sent to the prospector, the debtor and to the court or other authority which issued the executive document. 5. In order to ensure enforcement of the enforcement document on the property recovery, the bailiff's court bailiff is entitled to make an inventory of the property at the same time as the order for the execution of the enforcement proceeding The debtor is in the process of being arrested. 6. The decision to initiate proceedings may be appealed to the relevant court within 10 days. Article 10. Consequences of a requirement violation of the executive document 1. The bailiff shall return the executive document to the prospector within three days from the date of its receipt, if it is sent to the relevant unit, in violation of the period of his or her performance, or to a court or other authority, In the event of a failure to comply with the requirements of article 8 of this Federal Act. 2. The bailiff shall, no later than the day following the date of the order for the return of the executive document, shall send a copy of it to the court or other authority which issued the executive document. 3. The order for the return of the executive document indicates the basis on which the executive document is returned, and sets a time limit for the elimination of the violations if the grounds for return have been the failure to comply with the requirements, as provided for in article 8 of this Federal Act. 4. In the event of a fixed offence, the executive document is deemed to have been received on the date of the initial receipt of the bailiff. 5. The violation of the time limit established for the elimination of the violations does not prevent the secondary direction of the executive document from being brought to the court by the bailiff in general after the violations. 6. A decision on the return of an executive document may be appealed to the relevant court within 10 days. Article 11. Location of execution 1. If the debtor is a natural person (hereinafter referred to as a citizen), the execution shall be performed by the bailiff at the place of residence, the place of work or the location of his or her property. If the debtor is a legal entity (hereinafter referred to as the organization), the execution shall be carried out at the place where it is located or where its property is located. 2. The execution of the requirements contained in the executive documents obliging the debtor to perform certain actions shall be carried out at the place where the actions are carried out. 3. If, in the execution of an executive document, the place of residence of the debtor has changed, the place of work or location of the debtor has changed, or it has become clear that there is no debtor's property that can be recovered from the place of residence or insufficient to meet the requirements of the prospector, the bailiff immediately prepares the act and, no later than the day following the date of its compilation, forwards the executive document together with a copy of the act to the bailiff for the new place of residence of the debtor, the place of his work, The place where the debtor is located or at the new location of the debtor's property, at the same time, shall notify the prospector, the court or any other authority which issued the executive document. 4. The bailiff may carry out an enforcement action in the territory to which his or her functions are not subject, if such a need arises in the execution of the executive document. In this case, the bailiff's bailiff, having drafted the act in accordance with paragraph 3 of this article, shall be sent to the designated territory. Within 24 hours of arrival, he or she notifies the bailiff service of the necessity of performing an execution in the territory, either assisting the arrival of the bailiff, or refusing to do so This is the case in which the Executive Director is entrusted with the task of carrying out the execution of the court bailiff in the territory. In the event of a refusal, the bailiff is required to hand over the executive document to the bailiiff service at the place of further execution of the execution, giving notice of it, the court or any other authority that issued it Executive document. 5. The executive document sent by one judicial bailiff service, one unit or the bailiff service to other service of the bailiff, division or other bailiff must be accepted to the execution of the person to whom it is directed (transmitted). Disputes about the place of execution between bailiff services, offices or bailiers are not permitted. Article 12. The time when the execution of the execution is performed 1. The executive acts are performed on working days from 6 hours to 22 hours local time. The exact timing of the execution of the execution shall be determined by the bailiff. The parties involved in the executive proceeding (hereinafter referred to as the parties) have the right to propose a convenient time for the execution of the execution. 2. In the non-working days established by federal law or other legal acts, the execution of an executive action is permitted only in cases that are not urgent or in cases where the debtor is guilty of other days. cannot be. 3. It is only permitted in cases that endanger the life and health of citizens to perform enforcement actions from 22 hours to 6 hours local time. 4. In order to perform the execution in the cases stipulated in paragraphs 2 and 3 of this article, the bailiff shall be required to obtain a written permission from the senior bailiff. Article 13. Timelines for execution 1. Executive actions must be carried out and the requirements contained in the executive document shall be performed by the bailiff within two months from the date on which the executive document was received. 2. Immediate execution is subject to the requirements of the executive documents: 1) for the recovery of maintenance, wages or other payment for work within one month's payments, as well as the recovery of the entire amount of the debt on these payments, if an executive document provides for its immediate recovery; 2) to reinstate or in the previous position of an unlawfully dismissed or transferred employee; 3) in other cases, if immediate execution The requirements are provided for in the executive document or by federal law. Article 14. { \b Timelines for } { \b } { \b } { \b } Executive papers may be submitted for execution at the following dates: 1) executive sheets issued on the basis of court decisions of general courts, arbitral tribunals (excluding the executive) 1-1 of this paragraph) and judicial orders over three years; (as amended by the Federal Act of 12 October 2005); N 126-FZ ) 1-1) executive sheets issued on the basis of court decisions of arbitral tribunals for which the arbitral tribunal has reinstated the deadline for execution of the execution Three months; (Sub-item: Federal Law of 12.10.2005 N 126-FZ) 2) executive sheets issued by courts based on International Commercial Arbitration and other arbitration courts, within six months; 3) issued in accordance with the established procedure the authorities responsible for monitoring the collection of funds with the bank or other credit institution for full or partial non-performance of the collection, within six months; 4) of the labour dispute commission certificate- within three months; 5) ordination of authorities (officials) authorized to deal with administrative offences within three months. The time limits for the production of other executive documents are established by federal laws governing the conditions and procedures for the issuance of the relevant executive documents. 2. The timescales specified in paragraph 1 of this article shall be calculated on the production of: 1) of the executive documents referred to in paragraphs 1, 1, 1 and 2 of paragraph 1 of this article (excluding judicial orders), from the date of the entry into force of the judicial act, or the end of the period established by the delay or by the date of its execution, or from the day of the determination of the restoration of the time limit for the execution of the execution document, and in cases where the judicial act is immediately enforceable, The following day after the day of its delivery; (In the wording of Federal Law of 12.10.2005) N 126-FZ ) (2) court orders-after 10 days of their issuance; 3) the requirements of paragraph 1 (3) of this article-from the date of their return by a bank or other credit institution (c) The execution of the executive documents referred to in paragraph 1, subparagraph (5) of this article, from the day of the issuance of the corresponding order. Under other executive documents referred to in paragraph 1 of this article, the period of performance shall be calculated on the following day after the date on which they are issued, unless otherwise provided by federal law. 3. Executive instruments for the collection of periodic payments (recovery of maintenance, compensation for injury to health and others) remain valid for all the time that payments have been made. The same procedure applies to notarized agreements for the payment of alimony. In these cases, the deadline for execution of execution documents shall be calculated for each payment separately. Article 15. { \b } { \b } { \b } { \b } The deadline for the submission of an executive document to execution is: 1) the submission of an executive document to execution; (2) partial execution of the executive document by the debtor. 2. After the suspension of the execution of the executive document, the period of time is renewable. The time elapsed before the deadline is not included in the new period. 3. In the event of the return of the executive document to the prospector due to the impossibility of full or partial execution, the deadline for submission of an executive document for execution after the interruption is calculated on the date of the return of the executive document I'm going to collect. Article 16. Reinstating the missed deadline 1. The executive documents on which they have expired shall not be subject to the proceedings of the bailiff, which shall be issued to them. 2. The recovery of the deadline for the submission of an executive sheet or a court order is entitled to apply for the reinstatement of the missing date to the court. 