On Enforcement Proceedings

Original Language Title: Об исполнительном производстве

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102048381

Expired-the Federal law from 02.10.2007 N 229-FZ of the RUSSIAN FEDERATION FEDERAL LAW on enforcement proceedings adopted by the State Duma June 4, 1997 year approved by the Federation Council of the year July 3, 1997 (as amended by the Federal law of 24.12.2002 N 176-F3;
from 01/10/2003 N 8-FL; from 08.12.2003. N 161-FZ;
from 23.12.2003 N 186-FL; from 05.03.2004 N 11-FZ;
from 06/29/2004 N 58-FZ; from 22/08/2004, no. 122-FZ;
from Oct 12, 2005 N 126-FZ; from 27.12.2005 N 197-FZ;
from 03.11.2006 N 175-FZ; from 26.06.2007 N 118-FZ) Chapter i. BASIC provisions and General CONDITIONS of EXECUTION Article 1. The scope of this federal law 1. This federal law determines the conditions and procedure for compulsory execution of judgments of the courts of general jurisdiction and arbitration courts (hereinafter the Court), as well as acts of other bodies in the exercise of statutory powers granted the right to hold the nationals organization responsibilities transferred to other citizens or organizations in the respective budgets of funds and other property or commit in their favor a specific action or refrain from committing these acts. (As amended by the Federal law dated 26.12.2005 N 197-FZ)
2. the procedure for the enforcement of judicial acts on the transfer of citizens, organizations of funds corresponding to the budget the budgetary system of the Russian Federation establishes the budgetary legislation of the Russian Federation. (Para supplemented by federal law from 27.12.2005 N 197-FZ), Article 2. The legislation of the Russian Federation on enforcement proceedings 1. The legislation of the Russian Federation on enforcement proceedings consists of this federal law, the Federal law on bailiffs and other federal laws governing the conditions and procedures for the enforcement of judicial acts and acts of other bodies (hereinafter referred to as the other federal laws).
2. On the basis of and pursuant to this federal law and other federal laws, the Government of the Russian Federation may accept normative legal acts on the issues of Executive production.
3. If an international treaty of the Russian Federation stipulates other rules than those stipulated by legislation of the Russian Federation on enforcement proceedings, the rules of the international treaty shall apply.
Article 3. Enforcement bodies 1. Enforcement (hereinafter-) judicial acts and acts of other bodies in the Russian Federation is vested in the bailiff service (hereinafter referred to as the bailiffs service) and bailiff service of subjects of the Russian Federation (hereinafter referred to as bailiffs). (As amended by the Federal law dated 06/29/2004 N 58-FZ)
2. (repealed-the Federal law dated 06/29/2004 N 58-FZ) of the bailiff Service is headed by a Chief Bailiff of the Russian Federation.
Bailiffs in the constituent entities of the Russian Federation headed by Chief bailiffs of constituent entities of the Russian Federation.
3. the powers of the bailiff service, the procedure for its organization and activities determined by this federal law and the Federal law on bailiffs.
4. Direct implementation of functions on execution of judicial acts and acts of other bodies is vested in the bailiff-artists United in a district, inter-district, or their corresponding according to administrative-territorial division of subjects of the Russian Federation led by marshals unit senior judicial police (hereinafter referred to as units).
The powers of bailiffs-performers are defined by this federal law, the Federal law on bailiffs and other federal laws.
Article 4. Be bound by requirements of the bailiff of the Executive Director 1. Requirements of the bailiff in the execution of judicial acts and acts of other bodies are binding on all authorities, organizations, officials and citizens throughout the territory of the Russian Federation.
2. In case of non-compliance the bailiff-performer he applies the measures provided for in this federal law and other federal laws.
3. Resistance of the bailiff to carry out executive functions on execution of judicial acts and acts of other bodies subject to liability according to the legislation of the Russian Federation.
Article 5. Other bodies and organizations performing legal acts and acts of other bodies 1. In cases stipulated by the Federal law, legal acts and acts of other bodies on the recovery of funds shall be executed by the tax authorities, banks and other credit organizations.
2. In cases stipulated by the Federal law, legal acts and acts of other bodies may be executed and 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. Providing executive action by other bodies and organizations

1. Executive document containing the legal acts and acts of other bodies on the recovery of funds, debt-collector can be sent directly to the Bank or other credit institution, if the plaintiff has information about available out there accounts of the debtor and of the availability of the funds or the bailiff-artist, if he had no such information, for execution in the manner prescribed by this federal law.
2. Bank or other credit institution engaged in maintenance of accounts of the debtor, within three days from the date of receipt of the Executive document from plaintiff or the bailiff-the Executive Director acted as contained in document requirements for recovery of Executive cash or make a mark about the complete or partial non-performance of these requirements in connection with the absence at the debtor's accounts of funds sufficient to meet the demands of the plaintiff.
3. Failure to comply with specified in paragraph 2 of this article the requirements is the reason for the imposition of Court of general jurisdiction or Arbitration Court (hereinafter the Court) on a bank or other credit institution fine amounts and defined by the Federal law.