3. For other executive documents, the missed dates are not eligible for recovery. Article 17. Explanation of the judicial act or act of another organ to be executed 1. In the event of uncertainty as to the requirements contained in the executive document, the bailiff has the right to apply to the court or other authority that issued the executive document with a statement explaining the relevant court act or act of the other the body under which the executive document has been issued, as well as a document which, by law, is an executive document. 2. The court or other authority which issued the executive document shall consider the application of the bailiff within a period of 10 days from the date of its receipt and, if necessary, explain the judicial act or act of another organ which it has adopted, on the basis of who has been issued an executive document, and a document that, by law, is an executive document without changing their content. Article 18. Postponement or consideration of the execution of judicial acts and acts of other organs, modification of the method and the order of their execution by their own initiative or statement of the parties, and the parties themselves have the right to apply to the court or other authority which issued the executive document, with a request to defer or to installments, and to change the manner and order of the parties Enforcement. Article 19. Nesting action 1. The bailiff may delay executive action on the application of the prospector or on the basis of a judge's definition. 2. If there are circumstances preventing the execution of the execution, the bailiff may delay the execution for a period of not more than 10 days on the application of the debtor or on his own initiative. 3. In the case of a deposit of executive action by a bailiff, he shall issue a ruling, which shall be notified to the parties, the court or other authority which issued the executive document. 4. The decision of the bailiff on the deposit of executive action may be appealed to the relevant court within 10 days. Article 20. Mandatory suspension of executive production Executive proceeding is subject to mandatory suspension in the case of: 1) the death of the debtor, declaration of the deceased or recognition of the vestny if the legal relationship established by the court allows succession and the commencement by the arbitral tribunal of the debtor's insolvency (bankruptcy) proceedings; (2) loss of the debtor's legal capacity; 3) Participation of the debtor in the armed forces of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Procedure, if such a challenge is permitted by law; 5) to bring a complaint before a court against the actions of the authorities (officials) authorized to deal with administrative offences; 6) for the issuance of the order by the official by a person to whom federal law has the right to suspend The execution of a court act or an act of another organ on the basis of which an executive document has been issued, as well as the execution of a document which, by law, is an executive document; 7) bringing an exception to the court The records (s) of the report (s) Article 21. Suspension of executive proceedings Executive proceedings may be suspended in the case of: (1) the application of the bailiff to a court or other authority that issued the executive document, with a declaration of An explanation of the judicial act or act of another body, as well as of a document which, by law, is an executive document; (2) the request of the debtor to the armed forces of the Russian Federation THE RUSSIAN FEDERATION, THE FUN, of the Russian Federation; (3) finding the debtor on a long-term business trip; 4) finding the debtor for treatment in a hospital facility; 5) to file a complaint (c) The action of the bailiff or the refusal to recuse it; 6) tracing the debtor, his property or the search for the child; 7) the debtor or the prospector on leave outside the place of execution of the execution. Article 22. Period for suspension of enforcement proceedings 1. The executive proceedings are suspended in the case of: (1) the death of the debtor, the declaration of the death of the debtor or recognition of the missing, incapacitated, and the commencement by the arbitral tribunal of insolvency proceedings (bankruptcy) of the debtor-prior to the determination of its successors, the transfer of the property of the missing person to the custody of the absent manager, or the appointment of a legally incompetent debtor of the guardian or to take a decision on the said case; 2) by a recovered military person or by a debtor Service for recruitment in the Armed Forces of the Russian Federation, other troops, military units and bodies, on a long-term official mission, permanent medical institution or search for the debtor, his property or search for a selected person of a child, prior to being discharged from military service or commencing military service under contract, return from mission, discharge from the medical facility, or completion of the search for the debtor, his or her property, or completion of the search for a selected person the child; 3) contesting the execution of the actions, as well as An executive document, or a judicial act or act of another authority, on the basis of which it has been issued, until the merits of the case; 4) complaints of denial of the judicial bailiff, pending consideration of the complaint In other cases, before the termination of the circumstances that served as the basis for the suspension of the enforcement proceedings. 2. Following the removal of these circumstances, the executive proceedings shall be resumed by the court, suspended, by the application of the bailiff or by the bailiff. 3. The period of suspension established by this article may be reduced by the court. Article 23. The grounds for the termination of the enforcement proceedings The executive proceedings are terminated in the case of: 1) by the court that the court refused to recover; (2) the court's approval of the settlement agreement and the debtor; (3) the death of a citizen or a debtor of the citizen, the declaration of a deceased person, the declaration of a missing person, if the legal act or an act of another body has failed to pass a successor or property manager of a missing person; (4) the insufficiency of the property of the liquidated organization to satisfy the demands of the recovered body; 5) the expiry of the statutory period for this type of collection; 6) the revocation of the court act or the act of another the authority under which the executive document is issued, or the document which, by law, is an executive document; (7) refusal to recover the objects seized from the debtor in the execution of the executive document The transfer of their sighting. Article 24. Consideration of suspension and termination of enforcement proceedings 1. The suspension and termination of the enforcement proceedings initiated by an executive document issued by the arbitral tribunal shall be made by the same arbitral tribunal or the arbitral tribunal at the place where the bailiff is located. In all other cases, the suspension and termination of the enforcement proceeding shall be made by the court of general jurisdiction at the place where the bailiff is located. 2. No enforcement action shall be permitted for a suspended or terminated executive proceeding. 3. The suspension or termination of the execution of the bailiff shall be communicated to the parties by the bailiff within three days (if the issue was not decided by the court that issued the executive document) or the other authority which issued the executive order. document. 4. The definition of suspension or termination of the executive proceedings may be appealed in time and in the manner provided for in the Civil Code. of the Code of Procedure of the RSFSR and the Code of Arbitration of the Russian Federation. Article 25. The effect of the termination of the executive production After the court's decision to terminate the enforcement proceedings has entered into force, the bailiff shall cancel all the enforcement measures it has imposed. The definition and the executive document in which the bailiff is to make the appropriate marks shall be returned to the court or other authority which issued the document. Article 26. Returns the executive document 1. An executive document that has not been recovered or partially recovered is returned to the recoverer: 1) on the application of the prospector; 2) if the deadline for the submission of an executive document to execution; (3) If it is not possible to establish the address of the debtor-the organization or place of residence of the debtor-the citizen, the location of the debtor's property or knowledge of the existence of the money and other values held in the accounts and in Deposits or deposits with banks or other credit institutions (for the exception of cases where this Federal Act provides for the search for a debtor or property; 4) if the debtor has no assets or proceeds to which the recovery may be directed and the judicial proceedings All legal measures to find his or her property or income were inconclusive; 5) if the prospector refused to retain the property of the debtor that was not sold in the execution of the executive document; 6) if the action (inaction) prevents it from being executed of the executive document. If the court bailiff is unable to recover from the grounds referred to in subparagraphs 3 to 6 of this paragraph, the bailiff shall establish that act, which is approved by the senior bailiff. The return of an executive document to a prospector is not an obstacle to the new presentation of the said instrument within the time limit calculated in accordance with article 14 of this Federal Law. In the case of the return of the executive document on the grounds referred to in paragraphs 1 and 5 of this paragraph, the advance payment in accordance with article 83 of this Federal Law shall be fully recovered. In the case of the return of an executive document on the grounds referred to in subparagraphs 3 and 4 of this paragraph, the advance payment shall be recovered only in excess of the expenses incurred by the bailiff for the purpose of of the commission of an executive action. 2. The executive document shall be returned to the court or to the other authority which issued the document. 