Article 7. List of Executive documents 1. Executive documents are: 1) writs issued by the courts on the basis of: they have taken judicial acts;
the decisions of the international commercial arbitration and other arbitral tribunals;
decisions of foreign courts and arbitral tribunals;
solutions to inter-State bodies for the protection of human rights and freedoms;
2) writs;
3) notary certified agreement on payment of the alimony;
4) identity of the labour dispute Committee, issued pursuant to its decisions;
5) decorated in the prescribed manner the requirements of bodies performing control functions on the recovery of funds from the Bank's stamp or other crediting organization of total or partial non-performance penalties because of the absence of the debtor's accounts of funds sufficient to meet the demands of the plaintiff, if the legislation of the Russian Federation establishes another procedure for the execution of these Executive documents;
6) ruling bodies (officials) empowered to consider cases on administrative offences;
7 the bailiff) of the order of the Executive Director;
8) regulations other authorities in cases stipulated by the Federal law.
2. in case of loss of the original Executive document the basis for recovery is its duplicate, issued by a court or other authority, the Act of annulment, in a manner consistent with federal law.
Article 8. Requirements for Executive documents 1. Executive document must be specified: 1) the name of the Court or other authority that issued the Executive document;
2) or materials for which issued Executive document, and their numbers;
3) date of adoption of the judicial act or act of another body, enforceable;
4) names of plaintiff-debtor organizations and organizations, their addresses; surname, name, patronymic of the plaintiff-debtor's citizen-citizen, their place of residence, date and place of birth and citizenship of the debtor's place of work;
5) the Resolutive part of judicial act or act of another body;
6) date of entry into force of a judicial act or act of another body;
7) date of issuance of the Executive term and document it.
2. Executive document issued by a judicial act, shall be signed by the judge and shall be certified by the seal of the Court stamp.
Executive document issued on the basis of the Act of another body, be signed by an officer of that body, and in cases stipulated by the Federal law-person Executive issued the document. Executive document is certified by a seal of a body or person issuing it.
3. the contents of the court order and notarized alimony paying agreement is determined by the code of civil procedure of the RSFSR and the family code of the Russian Federation. These acts are signed by persons who have taken or udostoverivshimi them and stamped.
Article 9. The initiation of enforcement proceedings 1. Bailiff is obliged to accept the Executive document from a court or other authority, its issuing, or plaintiff and initiate enforcement proceedings, if not the deadline for bringing an enforcement document and this document complies with the requirements set forth in article 8 hereof.
2. the bailiff within three days from the date of receipt to it Executive documents ordered to Institute enforcement proceedings.

3. the decision to Institute enforcement proceedings bailiff sets deadline for voluntary execution contained in Executive document requirements, which may not exceed five days of excitement of the Executive production, and notifies the debtor about enforcing these requirements upon the expiry of the collection with him performing the collection and expenditure of legal actions under articles 81 and 82 of this federal law.
4. a copy of the decision to Institute enforcement proceedings not later than the next day after the date of its issuance shall be sent to the recoverer, debtor, as well as to a court or other authority that issued the Executive document.
5. in order to ensure the execution of the Executive instrument for property penalties according plaintiff bailiff simultaneously with the issuance of the decision to Institute enforcement proceedings has the right to make an inventory of the property of the debtor and to impose on it the arrest, as indicated in this regulation.
6. the decision on the initiation of enforcement proceedings may be appealed to the appropriate court in 10 days.
Article 10. Consequences of violation of the requirements for Executive document 1. Bailiff returns Executive document recoverer within three days from the date of its receipt if it is directed to the appropriate unit in violation of the term it is enforceable, either in court or other authority that issued the Executive document if its requirements set forth in article 8 hereof.
2. the bailiff is not later than the next day after day a ruling on the return of Executive documents, send a copy of the recoverer, to a court or other authority that issued the Executive document.
3. the decision on the return of the Executive document indicates what the base returned Executive document and set a term for elimination of the violations, if the return was a failure to comply with the requirements provided for in article 8 hereof.
4. In case of elimination of irregularities within the prescribed time-limit the Executive document is deemed received on the day of the initial receipt of bailiff.
5. Violation of the deadline set for eliminating violations, does not preclude the secondary direction Executive Executive bailiff document in general order after the Elimination of these violations.
6. the decision on the return of Executive documents may be appealed to the appropriate court in 10 days.
Article 11. Place of execution 1. If the debtor is a natural person (hereinafter citizen), the executive actions are executing a bailiff to his residence, place of work or the location of his property.
If the debtor is a legal person (hereinafter referred to as "the Organization"), the executive acts are committed in a place of its location or the location of its assets.
2. Compliance with the requirements contained in the Executive documents requiring the debtor to commit certain actions carried out at the place of Commission.
3. If in the course of Executive documents have changed their place of residence of the debtor, his place of work or his whereabouts or revealed that the debtor's property to continue to foreclose location is missing or it is not enough to meet the demands of the plaintiff, the bailiff is immediately about this Act, and not later than the next day after day it directs the Executive paper together with a copy of the Act of the bailiff, the Executive Director of the new place of residence of the debtor , the place of his work, his finding either a new location of property of the debtor, as simultaneously notify the plaintiff, the Court or other authority that issued the Executive document.
4. the bailiff may make the executive actions on the territory to which its functions do not apply if during the execution of the Executive document originated.
In this case, bailiff, amounting to act in accordance with paragraph 3 of this article shall be communicated in a specified territory. Within 24 hours upon arrival, he notifies a executive actions on the territory of the relevant bailiff service, which assists the Executive visiting bailiff or refuses him and instructs the further performance of the Executive document bailiff-Executive Director, effective on the territory. In case of cancellation arrived bailiff is obliged to transfer managing document bailiff service to place further commit execution with a notice on the plaintiff, the Court or other authority that issued the Executive document.

5. the Executive instrument (passed) a bailiff service, one unit or a bailiff executing other bailiff service, units or other bailiff-Executive Director, must be adopted to follow up those whom he sent (transmitted). Disputes about the scene of execution between bailiffs, offices or implementing bailiffs are not allowed.
Article 12. Time of execution 1. Executive acts are committed in working days from 6:00 till 10:00 pm local time. The specific time of execution is determined by a court bailiff. Parties involved in enforcement proceedings (hereinafter also referred to as the parties) may offer a convenient time of executive action.
2. In the nonworking days established by federal law or other normative legal acts, making executive action is allowed only in cases of urgent cases, or in cases where the fault of the debtor therefor impossible on other days.
3. Making executive action with 10:00 pm to 6:00 local time is allowed only in cases that endanger the life and health of citizens.
4. To commit execution in cases stipulated in points 2 and 3 of this article, the bailiff must obtain written permission from senior bailiff.
Article 13. Deadlines for performing executive actions 1. Executive actions should be carried out and the requirements contained in the Executive document executed by the bailiff executing, within two months from the date of receipt to it executive document.
2. Immediate execution shall be subject to the requirements of Executive documents: 1) for maintenance, salaries or other remuneration for work within the payments calculated for one month, as well as the recovery of the full amount of the debt payments if the Executive document envisages its immediate recovery;
2) reinstatement in their former posts or unlawfully dismissed or transferred employee;
3) in other cases, if the immediate execution of claims provided by the Executive or by the Federal law.
Article 14. The timing of the presentation of the Executive documents for execution 1. Executive documents may be presented for enforcement in the following terms: 1) writs issued on the basis of the judgments of the courts of general jurisdiction, arbitration courts (with the exception of Executive sheets referred to in subparagraph 1-1 of this paragraph), and orders within three years; (As amended by the Federal law on Oct 12, 2005 N 126-FZ), 1-1) writs issued based on judicial decisions of arbitral tribunals, on which the arbitral tribunal restored missed the deadline for the presentation of a writ of execution to execution, within three months; (Supplemented by federal law from Oct 12, 2005 N 126-FZ) 2) enforcement orders issued by the courts on the basis of decisions of international commercial arbitration and other courts of arbitration, within a period of six months;
3) furnished in the prescribed manner the requirements of bodies performing control functions on the recovery of funds from the Bank's stamp or other crediting organization of total or partial non-performance penalties within six months;
4) identity of the labour dispute Committee within three months;
5) ruling bodies (officials) empowered to consider cases on administrative offences, within three months.
The timing of the presentation of the other executive instruments for execution are established by federal laws, defining the conditions and the procedure for issuing the relevant Executive documents.
2. The time limits specified in paragraph 1 of this article shall be calculated upon presentation to execution: 1) Executive documents referred to in subparagraphs 1, 1-1 and 2 of paragraph 1 of this article (with the exception of orders), after the entry into force of the Court decision into legal force or closing date when deferral or payment in instalments of its execution, or from the date of the determination, on the restoration of the term for the presentation of the document omitted the Executive to assume and in cases where the judicial act shall be carried out immediately, from the day following the day of its issuance; (As amended by the Federal law on Oct 12, 2005 N 126-FZ) 2) orders at the expiration of the 10-day period from the date of their issue;
3) claims referred to in subparagraph 3 of paragraph 1 of this article, from the day of the return of their bank or other credit institution to the recoverer or bailiff-Executive Director;
4) Executive documents referred to in subparagraph 5 of paragraph 1 of this article, since a corresponding ruling.
Other executive instruments referred to in paragraph 1 of this article, the term presentation for execution shall be calculated from the day following the date of their issuance, unless otherwise stipulated in the Federal law.

3. Executive documents on recovery of periodic payments (alimony, compensation for harm caused to health and others) shall remain in force for all time that awarded payments. The same procedure applies to the notary certified agreements on payment of the alimony.
In these cases, the timing of the presentation of the Executive documents for execution shall be calculated for each payment separately.
Article 15. Break the term of presentation of the Executive instrument for execution 1. The deadline for the presentation of the Executive instrument for execution is interrupted: 1) presentation of the Executive instrument for execution;
2) partial execution of Executive documents by the debtor.
2. after an interruption of the period of presentation of the Executive instrument for execution during the period resumes. Time elapsed before half term, a new term does not count.
3. In the event of a return to the recoverer Executive document on the grounds of full or partial execution of term presentation of the Executive instrument for execution after the break is calculated from the date of return to the recoverer Executive document.