3. The return of the executive document to the bailiff and the return of the advance payment by the bailiff shall be issued by order, which is approved by the senior bailiff. The decision may be appealed to the relevant court within 10 days. Article 27. End of executive production 1. The executive proceeding shall end with: (1) the actual execution of the executive document; (2) the return of the executive document without execution at the request of the court or other authority issuing the document, or 3) the return of an executive document on the grounds specified in article 26 of this Federal Law; 4) by sending an executive document to the organization for a one-time or periodic retention from earning (income) of the debtor; 5) An executive document from one bailiff service or one unit to another; (6) termination of the enforcement proceedings. 2. The decision of the bailiff to end the executive proceedings may be appealed to the relevant court within 10 days. Article 28. The debtor, his property or the search for the child 1. In the absence of information on the location of the debtor on enforcement instruments for recovery of maintenance, compensation for harm caused to health, or compensation for harm to persons who have suffered damage as a result of the death of the breadwinner, as well as on the executive The removal of the child by the bailiff through his or her initiative or upon application by the prospector shall rule on the search for the debtor, which is approved by the senior bailiff. In the same case, the bailiff rules on the search for the property of the debtor or the search for the child. Rozysk is declared at the place of execution of the executive document or the last known place of residence (location) of the debtor or place of residence of the debtor, as well as at the place of residence (location) of the prospector. The citizen's debtor-the citizen and the search for the child is carried out by the internal affairs agencies. The debtor-organization as well as the property of the debtor (citizen or organization) is carried out by the bailiff service. The search costs for the debtor, its property and the search for the child are recovered from the debtor, and the bailiff's court orders the order, which is approved by the senior bailiff. The costs of tracing the debtor or the search for the child are determined by the application of the internal affairs authority and the search for the property of the debtor, on the basis of the calculation of the expenses incurred by the bailiff service. 2. In other executive documents, the bailiff is entitled to declare the search for the debtor or his property, subject to the consent of the bailiff, to bear the burden of the search for and to advance the said expenses in accordance with article 83 of this Federal Law. In this case, the prospector has the right to seek reimbursement from the debtor for the search expenses. 3. The decision of the bailiff to refuse to search for the debtor or his property and to recover the wanted expenses can be appealed to the relevant court within 10 days. Chapter II. { \cs37\b } { \b } { \b } { \b } Article 29 Lead Parties 1. The parties to the executive proceeding are the prospector and the debtor. 2. A citizen or an organization in favour of or for whom an executive document has been issued is a bubble. 3. The debtor is a citizen or an organization obliged under the executive document to perform certain actions (transfer money and other property, perform other duties or prohibitions contained in the executive document), or To refrain from committing them. 4. Several breakers or debtors may participate in the enforcement proceedings. Each of them, in relation to the other party, participates in the executive proceeding alone or may designate an accomplice in the enforcement proceedings. Article 30. The participation of minors in the executive production 1. Citizens who have reached the age of 18 may exercise their rights and perform their duties in an executive proceeding alone or through representatives. A minor who has reached the age of 16 may independently exercise his or her rights and perform his or her duties in an executive proceeding if he is declared fully capable (emancipation). 2. The rights of minors are exercised in the executive proceedings by legal representatives, their parents, adoptive parents, guardians or tutors. 3. In the cases provided for by federal law, in the execution of executive documents issued on the basis of judicial acts and acts of other organs in matters arising from civil, family, labour, administrative and transaction matters, related to the disposal of the earned income (income), minors can exercise their rights and perform their duties in the executive. Article 31. Rights and obligations of the parties 1. Parties to the executive action have the right to consult the materials of the executive proceedings, make statements from them, make copies of them, submit additional materials, file petitions, participate in the commission -to make oral and written explanations in the course of the executive action, to express their arguments and views on all matters arising in the course of the enforcement proceedings, to object to motions, reasons and considerations of other persons involved in the enforcement proceedings, Appeal against the actions (inaction) of the bailiff. 2. The parties must comply with the requirements of the legislation of the Russian Federation on enforcement proceedings. Article 32. Succession in the executive proceeding In case of disposals by one of the parties (death of a citizen, reorganization of a legal entity, assignment of a claim, transfer of a debt), the bailiff has the obligation to substitute of this party by its successor, determined in accordance with the procedure established by the federal law. For the transferee, all acts performed prior to their entry into the executive proceeding are mandatory to the extent that they are binding on the party that the successor has replaced. Article 33. Participation in the executive production representatives of the parties 1. Citizens may participate in the executive proceedings themselves or through representatives. The personal participation of a citizen in the enforcement proceedings does not deprive him of the right to have a representative. If the executive document of the debtor is entrusted with duties that it may perform in person only, the debtor is not entitled to act through a representative. 2. The participation of the organizations in the executive proceeding shall be carried out through their organs or officials acting within the limits of the powers conferred upon them by laws, other regulatory instruments or constituent instruments, or through Representatives of these bodies and officials. Persons representing the organization are required to have documents confirming their position and authority. Article 34. The powers of the representatives The credentials of a representative must be confirmed by a power of attorney issued and executed in accordance with the federal law. Article 35. Representative authority 1. A representative participating in an executive proceeding shall be entitled to perform all actions related to the executive proceeding on behalf of all actions. 2. The power of attorney issued by the submission should specifically stipulate the authority of the representative to perform the following actions: 1) presentation and revocation of an executive document; 2) transfer of authority to another person (Trust); (3) appeal against the bailiff's actions; 4) the receipt of the award (including money). Article 36. Persons who cannot be representatives 1. No representatives in the executive proceedings may be persons under the age of 18 or under guardianship or trusteeship. 2. Judges, investigators, prosecutors, court bailiff and court staff cannot be representatives in the executive. This rule does not apply to cases in which the persons concerned participate in the enforcement proceedings as authorized courts, prosecutors ' offices or as legal representatives. Article 37. Legal representatives 1. The rights and legally protected interests of incapacitated citizens and citizens who are restricted in their legal capacity are protected by the legal representatives-their parents, adoptive parents, guardians or custodians, who submit documents, Certifying their credentials. The legal representatives shall act on behalf of all acts that are submitted under the restrictions provided by law. 2. In the case of an executive proceeding, which is to be attended by a citizen duly recognized as being absent, the representative shall act as the person who is transferred to the administration of the property of the absentee and which Appointed by representatives in accordance with the civil law of the Russian Federation. 3. In the case of an executive proceeding, in which the heir of a person who dies or has been declared dead, if no one has been accepted, the heir shall be the guardian appointed for the protection assets and their management. 4. Legitimate representatives may delegate the participation in the executive proceedings to another person chosen by them as a representative. Article 38. Participation in the interpreter's executive proceedings 1. The parties may invite an interpreter in the execution of the act. Any citizen who has reached the age of 18, who has the knowledge of the languages of translation, may be a citizen of 18 years of age. 2. A person who needs an interpreter is given a time limit for his or her invitation. In the event that the person concerned fails to ensure the participation of an interpreter in the period set by the bailiff, the interpreter may be appointed by order of the bailiff. 3. The Translator is entitled to remuneration for work performed. The remuneration paid to him relates to expenses incurred in the execution of the execution. 4. In the case of an knowingly misinterpretation, the interpreter is liable under the federal law, which he is warned by the bailiff. Article 39. Participation in executive production 1. The presence of a person who is required to perform an executive action relating to the opening of the premises and storage occupied by the debtor or other persons or persons belonging to the debtor or other persons, to the examination, seizure, seizure and transfer of property Debtor. 2. In other cases, they are made at the discretion of the bailiff. 