Article 16. Restore the missed deadline presentation Executive document for execution 1. Executive documents, for which the deadline for the presentation of their bailiff for execution, Executive Director for production are not accepted, as they imposed a decree.
2. The plaintiff, had missed the deadline for the presentation of a writ of execution or writ for execution, has the right to apply for renewal of a missed deadline in the Court that issued the relevant judicial act.
3. Other Executive documents missed deadlines are not subject to recovery.
Article 17. An explanation of the judicial act or act of another authority subject to execution 1. In case of ambiguity the demands contained in the Executive document bailiff may apply to a court or other authority that issued the Executive document, a statement of clarification of the relevant judicial act or act of another body on the basis of which issued this Executive document, as well as document, which by law is an executive instrument.
2. the Court or other authority that issued the Executive paper considers the statement by the bailiff in 10 days from the date of its receipt and, if necessary, gives an explanation of the judicial act or act of another body on the basis of which the Executive issued the document, as well as document, which by law is an executive instrument, without changing their content.
Article 18. Deferral or installment of enforcement of judicial acts and acts of other bodies, changing the way and order of their execution if circumstances hindering the legal actions, bailiff, on its own initiative or the request of the parties, as well as the parties themselves shall be entitled to apply to a court or other authority that issued the Executive document, a statement of deferral or payment in instalments of his execution, as well as about a change in the way and order execution.
Article 19. Postponement of execution 1. Bailiff may postpone the execution of the statement of plaintiff or on the basis of a determination by a judge.
2. If there are circumstances that prevent legal actions, the bailiff may delay execution for a period of not more than 10 days on a debtor application or on its own initiative.
3. In the case of adjournment of the executive actions of the bailiff-performer, he will make an appropriate decision, as notified, the parties, the Court or other authority that issued the Executive document.
4. the decision of the bailiff of the Executive Director on the suspension of the enforcement actions may be appealed to the appropriate court in 10 days.
Article 20. Mandatory suspension of enforcement proceedings is subject to compulsory enforcement proceedings suspended in the following cases: 1) the death of the debtor declaring him dead or untraceable recognition, if the Court allows the succession relationship, as well as instituting the arbitral tribunal of the insolvency (bankruptcy) of the debtor;
2) debtor capacity;
3) participation of the debtor in the fighting in the armed forces of the Russian Federation, other troops and military formations established in accordance with the legislation of the Russian Federation, or request a plaintiff residing in the same conditions;
4) challenging the debtor Executive document if such a challenge is permitted by the law;
5) filing a complaint with the Court against actions of authorities (officials) empowered to consider cases on administrative offences;
6) ruling official, which by federal law are granted the right to suspend the enforcement of a judicial act or act of another body on the basis of which the Executive issued the document, as well as the execution of the document, which by law is an executive instrument;

7) presentation of the claim to the Court to exclude from inventory (release from arrest) the property levied on executive document.
Article 21. Suspension of execution enforcement proceedings may be suspended in the following cases: 1) the treatment of the bailiff in court or other authority that issued the Executive document, a statement of clarification of its judicial act or an act of another institution, as well as document, which by law is an executive instrument;
2) debtor passing on the call to military service in the armed forces of the Russian Federation, other troops, military formations and organs established in accordance with the legislation of the Russian Federation;
3) locate the debtor in a long business trip;
4) the debtor being treated in inpatient facility;
5) filing complaints against the bailiff-artist or denial of his disqualification;
6) debtor tracing, tracing his property or child;
7) the debtor or plaintiff in vacation outside the place where the executive action.
Article 22. The timing of the suspension of execution 1. Enforcement proceedings shall be suspended in the following cases: 1) the debtor's death, declaring him dead or missing, recognition incapable, as well as instituting the arbitral tribunal of the insolvency (bankruptcy) of the debtor-to the determination of its successors, the transfer of property the Court missing Manager specific agencies of tutorship and guardianship, or appointing incompetent debtor guardian or a decision on the case;
2) passage of debt-collector or debtor military conscription in the armed forces of the Russian Federation, other troops, military formations and organs, finding in a long business trip, in-patient hospital or tracing a debtor, his assets, or tracing the selected child prior to discharge from military service or military service under the contract, return from a business trip, discharge from hospital or the completion of the investigation of the debtor , its property or completion of investigation selected by the child;
3) contestation of executive action, as well as the Executive instrument or judicial act or other authority under which it is issued, before final consideration of the merits;
4) complaints about the denial of disqualification of the bailiff-Executive Director-until the complaint by the Court, and in other cases, prior to the termination of the circumstances which warrant the suspension of the enforcement proceedings.
2. After removing the Executive production resumes his priostanovivshim Court, upon application of the plaintiff or the initiative of the bailiff.
3. Defined in this article shall suspend enforcement proceedings may be reduced by the Court.
Article 23. Grounds for termination of the Executive production Executive production is ceased in case of: 1) the Court denying a plaintiff from recovery;
2) court approval of a settlement agreement between debt-collector and debtor;
3) death of plaintiff-debtor or citizen-citizen, declaring it dead, recognition of untraceable if judicial act or act of another body requirements or responsibilities cannot go to the successor in title or the property missing;
4) insufficiency of the assets of liquidating the Organization to meet the demands of the plaintiff;
5) expiry for this kind of penalty;
6) the abolition of the judicial act or act of another body on the basis of which the Executive issued a document, or a document, which by law is an executive instrument;
7) denying a plaintiff from receiving the items seized from the debtor in the performance of Executive documents transferring the recoverer.
Article 24. Consideration of the questions of suspension and termination of the Executive proceedings 1. Suspension and termination of the Executive proceedings initiated on the basis of Executive documents issued by an arbitral tribunal shall be made by the same arbitral tribunal or the arbitral tribunal at the location of the bailiff.
In all other cases, suspension and termination of the Executive proceedings produced Court of general jurisdiction at the location of the bailiff.
2. On an not terminated or suspended the Executive production of any executive action is not allowed.
3. suspension or termination of the Executive production of bailiff within three days, shall be communicated to the parties by the Court (if the question is not the Court that issued the Executive paper) or other authority that issued the Executive document.
4. Definition of suspension or termination of enforcement proceedings may be appealed on the dates and in the manner envisaged by the code of civil procedure of the RSFSR and the arbitration procedure code of the Russian Federation.

Article 25. Consequences of termination of enforcement proceedings after the entry into force of the ruling on termination of the Executive production of res judicata bailiff undoes all actions assigned to them. This definition and the Executive paper in which bailiff must make relevant notes are returned to a court or other authority that issued this document.
Article 26. The return of Executive documents 1. Executive document, on which no recovery or was partially returned to the recoverer: 1) on the application of the plaintiff;
2) if violated the term presentation of Executive documents for execution;
3) if it is impossible to establish the debtor's address-organization or place of residence of the debtor who is a citizen of, the location of the debtor's property or information about the availability of the funds and other property in accounts and in deposits or deposited in banks and other credit organizations (except where this federal law provides for the tracing of the debtor or its assets);
4) if the debtor lacks property or income, which may be levied, and the bailiff executing all legal measures to find his property or proceeds were unsuccessful;
5) if the plaintiff refused to reserve the property of the debtor, not sold in the performance of Executive documents;
6) if the plaintiff by his actions (inaction) inhibits Executive document.
In case of uncollectibility on grounds specified in subparagraphs 3-6 of this paragraph, the bailiff is appropriate about this Act, which shall be approved by the senior bailiff.
Return to the recoverer Executive document did not constitute an obstacle for the new presentation of the document to be executed within the time limit, calculated in accordance with article 14 hereof.
In case of return of Executive documents on grounds specified in sub-paragraphs 1 and 5 of this paragraph to the recoverer fully refundable advance payment provided for in article 83 of the Federal law.
In case of return of Executive documents on grounds specified in subparagraphs 3 and 4 of this paragraph, the advance payment is returned to the recoverer only the portion exceeding made bailiff costs Executive legal actions.
2. Full executive document returned to a court or other authority which issued the document.
3. On the return of Executive documents and returning it to the recoverer of advance payment a bailiff executing verdict that claims senior bailiff. The ruling can be appealed to the appropriate court in 10 days.
Article 27. The end of Executive proceedings 1. Executive production ends: 1) actual performance of Executive documents;
2) return Executive document without execution on request of a court or other authority that issued the document or plaintiff;
3) return Executive document on grounds specified in article 26 of this federal law;
4) direction of Executive documents in Organization for a one-time or periodic deductions from earnings (income) of the debtor;
5) direction of Executive documents from one service bailiffs or one unit to another;
6) termination of Executive production.
2. order the bailiff of the Executive Director on the completion of the enforcement proceedings may be appealed to the appropriate court in 10 days.
Article 28. Tracing a debtor, his assets, or tracing the child 1. In the absence of information about the location of the debtor of the Executive instruments for the recovery of maintenance, reparation of damage caused to health or damages to persons who have suffered damage as a result of the death of the breadwinner, as well as on the Executive for the removal of the child documents, bailiff, on its own initiative or on the application of the plaintiff shall order the debtor tracing, which is approved by the senior bailiff.
In this case, the bailiff shall rule on the wanted list of the debtor's property or wanted the child.
Tracing of the place of performance shall be declared by the Executive instrument or last known place of residence (location) of the debtor or the location of his property, as well as the place of residence (location) of the plaintiff.
Tracing a debtor-citizen and wanted the child are carried out by the internal affairs agencies.
Debtor tracing, as well as the property of the debtor (citizen or organization) is carried out by bailiffs.

Costs for the tracing of the debtor, his property and the search for the child is recovered from the debtor as bailiff shall issue an order, which is approved by the senior bailiff. Costs for the tracing of the debtor or the search for the child are determined by the statement of the internal affairs body, tracing a debtor's assets on the basis of the calculation of costs produced by the relevant bailiff service.
2. For other types of Executive documents bailiff has the right to declare a debtor tracing or its property with the consent of the plaintiff to bear the burden of the costs of search and advance these costs in accordance with article 83 of the Federal law.
In this case, the plaintiff may justiciability of the right to request reimbursement for the tracing.