3. Any eligible citizens who have reached the age of 18, who are not interested in the execution of the act or who are not members of the enforcement proceedings in relation to filiation, subordination, may be invited as witnesses or control. The number of persons understood cannot be less than two. Article 40. Rights and duties of understood 1. It is the duty of the Ponyin to verify his signature in the act of execution of the relevant actuality, the content and the results of the execution of which he was present. He is entitled to know, for which enforcement action, he is invited, on the basis of which executive document they are committed, and to make observations about the acts committed. The comments of the witnesses are to be recorded in the act of the appropriate executive action. Upon request, they may be enlisted in their own hands. Before the start of the executive actions, in which the witnesses are involved, the bailiff explains their rights and obligations. 2. They shall be entitled to compensation for the costs incurred by them in connection with the performance of the duties of the witnesses. These costs relate to expenses incurred in the execution of the execution. Article 41. Participation of specialists in executive production 1. In order to clarify issues requiring specialized expertise, the bailiff may, on its own initiative or at the request of the parties, appoint a specialist and, if necessary, -a number of specialists. 2. A person with the necessary knowledge may be appointed as a specialist. The specialist shall give an opinion in writing. 3. The specialist is obliged to report on the challenge of the bailiff, provide an objective opinion on the issues raised, provide explanations about the actions it takes. A specialist is entitled to remuneration for work performed in connection with the execution of the execution. This fee applies to expenses incurred in the execution of the executive action. 4. A specialist shall be liable under federal law for refusal or refusal to give or knowingly false imprisonment, as he shall be warned by the bailiff. Article 42. Interactions by bailiers with militia officers Police officers, within the limits of their federal law, shall assist the bailiff in carrying out their official duties. In cases where the baili/s are hindered in the performance of the execution or the risk of their life or health. Article 43. Executive production 1. The bailiff, translators and experts shall not participate in the executive proceedings and shall be disqualified if they are relatives of the parties, their representatives or other persons involved in the enforcement proceedings, or are interested in the outcome of the enforcement proceedings or there are other circumstances which cast doubt on their impartiality. 2. If there are grounds for disqualification, the person who is subject to the challenge must recuse himself. On the same grounds, the disqualification may be raised by a prospector or debtor. The reasons for the withdrawal must be stated in writing and declared before the commencement of the execution of the execution, unless the grounds for the disqualification became known after the commencement of the execution of the execution. 3. The question of the disqualification of the bailiff is allowed by the senior judicial bailiff. The question of the disqualification of an interpreter or professional is decided by the bailiff. 4. Following a review of the question of the disqualification of an interpreter or a specialist, the bailiff makes a reasoned decision, which is approved by the senior judicial bailiff. 5. In the event that an application for the disqualification of the bailiff is granted, the executive document executed by the bailiff is handed over to the other judicial bailiff or sent to other offices or services of the judicial branch. -The bailiaf. 6. Refusal to satisfy the bailiff of the bailiff may be appealed to the relevant court within 10 days. Chapter III. { \b USE } { \b } { \b } { \b } { \b } The basis for the enforcement of measures of constraint The basis for enforcement of enforcement measures is: 1) the presentation of an executive document in accordance with federal law; (2) The adoption by the bailiff of an executive order; 3) the expiry of the time limit set by the bailiff for voluntary execution. Article 45. Enforcement measures Enforcement measures are: 1) recovery of the debtor's property by seizure and disposal; (2) seeking recovery payment, pension, scholarship and other types of income of the debtor; 3) seeking recovery of money and other property of the debtor located in other persons; (4) seizure of the debtor and transfer of recovered items from the debtor; in the executive document; 5) other measures, under the present Federal Act and other federal laws that give effect to the executive document. CHAPTER IV. DETAILS OF THE EXPLOSION CONTINUITY Article 46. The procedure for seeking the recovery of money and other property of the debtor 1. The recovery of the debtor's property consists of its seizure (s), seizure and enforcement. 2. The execution of the executive documents is primarily addressed to the money of the debtor in rubles and foreign currency and other values, including those held in banks and other credit institutions. Cash found on the part of the debtor is seized. 3. They are subject to arrest if there is information about the money and other values held in the accounts and deposits held in banks and other credit institutions. If information about the presence or absence of accounts and deposits in banks and other credit organizations is not available to the debtor, the bailiff shall request the information from the tax authorities. The tax authorities are obliged to submit the necessary information to the bailiff within three days. The same information, as defined by the Ministry of Finance of the Russian Federation, may be submitted on its application if it has an executive sheet with an expired statute of limitations. (In the wording of Federal Law of 29.06.2004) N 58F) 4. If the debtor has no money in rubles sufficient to satisfy the requirements of the prospector, recovery is applied to the money of the debtor in foreign currency. 5. If the debtor does not have sufficient funds to satisfy the requirements of the prospector, recovery is made to other property owned by the debtor, with the exception of property which, under federal law, cannot be The recovery is reversed. The debtor is entitled to specify the types of equipment or items to be recovered in the first place. The order in which the recovery of money and other assets of the debtor is prioritized is determined by the bailiff. 6. Recovery of the debtor's property, including cash and other values in cash, or in the accounts and deposits or storage in banks and other credit organizations, shall be treated in the amount and volume required for The execution of the executive document, taking into account the recovery of the performing collection and the costs of execution of the executive actions. Where the debtor has property belonging to it on the right of common property, the recovery shall be applied to its share determined in accordance with federal law. Article 46-1. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 }{ \cs6\f1\cf6\lang1024 } Professional{ \cs6\f1\cf6\lang1024 } Treatment of the debt of a professional participant of the securities market on the money of its clients, located in a separate bank account (accounts), opened by professional participant of the securities market in the credit institution in In accordance with the Federal Law "On the securities market" (hereinafter referred to as the special account), it is not allowed. 2. If the debtor-client of the professional participant of the securities market is subjected to recovery, the money of the debtor's client in the special account is subject to arrest. On the basis of the order of the bailiff's bailout, a professional participant in the securities market is obliged to immediately suspend transactions with the money of the debtor's client in the special account, in the amount, required for the execution of the executive document. The bailiff has the right to request from a professional participant of the securities market information about the debtor's special account in the amount that is required to execute the execution of the document. The Professional Market Member of the Securities Market is required to provide the necessary information to the bailiff within three days of receipt of the relevant request. The recovery of the money of the debtor-client in the special account is carried out in the manner provided for in article 48 of this Federal Law. Federal Law of 05.03.2004 N 11-FZ) Article 47. The procedure for seeking the recovery of money of the debtor in foreign currency when calculating the debt in rubles 1. Discovered and seized from the debtor in foreign currency, the bailiff court no later than the following day will be sold to a bank or other credit institution that is authorized to sell foreign currency Foreign currencies on the domestic currency market of the Russian Federation. 2. In the case of the seizure of the debtor's funds in foreign currency, held in accounts and deposits or holding in a bank or other credit institution, which are entitled to the sale of foreign currency on the domestic foreign currency market of the Russian Federation, The bailiff's order requires the bank or other credit institution to sell the foreign currency in the amount stipulated in article 46, paragraph 6, of this Federal Act. In case the funds are in accounts and deposits or holding in a bank or other credit institution, which do not enjoy the right to sell foreign currency on the domestic foreign currency market of the Russian Federation, The bailiff obliges them to transfer the money of the debtor in foreign currency to a bank or other credit institution which exercises this right. 3. The bank or other credit institution shall carry out the decisions of the bailiff's judicial bailiff within seven days from the date of their receipt. 4. Cash in rubles received from the sale of foreign currency is allocated in accordance with the procedure provided for in article 57, paragraph 2, of this Federal Act. If the person is a citizen who wishes to receive the amount recovered on an executive document in person, it is transferred to the deposit account of the bailiff unit. 5. Copies of the judgements of the bailiff are sent to the parties in the cases provided for in this article. 6. The orders of the court bailiff, as provided for in this article, may be appealed to the relevant court within 10 days. Article 48. Collection of recovery from the property of the debtor, the property of other persons The recovery of the debtor's property from other persons is determined by the court in the presence of the witnesses. Article 49. Recourse to foreclosed property 1. The foreclosing property may be brought to the attention of the debtor in the case of failure to comply fully with the requirements of the civil law of the Russian Federation. The Federation of the Rights of the Trainer and the Rules of Chapter V of this Federal Law. 2. The mortgagee, who has retained the mortgagee, is required to satisfy the requirements of the creditors who take advantage of the claim in the value of the foreclosed property in excess of the value of the property. Article 50. Property may not be recovered In the execution of executive documents against citizens, the property specified in the Inventory of non-expendable property is not subject to recovery. The Conference of the Parties, Article 51. Arrests of the debtor's property 1. The seizure of the property of the debtor shall be effected no later than one month from the day of service to the debtor of the commencement of the enforcement proceedings and, where necessary, at the same time as its delivery. 2. The seizure of the property of the debtor consists of the recording of property, the declaration of the prohibition to dispose of it and, if necessary, restrictions on the right to use, seize or transfer property. The types, amounts and time limits of the restriction are determined by the bailiff in each case, taking into account the properties of the property, the value of the property to the owner or the owner, the economic, domestic or other use, and other factors. 3. Violation of the prohibition of the bailiff by the executor or the non-observance of the restriction of the right to use the property of the seized debtor is punishable under federal law. 4. The arrest is used: 1) to secure the property of the debtor, which is to be subsequently transferred to or for further disposal; (2) in the execution of the court act on the confiscation of the debtor's property; (3) In the execution of the court's definition of attachment to property belonging to the defendant and to his or her other persons. 5. The seizure of the seized property for further disposal shall be carried out within the period established by the bailiff after five days after the seizure. 6. Subject to the specific circumstances, the bailiff has the right to remove all property or items at the same time as the property is seized. Thunder and other items that are subject to rapid deterioration are withdrawn and transferred immediately. 7. Cash in rubles and foreign currency, precious metals and precious stones, jewellery and other items of gold, silver, platinum and platinum group metals, precious stones and pearls, as well as scrap and parts of such items, in the case of the property of the debtor in the custody of the debtor. 8. The arrest of securities is imposed in the manner determined by the Government of the Russian Federation. Article 52. Valuation of the debtor's property 1. The property of the debtor shall be assessed by the bailiff at the market price in effect on the date of execution of the executive document, except in cases where the assessment is made at regulated prices. 2. If the assessment of individual items is difficult or the debtor or the debtor is opposed to the judgement, the bailiff shall appoint a specialist to determine the value of the property. 3. The party challenging the property valuation performed by the bailiff shall bear the cost of the appointment of a specialist. Article 53. Storing property 1. The property of the debtor is transferred to the custody of the debtor or other persons designated by the bailiff (hereinafter, the custodian). The property may be used by the Keeper if the properties of the property do not lead to the destruction of property or the reduction of its value. 2. The Keeper, if it is not a debtor or a member of his or her family (for the debtor-organization, its employee), shall receive appropriate remuneration. The Custodian shall also be reimbursed for the necessary expenses incurred in the storage of the property, less the actual benefit actually derived from the use of the property. 3. The procedure and conditions for the custody of seized and seized property shall be determined by the Government of the Russian Federation. 4. In cases of embezzlement, disposition, concealment or illegal transfer of transferred property of the debtor, the custodian, with the exception of the liability for damages, shall be subject to criminal liability in accordance with federal law. Article 54. Realization of seized property 1. The sale of seized property, with the exception of property seized by law from circulation, regardless of the grounds for the arrest and the type of property, is sold within two months from the date of the seizure, unless otherwise stipulated Federal law. 2. Sale of the property of the debtor, excluding real property, shall be carried out by a specialized organization on commission and other contractual arrangements provided for by federal law. 3. The sale of immovable property of the debtor is effected by means of tendering by specialized organizations authorized to carry out transactions with real estate, in accordance with the procedure provided by the legislation of the Russian Federation. 4. If the property is not sold within two months, the right to leave the property is granted. In the event of a disclaimer, it is returned to the debtor and the executive document is recovered. Article 55. Features of the execution of the executive documents for several enforcement productions 1. In cases where several enforcement proceedings have been initiated in the unit against the same debtor, they shall be consolidated in the executive proceedings and in the property of the debtor, within the total amount of the collectable, The collection and the estimated costs of performing the execution shall be subject to an arrest enabling the execution of the executive document, regardless of the seizure of the debtor's property in another claim (s). When complying with the requirements of article 78 of this Federal Act, a uniform sequence is established for the execution of a sequence of satisfaction of the demands of each of the following: queue. 2. If the enforcement proceedings against the same debtor have been initiated in several units of the bailiff service of the constituent entity of the Russian Federation, the fulfilment of the requirements of this article shall ensure and control the main judicial branch. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. If the enforcement proceedings against the same debtor are instituted in the offices of the bailijers of different constituent entities of the Russian Federation, the fulfilment of the requirements of this article shall ensure and control the main judicial branch. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The functions of the security and control referred to in paragraphs 2 and 3 of this article may be transferred to the main judicial bailiff of the constituent entity of the Russian Federation, the principal judicial bailiff of the Russian Federation, respectively. of the Russian Federation 5. In order to meet the requirements of this article, the main judicial bailiff of the Russian Federation and the principal judicial orders of the constituent entities of the Russian Federation shall establish appropriate banks to initiate enforcement proceedings in units. Article 56. Transfer of recovered items specified in an executive document In the case of an award of items specified in an executive document, the bailiff shall remove these items from the debtor and transfer them to the debtor. I'm going to make a transfer. In the event of a failure to collect the recovered objects from these items, they are returned to the debtor and the enforcement proceedings are terminated. Chapter V. The Organization of the United Nations ARREST AND REALIZATION OF PROPERTY MUST BE TESTED Article 57. Recourse to the collection of funds of the debtor-organization 1. Cash in cash in roubles and in foreign currency, stored in the safe deposit boxes of the debtor-organization and located in an isolated office of this office or other premises of the debtor-organization, shall be seized immediately upon detection. 2. The seized funds in roubles on the same day are deposited in the bank for transfer to the debt of the debt, to enrol in federal budget revenue in the amount of the performing fee, and the remaining funds, To cover the costs of the execution of an executive action, they shall be paid to the deposit account of the unit. (In the wording of Federal Law of 22.08.2004) N 122-F) 3. The bailiff shall take measures to arrest the money of the debtor-organizations held in accounts and deposits or deposits with banks and other credit organizations, as provided for in article 46 of this Federal Act. of the law. Article 58. Recovery for other property of the debtor-organization If the debtor does not have sufficient funds to repay the debt, the recovery shall apply to the other property belonging to the debtor. The right to own property, the right to economic management, or the right of operational control (except for property seized from turnoverand property that cannot be recovered under federal law), no matter where and whose actual use it is. (In the wording of the Federal Law of 03.11.2006) N 175-FZ) The property shall be arrested or otherwise carried out in accordance with the procedure provided for by this Federal Law. Article 59. The procedure for freezing the property of the debtor-organization and its implementation The arrest and sale of the debtor's property shall be in the order of priority: 1) in the first place, the property; not directly involved in the production (securities, money in deposit and other accounts of the debtor, currency values, passenger vehicles, office design objects and other); 2) in the second line of finished products (goods) as well as other tangible assets not directly involved in the production and non-direct participation; 3) in the third phase of immovable property, as well as raw materials and materials, machinery, equipment, other fixed assets Participation in the proceedings. Article 60. Measures to enforce the execution of the executive document when the recovery of the property of the debtor-organization 1. In the event of an arrest by the court bailiff of the property of the debtor-the organization of the property of Release 3, he shall be notified of the notification in the Federal Tax Service within three days of the arrest The seizure of the property of the debtor-an attachment to the annex on the composition and value of the property to be seized, as well as the amount of the claims of the prospector. (In the wording of Federal Law of 29.06.2004) N 58-FZ) A copy of the said notification is sent to the tax authority controlling the debtor's implementation of payments to budgets at all levels and state off-budget funds. 