3. the Executive Officer of Justice Ruling on refusal in tracing a debtor or his property and to recover the cost of search may be appealed to the appropriate court in 10 days.
CHAPTER II. Individuals involved in ENFORCEMENT PROCEEDINGS Article 29. The Executive production of 1. Parties of the Executive production are the plaintiff and the debtor.
2. Debt-Collector are citizen or organization, in favour or on whose behalf it was issued by Executive document.
3. The debtor are citizen or organization responsible for the Executive document to commit certain acts (transfer of funds or other property, to fulfill other obligations or prohibitions stipulated by executive instrument) or to refrain from doing any act.
4. In the enforcement proceedings may participate several vzyskatelej or debtors. Each of them in relation to the other side is involved in enforcement proceedings independently or may designate participation in the Executive production of one of the partners.
Article 30. The participation of minors in the Executive production of 1. Citizens when they reach 18 years of age may exercise their rights and duties in the enforcement proceedings directly or through representatives.
A minor who has reached the age of 16 years may independently exercise their rights and duties in the enforcement proceedings in case of declaring its full dispositive capacity (emancipation).
2. The rights of minors are conducted in Executive production lawful representatives of their parents, adoptive parents, guardians or trustees.
3. In cases stipulated by the Federal law, in the exercise of Executive documents issued on the basis of judicial acts and acts of other bodies on matters arising out of civil, family, labour, administrative legal relations and from transactions related to the received income (revenue), minors may independently exercise their rights and duties in the enforcement proceedings.
Article 31. The rights and obligations of the parties 1. When placing an executive action shall have the right to get acquainted with the materials of the Executive proceedings, make them statements removed from copies to submit additional materials, submit petitions, to participate in the Commission of executive action, give oral and written explanations in the course of execution, state their arguments and observations on any matter arising in the course of enforcement proceedings, oppose the motions, arguments and considerations of others involved in enforcement proceedings claim offsets, to appeal against the actions (inaction) of the bailiff.
2. When placing an executive action required to fulfill the requirements of the legislation of the Russian Federation on enforcement proceedings.
Article 32. Succession in enforcement proceedings in the case of the retirement of one of the parties (the death of a citizen, the reorganization of a legal entity, an assignment of a claim, transfer of debt) bailiff is obliged by its regulation to replace this by her successor, as determined in the manner prescribed by federal law. The successor to all acts committed before its entry into enforcement proceedings are obligatory to the extent they would be binding for the parties, which was replaced by a successor.
Article 33. Participation in the Executive production of the representatives of the parties 1. Citizens can participate in enforcement proceedings, directly or through representatives. The personal involvement of the citizen in the enforcement proceeding does not deprive it of its right to have a representative. If the Executive document to the debtor responsible, which he can execute only in person, when they are performed by the debtor is not entitled to act through a representative.
2. participating organizations in the enforcement proceedings by their bodies or officials acting within the powers granted to them by laws, other normative legal acts, or the constituent documents or through representatives of the authorities and officials.
Persons representing the Organization, must have the documents confirming their position and authority.

Article 34. Registration of the credentials of the representatives of the powers of the representative must be confirmed by a power of Attorney issued and executed in accordance with the Federal law.
Article 35. The powers of the representative 1. Representatives participating in enforcement proceedings, has the right to conduct, on behalf of the represented all of the actions associated with the Executive production.
2. The power of Attorney issued by the submitted must be specifically spelled out the powers of the representative to the Commission of the following: 1) presentation and review executive documents;
2) transfer of responsibilities to another person (such);
3) appeal the actions of the bailiff of the Executive Director;
4) awarded property (including money).
Article 36. Persons who may not be representatives 1. Representatives in the enforcement proceedings may not be persons who have not attained the age of 18 years or under guardianship or trusteeship.
2. the judges, investigators, prosecutors, bailiffs and the Court may not be representatives in Executive production.
This rule does not apply to cases where such persons are involved in enforcement proceedings as authorized by relevant courts, prosecutors ' offices, or as legal representatives.
Article 37. Legal representatives 1. The rights and legally protected interests of disabled citizens and citizens limited in dispositive capacity in enforcement proceedings to protect their legal representatives-parents, adoptive parents, tutors or guardians, which are documents certifying their powers.
Legal representatives commit on behalf of represented all of the actions, the right to which belongs submitted to restrictions provided for by law.
2. On executive matters, which should be involved citizen, recognized in the prescribed manner an untraceable, as his representative shall serve the person who transferred the management of the property of a missing and designated representatives, in the manner prescribed by the civil legislation of the Russian Federation.
3. On Executive production, which should involve the heir of a deceased person in the prescribed manner, or is declared dead, if not yet adopted heritage, as the representative of the heir to the guardian stands for the protection and management of the estate.
4. Legal representatives may charge participation in enforcement proceedings to another person as a representative of their choice.
Article 38. Participation in the Executive production of translator 1. When carrying out executive action the parties may invite an interpreter. An interpreter can be any citizen who has reached the age of 18 years who is fluent in the languages needed for translation.