2. On the proposal of the Federal Tax Service , the bailiff's bailiff service publishes a report in the press about the recovery of property The debtor is an organization. (In the wording of Federal Law of 29.06.2004) N 58F) 3. Having been notified by the Federal Tax Service of the action to be taken by the debtor of the organization to institute proceedings before the arbitral tribunal, the bailiff shall apply to the court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 29.06.2004) N 58F) 4. Where an arbitral tribunal has commenced proceedings in respect of the debtor's insolvency (bankruptcy) case, the enforcement proceeding and the disposition of its assets are suspended until the arbitral tribunal is seized Substantive issues. Article 61. The order of the recovery in the reorganization and liquidation of the debtor-organization 1. In the case of reorganization (merging, accession, separation, allocation, conversion) of the debtor-organization, the recovery of the executive documents shall apply to the funds and other assets of the organization to which the claim is made OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In the case of liquidation of the debtor-organization, executive documents held by the bailiff shall be transferred to the liquidation commission (liquidator) for execution. The court bailiff reports on the direction of the executive document of the liquidation commission (liquidator). Article 62. The preparation of the bidding by the bailiff is 1. The trading of immovable property is organized and carried out by specialized organizations authorized to carry out transactions with immovable property with which the contract is concluded. 2. The specialized organizations are bidding on the application of the bailiff by specifying the minimum initial value of the property to be tendated. 3. The application shall be accompanied by: 1) a copy of the executive document; 2) copy of the act of seizure by the bailiff by the bailiff; 3) the real estate document; (4) copies Documents confirming the right to landin the case of a sale of a separate building. (In the wording of the Federal Law of 26.06.2007) N 118-FZ) 4. In the sale of the long-term lease, the bailiff, in addition to the documents referred to in paragraph 3 of this article, attaches: 1) a copy of the lease contract; 2) a copy of the certificate of registration of the lease; 3) a copy of the document confirming the consent of the lessor to the claim for long-term lease or the document from which the lease is to be transferred without the consent of the lessor, if the lease is right was received by the lessee as a result of the bidding. 5. When selling the right to the construction-in-progress facility, the bailiff, in addition to those listed in paragraph 3 of this article, is attached: 1) a copy of the decision to withdraw the land; 2) copy The permission of the State authority and/or the local authority for the construction. Article 63. The timing and order of the bidding process 1. The bidding shall be carried out within two months from the date of receipt by the specialized organization of the relevant application of the bailiff. 2. The procedure for bidding is determined by the Civil Code of the Russian Federation. CHAPTER VI. DETAILS OF THE EXPLOSION OF THE { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Article 64 { \cs6\f1\cf6\lang1024 } Collection of wages and other types of income of the debtor Recovery of wages and other types of income of the debtor is applied in the enforcement of decisions on the recovery of periodic payments, recovery of the amount, not Over two minimum wages, in the absence of the debtor's property or insufficient property to fully pay the recovered amounts. Article 65. The amount of deductions from the wage and other income of the debtor The amount of deductions from wages and other income of the debtor is calculated from the amount remaining after the withholding of taxes. Article 66. The size of the debtor's deductions and other types of income of the debtor 1. In the execution of an executive document from the debtor, no more than 50 per cent of the salary and related payments and the issuance of the full payment of the claimed amounts may be retained. 2. The employee must retain 50 per cent of the salary if he deducts from wages and related payments and the issuance of several executive documents. 3. Restrictions on the amount of deductions from wages and related payments and the extradition set out in paragraphs 1 and 2 of this article shall not apply to the recovery of maintenance for minor children, or compensation for harm caused to health, Compensation for damage caused by death of the breadwinner and compensation for damage caused by the crime. In these cases, the amount of deductions from wages and related payments and extradition cannot exceed 70 per cent. 4. The rules set out in this article shall also apply to the collection of awards, pensions, remuneration for use by the author of his or her copyright, the right to discovery, the invention to which the authors have been issued. certificates, as well as for the rationalator proposal and the industrial sample to which the certificates have been issued. Article 67. Recourse to recovery on the debtor's earnings, serving sentence 1. From the sentenced person to the correctional labour, the recovery of the executive documents must be made out of all earnings, without regard to the deductions made on the basis of a judgement or court order. 2. Sentenced convicts serving sentences in correctional colonies, colonies-settlements, prisons, educational colonies, as well as from persons in drug treatment units of psychiatric clinics and hospitals, collection shall be made out of all earnings without pay for the reimbursement of the costs of their maintenance in these establishments. Article 68. Collection of social insurance benefits Social insurance benefits (on temporary incapacity, maternity, partly paid leave and others), and Also, the payment of unemployment benefits is only ordered by a court order, a court order for the recovery of maintenance, or a notarized agreement on the payment of alimony or on the court's decision on compensation for injury to health and compensation. Persons who have suffered harm as a result of the death of a breadwinner. Article 69. The types of revenue that cannot be amuses Recovery cannot be directed to the sums paid: 1) in compensation for harm caused to health, as well as compensation for injury to persons, death of the breadwinner; 2) persons injured (injury, injury, concussion) in the performance of their duties and members of their families in case of death (death) of such persons; 3) in connection with birth a child; mothers with many children; single father or mother; and for the maintenance of minors Children during the search for their parents; pensioners and disabled I groups; care for supplementary food, sanatorium and resort treatment, prosthetics and expenses in the event of injury to health; and obligations; 4) for working with harmful working conditions or in extreme situations, as well as to citizens exposed to radiation as a result of accidents or accidents at nuclear power plants, and in other cases established by Russian legislation THE RUSSIAN FEDERATION; 5) Organization for the Birth of a Child, with Death family, with the registration of the marriage, and the termination indemnity paid in the event of the dismissal of the employee. Article 70. Order of Maintenance and Debt Maintenance Obligations Recovery of Maintenance and Debt of Maintenance Obligations is defined by Family Code of the Russian Federation. Article 71. Recovery of maintenance payments at the time of the departure of the debtor to the foreign state for permanent residence, work or passage of the military service in the Armed Forces of the Russian Federation, other troops and military units The Family Code of the Russian Federation sets out the procedure for collecting maintenance from the debtor upon leaving the debtor. In the same manner, maintenance payments are recovered from the debtor upon his departure for work or military service in the Armed Forces of the Russian Federation, other troops and military formations. Article 72. The order of execution of the judicial act of confiscation of property derived from criminal acts or acquired by criminal means, as well as the penalty of a fine 1. The court which decided to confiscate property obtained as a result of criminal acts or acquired a criminal offence shall, upon the entry into force of that decision, direct the bailiff to the executor of the property the executive sheet, a copy of the property records and a copy of the sentence for execution, as notified by the relevant financial authority. 2. Confiscation is subject to the property of the sentenced person included in the inventory. Disputes concerning the ownership of the property subject to confiscation shall be settled in civil proceedings. 3. The judicial bailiff immediately upon receipt of a judicial act on the confiscation of property derived from criminal acts or acquired by criminal means, copies of the property records and a copy of the judgement of the court shall verify the existence of the property in question in the inventory. These items, money and other values are deposited and, if necessary, sealed and sealed. The bailiff shall take the necessary measures to preserve the property specified in the inventory. The property records issued by the bailiff are approved by the judge. 4. The procedure for transfer of confiscated property to financial institutions shall be established by the Government of the Russian Federation. The transfer of the confiscated property to the financial authorities shall be effected after the satisfaction of all the claims brought against the convicted person in accordance with the legislation of the Russian Federation. In respect of claims to be satisfied by the confiscated property of the convicted person, the State shall be responsible within the asset. 5. In case of wilful evasion of a fine imposed as an additional form of punishment, the penalty shall be imposed in accordance with the procedure laid down in this Federal Act. (Article 72 as amended by Federal Law dated 08.12.2003 N 161-FZ) CHAPTER VII. EXECUTIVE COMMITTEE OF THE PARTIES, General conditions for the execution of the executive obligor of the debtor to perform specific actions or to refrain from committing 1. After an enforcement proceeding under an executive order requiring the debtor to perform or refrain from performing certain acts, the bailiff shall, in accordance with article 9 of this Federal Law, Set a time limit for the debtor's voluntary performance. 2. The executive document on reinstatement of an employee who has been unlawfully dismissed or transferred shall be executed immediately. The execution of the executive document shall be deemed to have been completed since the actual admission of the employee to the previous duties following the issuance of an order issued by the Administration to set aside its unlawful dismissal order, or About the transfer. 3. In the event of failure to comply with the requirements of paragraphs 1 and 2 of this article, the bailiff shall apply to the debtor penalties and other measures as provided for in article 85 of this Federal Law; and Designates a new deadline for the execution of the executive document. In the event that the debtor is not required to participate in the execution of the executive document, the bailiff shall arrange for execution in accordance with the rights conferred on him by this Federal Law, with a 3-fold recovery from the debtor The amount of the expenditure incurred in the execution of the executive acts. 4. In the event that an executive document cannot be executed, the bailiff shall order the return of the executive document to the court or other authority which has issued it, which is approved by the senior bailiff. The order can be appealed to the relevant court within 10 days. Article 74. Consequences of non-performance of the enforcement recovery document at work If the debtor does not perform an enforcement document on reinstatement of the illegally dismissed or transferred employee, the court In addition to the measures provided for in article 85 of this Federal Act, the bailiff shall apply to the court with a statement issued by a senior judicial bailiff, in accordance with the procedure prescribed by civil procedure law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Earnings during the time of forced entry or the difference in earnings from the day of the decision to reinstating the employee on the day of execution of the executive document. Article 75. Execution of the executive document on eviction of the debtor 1. In the event of default, the eviction of the eviction is carried out by the bailiff by the bailiff. 2. The bailiff formally notifies the debtor of the date and time of forced eviction. The absence of a debtor notified of the day of eviction is not an obstacle to the execution of the executive document. 3. Eviction consists of the release of the premises specified in the executive document from the evicted (their) property, house animals and the prohibition of the evicted (evicted). 4. Eviction is carried out in the presence of witnesses, where necessary, with the assistance of the internal affairs agencies, with the mandatory inventory of the property produced by the bailiff. 5. The bailiff shall, where necessary, ensure that the assets of the debtor are kept, with the expenses incurred. Custody of property of the debtor shall be carried out within a period not exceeding three years, after which the property is sold in accordance with the procedure established for the disposal of the vacant property. The funds from the sale of the property of the debtor are directed to the federal budget. 6. The execution of the execution document on the eviction of the debtor is carried out by the executor of the eviction act. Article 76. Execution of the executive document on the settlement of the prospector 1. In the event of non-execution of an enforcement document on the settlement of the prospector within the period set by the bailiff for voluntary execution, the settlement is carried out by the bailiff. The settlement consists of the provision by the bailiff of the unimpeded access of the person to the premises specified in the executive document and his/her residence (stay). In doing so, the debtor is informed that the forced settlement is carried out and that it is under an obligation not to fix the obstacles to the residence (stay). 2. In the case of obstruction by the debtor of the execution of an executive document on the settlement of the prospector, the enforcement actions are carried out with the participation of witnesses and, where necessary, the internal affairs agencies. Further hindrantation of the residence (stay) of the ascent shall be repeated and shall be subject to penalties and other measures provided for in article 85 of this Federal Act. 3. The execution of an executive document on the settlement of the prospector is executed by the bailiff by an act of occupation. 4. The executive document shall be deemed to be executed if the necessary space has been recovered from the daily use of the premises. 5. The executive proceeding of the executed document may be resumed if, after the act on the settlement of the settlement of the settlement, the debtor again interferes with the residence (stay) of the prospector. In the case of obstruction of residence (stay) by a person, according to the executive document, the executive proceeding cannot be resumed. The question of settlement is dealt with by the courts. Chapter VIII. DISTRIBUTION OF EXPLOSIVES SUM AND QUEUE DETAILS EXPLOSIVE REQUIREMENTS Article 77. The allocation of the recovered cash amount 1. From the monetary amount (including the sale of the debtor's property) collected by the bailiff from the debtor, the execution fee is paid, the fines imposed on the debtor during the execution of the execution The Conference of the States members of the Committee on the Rights of the The remaining cash is used to satisfy the requirements of the prospector. 2. The monetary amount remaining after all claims of the prospector has been met is returned to the debtor. Article 78. Priority to meet the requirements of the sirgelation 1. In case of insufficient amounts recovered from the debtor in order to satisfy all the requirements of the executive documents, the amount shall be distributed among the sequeers in the order set out in paragraph 2 of this article. 2. First of all, the requirements for the recovery of maintenance, compensation for the injury caused to the health and compensation for harm to persons who have suffered damage as a result of the death of the breadwinner are satisfied. The requirements of workers arising out of labour relations are met; the requirements of members of the production cooperatives associated with their work in these organizations; claims for payment by lawyers Legal aid, payment of the remuneration due to the author for the use of his work, as well as for the use of discovery, invention, useful model, industrial model for which the relevant certificates have been issued. The requirements of the Russian Federation's Pension Fund, the Social Insurance Fund of the Russian Federation are satisfied. (In the wording of Federal Law dated 10.01.2003 N 8-FZ) Fourth, payment requests to all levels and state off-budget funds that are not included in Release 3 are met. A fifth of the requirements are met in the order in which the executive documents are received. 3. The requirements of each successive queue are satisfied after the requirements of the previous queue are fully repaid. If the amount recovered is insufficient to fully satisfy all the requirements of one queue, they are satisfied in proportion to the amount due to each of the recovered amounts. CHAPTER IX. IMPROVING THE EXECUTIVE COMMITTEE OF THE { \field { \field } { \field { \field { \field { \field { \field { \field { \field } } { \field { \field { \ Execution of judicial acts and acts of other bodies against foreign nationals, stateless persons and foreign organizations In the execution of judicial acts and acts of other bodies in respect of foreign nationals Citizens, stateless persons and foreign organizations are subject to the provisions of this Federal Act. Article 80. Execution of decisions of foreign courts and arbitration 1. The procedure for the execution in the Russian Federation of the decisions of foreign courts and tribunals is determined by the relevant international treaties of the Russian Federation and by this Federal Law. 2. The executive list issued by a court of the Russian Federation on the basis of a decision of a foreign court may be submitted for execution within three years from the date of entry into force of the decision. CHAPTER X. PERFORMING COLLECTION. IMPROVEMENT OF EXECUTIVE ACTION of the Russian Federation. Executor 1. In the event of failure of the enforcement document without valid reasons within the time limit established for the voluntary performance of the document, the bailiff shall issue a ruling against which the debtor is charged with an execution fee. 7 per cent of the amount claimed or the value of the debtor's property. In the event of non-execution of the enforcement document, the executive collection shall be collected from the debtor-a citizen in the amount of five minimum wages, with the debtor-organizations-50 times the minimum wage. 2. The order for the recovery of the performing fee shall be made on the first entry of the executive document to the bailiff. Subsequent execution of the executive document shall not be liable to the executing court. 3. Fulfilation is credited to the federal budget in full. (...) (...) N 122-F) 4. In the case of the termination of the enforcement proceedings, in view of the cancellation of the judicial act or of the act of another authority, on the basis of which the executive document was issued, as well as a document which, by law, is an executive document The collection is returned to the debtor. 