2. a person who requires the services of an interpreter shall be provided for the duration of his invitations. If the person does not ensure the participation of an interpreter installed a bailiff-the Executive term translator can be appointed by a decree of the bailiff.
3. Translator shall be entitled to remuneration for work performed. Paid him remuneration refers to the cost of legal actions.
4. In the case of a deliberately wrong interpretation, the interpreter is responsible, established federal law, as he warned a court bailiff.
Article 39. The participation of witnesses in the Executive production of 1. The presence of witnesses is obligatory when carrying out enforcement actions related to opening and storage space occupied by the debtor or other persons, either belonging to the debtor or to other persons, inspection, arrest, seizure and transfer of property of the debtor.
2. In other cases, witnesses are called at the discretion of the bailiff.
3. As witnesses may be invited by any capable citizens who have reached the age of 18 years are not interested in committing the executive action and not among themselves or with the parties to the Executive related production, authority or control. The number of witnesses cannot be less than two.
Article 40. The rights and obligations of witnesses 1. Understood must certify your signature in the appropriate executive actions of the fact the content and results of the executive action, of which he attended. Conceived has the right to know for any executive actions he was invited, on the basis of what the Executive instrument they are committed, as well as to make comments on the action. Observations are to be included in the corresponding act of the executive actions. Optional included these comments can be entered for them personally. Before execution, involving witnesses, bailiff explain to them their rights and duties.
2. Witnesses entitled to reimbursement of expenses incurred in connection with the performance of the duties of witnesses. These costs refer to the costs of legal actions.

Article 41. The participation of specialists in the Executive production of 1. To explain the arising when carrying out execution issues that require special knowledge, bailiff, either on his own initiative or at the request of the parties may, by Decree, appoint a specialist and, if necessary, several specialists.
2. As a specialist can be assigned to a person having the necessary knowledge. Expert gives an opinion in writing.
3. the expert shall present himself when summoned by the bailiff to give an unbiased opinion on the issues raised, give explanations regarding his actions. Specialist has the right to remuneration for work carried out in connection with executive action. This remuneration applies to expenditure on legal actions.
4. For refusal or evasion from giving opinions obviously falsified findings or expert shall bear responsibility stipulated by the Federal law, which he warned a court bailiff.
Article 42. Interaction between bailiffs and the performer's militia enforcers within the powers granted to them by the Federal rights law assist bailiffs in executing their duties in cases where bailiffs prevented from executing committing actions or danger to their life or health.
Article 43. Offsets in the Executive production of 1. Bailiff, translators and specialists may not participate in enforcement proceedings and subject to withdrawal if they are relatives of the parties, their representatives, or others involved in enforcement proceedings, or are interested in the outcome of the enforcement proceedings, or there are other circumstances giving doubts about their impartiality.
2. If there are grounds for disqualification of a person which is subject to disqualification, shall declare his rejection. On the same grounds specified person withdrawal may be debt-collector or debtor. The withdrawal must be motivated, set out in writing and announced before the commencement of execution, except in cases where there are grounds for disqualification became known after the commencement of the execution.
3. the question of disqualification of a bailiff Executive allowed senior bailiff.
The question of disqualification of a translator or expert solves a bailiff.
4. Based on the results of consideration of the question of disqualification of a translator or bailiff shall issue a reasoned decision, which is approved by the senior bailiff.
5. If the application for disqualification of the bailiff-Executive Director Executive document, executable, they passed the senior bailiff another bailiff executing either went to other units or bailiff service.
6. Refusal of disqualification of a bailiff-the Executive Director may be appealed to the appropriate court in 10 days.
CHAPTER III. The BASIS of the APPLICATION of MEASURES of ENFORCEMENT of Article 44. The basis of the application of measures of enforcement of the basis of the application of measures of enforcement are: 1) presentation in accordance with established federal law enforcement document valid;
2) adoption of a bailiff executing the decision to Institute enforcement proceedings;
3) expiry set bailiff Executive Director for voluntary execution.
Article 45. Compulsory execution measures of enforcement Measures are: 1) foreclosure on property of the debtor by seizure of property and its implementation;
2) foreclosure on wages, pensions, stipends and other types of income of the debtor;
3) enforced collection of cash and other property of the debtor held by others;
4) exemption from the debtor and transfer to the recoverer of certain items listed in Executive document;
5) other measures taken in accordance with this federal law and other federal laws that ensure compliance of Executive documents.
CHAPTER IV. FORECLOSURE on PROPERTY of the DEBTOR, article 46. The order of execution is levied on money and other property of the debtor 1. Foreclosure on property of the debtor consists of his arrest (inventory), seizures and enforcement.
2. Enforce Executive documents drawn primarily on the debtor's funds in rubles and foreign currency and other valuables, including those of banks and other credit organizations.
Cash, found from the debtor, are withdrawn.
3. subject to the availability of information about the debtor's available cash and other valuables, the accounts and in deposits or deposited in banks and other credit organizations, the arrest is effected.

If information about the presence or lack of the debtor organization accounts and deposits in banks and other credit institutions are not available, bailiff requests specified information from the tax authorities.
Tax authorities are obliged within three days to submit a bailiff executing the necessary information.