5. The decision to enforce the enforcement fee shall be issued at the same time as the order for the enforcement of the enforcement proceedings or the recovery of the performing fee may be specified in the order for the enforcement of the executive order. production. Article 82. Expense expense 1. The costs of performing the executive action are spent on organizing and carrying out the said actions of the federal budget, as well as the funds of the parties and other persons involved in the executive proceedings. (...) (...) N 122-F) 2. The costs of performing the execution include: 1) the transport, storage and disposal of the debtor's property; (2) the payment of interpreters, interpreters, specialists and other persons engaged in 3) tracing the amounts recovered; 4) search for the debtor, property or search for a child selected by the debtor; 5) other necessary executive actions carried out in the course of execution of the executive document. Article 83. Advance the cost of the scaler 1. In order to ensure the execution of the execution, the prospector has the right to make an advance contribution to the deposit account of the unit in an amount sufficient to produce the relevant expenses or part thereof. 2. In the case provided for in article 28, paragraph 2, of this Federal Act, the prospector must fully advance the related costs of tracing the debtor or property. 3. At the end of the executive action, the advance fee is fully recovered. In the case of the termination of the enforcement proceedings, due to the unjustified refusal of the payment of the items taken from the debtor in the execution of the executive document on the transfer of their removal, and the return of the executive document to the recovered body, If he or she acts against the execution of an executive document, a part of the advance fee exceeding the expenditures incurred in the execution of the execution shall be returned. Article 84. { 1 } { \b } { \b } { \b } Execution costs are recovered from the debtor and placed in the deposit account of the unit, with subsequent reimbursement to the federal budget. (...) (...) N 122-F) 2. In the case of the termination of the executive proceedings, in view of the cancellation of the order under which the executive document was issued, the expenses of the enforcement action are charged to the federal budget. 3. In the cases provided for in article 83, paragraph 3, of this Federal Act, the expenses incurred in performing the execution shall be recovered from the prospector. 4. Recovery of costs, charging them to the federal budget in the cases provided for by this Federal Law, as well as compensation to the body or person who have incurred them, is made on the basis of a relevant court order. The bailiff, approved by the senior bailiff. Copies of the specified order are sent to the parties within three days. 5. The order may be appealed to the relevant court within 10 days. 6. In the event of the debtor's refusal or evasion of the recovery of the expenses of tracing him or the search for his property declared in accordance with article 28, paragraph 2, of this Federal Act, the issue of reimbursement shall be settled by the courts on the application of a prospector. In this case, the payment is exempt from payment of the state duty. Article 85. It is the responsibility of the debtor to perform certain actions or to refrain from committing it 1. In the event of default, without valid reasons, the executive document obliging the debtor to perform or refrain from doing certain acts within the time limit set by the bailiff is in accordance with article 73 This Federal Act provides for a fine of up to 200 minimum wages and a new period of time for execution. 2. In subsequent violations by the debtor without valid reasons for the new execution of the execution document, the fine is doubled each time. 3. In the event of a repeated failure to perform an executive document without valid reasons, the bailiff shall submit to the relevant authorities a submission on the administrative or criminal liability provided for by the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The order of the bailiff for the fine shall be approved by the senior judicial bailiff. It may be appealed to the relevant court within 10 days. Article 86. { \cs6\f1\cf6\lang1024 } Credit { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Bank { \cs6\f1\cf6\lang1024 } { \b Failure Failure to comply with the requirements contained in the Executive Document for the recovery of monies from the debtor, the bank or other credit institution servicing the accounts of the debtor, in the case of production of an executive document, if any The amount of money in the accounts of the debtor is the basis for the court to impose a fine of 50 per cent of the amount to be recovered from the bank or other credit institution. 2. The procedure for imposing a fine shall be determined by a federal law. Article 87. The liability for failure to comply with the legitimate bailiff requirements and the violation of the Russian Federation's legislation 1. Failure of the citizens and officials to comply with the legal requirements of the bailiff and the violation of the legislation of the Russian Federation on enforcement proceedings, as well as for the loss of an executive document or failure to delay it. The submission of false information on the income and property of the debtor, as well as the failure of the debtor to dissociate themselves from work, the place of work or place of residence, the persons responsible and officials shall be subject to judicial proceedings. with a fine of up to a hundred times the minimum wage In the case of failure to act as a result of a summons to appear before the bailiff or to the place of execution of the executive action, the decree is issued. 2. The decision of the bailiff is approved by the senior judicial bailiff. It may be appealed to the relevant court within 10 days. 3. If there is a citizen or official who deliberately fails to comply with the legal requirements of the bailiff or obstructions them or otherwise violate the law of the Russian Federation In the case of the prosecution, the State party is of the view that in the case of a person who is not a member of the court, it is not necessary for the State party to ensure that the perpetrators are brought to justice. Article 88. Decisions of the bailiff (bailiff) 1. If the decisions of the bailiff (execution of enforcement proceedings, enforcement collection, imposition of fines and others) affect the decisions of the bailiff, they affect the interests of the parties and other persons, The bailiff shall issue a ruling. 2. The order must include: 1) the date and place of delivery of the order; 2) the position, last name, first name and patronymic of the bailiff who issued the order; 3) executive proceedings, to which judgement is issued; 4) the issue under consideration; 5) the basis of the decision, with reference to the laws and other normative legal acts applied by the bailiff; 6) { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field Appeals against the ruling. Article 89. (Spconsumed by Federal Law of 22.08.2004) N 122-F) CHAPTER XI. Protection of the rights of the EXPLOSIVE, CONTINUATION OF AND OTHER PERSONS DURING THE EXECUTIVE ACTION Article 90. Appeals against the bailiff's bailiff 1. In the performance of the bailiff's execution of an executive document issued by the arbitral tribunal or the refusal to commit such acts, including the refusal of the bailiff, the bailiff or the debtor may be A complaint has been filed with the arbitral tribunal at the place where the bailiff is located within a 10-day period from the date of the act (refusal of action). In all other cases, a complaint of execution by a court bailiff or refusal to perform such acts, including refusal to recuse the bailiff, shall be brought before a court of general jurisdiction The location of the bailiff is also within 10 days of the date of the act (refusation). The duration of this period for a person not notified of the time and place of execution (of refusal of an act) starts from the day when the person concerned has become aware of it. 2. The damage caused by the bailiff by the executor of citizens and organizations is subject to compensation in accordance with the civil law of the Russian Federation. Article 91. Protection of rights of collection by the late collection organization on the executive document A prospector has the right to file a claim for the recovery of the amount to be deducted from the debtor, not held on the fault of that organization. { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } Article 92. Protection of the rights of other persons in committing enforcement actions In the event of a dispute arising out of ownership of the property referred to by the collection, the citizens and organizations concerned shall have the right to contact The court with the claim for the release or removal of the property from the inventory. Article 93. Protection of the rights of the organizations upon default of the recovery at work In the event of failure of the enforcement document to reinstate the illegally dismissed or transferred In the case of the worker, the damage caused to the organization by the payment of sums to the employee in accordance with the civil procedural legislation of the Russian Federation may be recovered from the head or other employee of the organization responsible for the damage caused by the organization. non-execution of the executive document, in the order in which OF THE PRESIDENT OF THE RUSSIAN FEDERATION CHAPTER XII. CONCLUDING AND TRANSITIONAL PROVISIONS Article 94. The entry into force of this Federal Law This Federal Law shall enter into force three months after the date of its official publication. Article 95. Transitional provisions 1. To invite the President of the Russian Federation to instruct the Government of the Russian Federation and the State authorities of the constituent entities of the Russian Federation to bring their normative legal acts into conformity with this Federal Law within two years. Months from the date of its official publication. 2. To instruct the Government of the Russian Federation: , within two months from the date of the official publication of this Federal Law, to prepare and submit, in accordance with the established procedure, proposals for amendments and additions to the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION President of the Russian Federation B. Yeltsin Moscow, Kremlin 21 July 1997 N 119-FZ