The same information in the manner determined by the Ministry of Finance of the Russian Federation, may be presented to the recoverer on his application if he writ with neistekshim prescription. (As amended by the Federal law dated 06/29/2004 N 58-FZ)
4. In the absence of the debtor money in roubles, sufficient to meet the demands of the plaintiff, exaction of funds of the debtor in a foreign currency.
5. In the absence of the debtor has sufficient funds to meet the demands of the plaintiff, exaction on other property belonging to the debtor asset except for which under federal law cannot be levied.
The debtor has the right to specify the types of property or items on which to foreclose in the first place. Finally the sequence of foreclosure on money and other property of the debtor is determined by a court bailiff.
6. To foreclose on the debtor's property, including cash and other valuables are in cash or on accounts and in deposits or deposited in banks and other credit organizations, drawn in terms of size and scope that is necessary for the performance of the Executive instrument, taking into account penalties and costs of collection of performing legal actions.
In the case where the debtor has property belonging to him in the right of common ownership, exaction for his share, determined in accordance with the Federal law.
Article 46-1. Especially the levying of execution on the money of a professional participant of securities market and its clients 1. Foreclosure for debts of professional participant of securities market to cash his clients that reside on a separate banking account (s) opened a professional securities market participant in the credit institution in accordance with the Federal law "on securities market" (hereinafter referred to as the special account) is not allowed.
2. When the foreclosure of the property of the debtor-client professional participant of securities market for client funds of the debtor located in a special account, the arrest is effected. On the basis of the decision of the bailiff of the Executive Director on the seizure of a professional participant of the securities market shall immediately suspend operations with funds of the client-debtor located in a special account, the amount of which is required for the execution of the Executive document.
Bailiff has the right to ask the professional participant of securities market information on special account funds of a client-debtor in the amount that is required for the execution of the Executive document.
Professional participant of the securities market within three days of receipt of the request shall provide the bailiff executing the necessary information.
Foreclosure on client funds of the debtor located in the special account shall be as provided for in article 48 of this federal law.
(Article supplemented by federal law from 05.03.2004 N 11-FZ) Article 47. Order foreclosure on the debtor's funds in foreign currencies in calculating debt in rubles 1. Found and seized from debtor funds in foreign currency bailiff not later than the next day following the day of seizure leases for sale in a bank or other credit institution, which shall have the right of sale of foreign currency on the internal currency market of the Russian Federation.
2. At the time of arrest of the debtor's funds in foreign currency accounts and in deposits or deposited in a bank or other credit institution, which shall have the right of sale of foreign currency on the internal currency market of the Russian Federation, bailiff, by its regulation obliges these bank or other credit institution to sell foreign currency at the rate specified in paragraph 6 of article 46 of this federal law.
If these funds are on accounts and in deposits or deposited in a bank or other credit institution, which does not enjoy the right to sell foreign currency on the internal currency market of the Russian Federation, the bailiff obliges them to transfer money of the debtor in foreign currency to the Bank or other credit institution who enjoyed that right.
3. Bank or other credit institution provided for in this article perform the bailiff ruling Executive within seven days from the date of their receipt.

4. cash in rubles, received from the sale of foreign currency, are distributed in the manner provided for in paragraph 2 of article 57 hereof. If debt-collector is a citizen who wished to personally get an executive document amount, it is transferred to deposit account OU bailiffs.
5. copies of the orders of the Executive Officer of Justice in the cases provided for in this article shall be communicated to the parties.
6. usher-Executive Director, provided for in this article may be appealed to the appropriate court in 10 days.
Article 48. Foreclosure on property of the debtor in the possession of others foreclosure on property of the debtor in the possession of others, is made by the Court in the presence of witnesses.
Article 49. Levy of execution on the pledged property 1. On the mortgaged property can be seized if the debtor has insufficient assets to meet claims against him, not secured by collateral, with compliance with civil rights laws of the Russian Federation, the mortgagee, and the rules contained in chapter V of the present Federal law.
2. The pledgee, left behind a mortgaged property, is obliged to satisfy the claims of creditors, enjoying an advantage over his demand, the value of the pledged property in an amount not exceeding the value of this property.
Article 50. Property that cannot be levied in the performance of Executive documents on citizens may not be levied on the property, listed assets of citizens on which cannot be levied under Executive documents.
Article 51. Seizure of property of the debtor 1. Arrest on debtor property is imposed not later than one month from the date of delivery to the debtor the decision to Institute enforcement proceedings and, where necessary, in conjunction with its awarding.
2. Seizure of property of the debtor consists of distraint, the announcement of the ban to dispose of it, and, if necessary, limitations on the right to use the property, its removal or transfer to storage. The types, quantities and timing restrictions are determined by the bailiff-performer in each specific case, taking into account the Properties property, the significance of it for the owner or the owner, commercial, domestic or other use and other factors.
3. Violation of the prohibition of the bailiff of the Executive Director to dispose of or to observe the restrictions on the right to use the assets of the debtor, seized, shall entail liability under federal law.
4. arrest is applied: 1) in order to ensure the preservation of the debtor's property that is subject to the subsequent transfer of the recoverer or for further realization;
2) in the exercise of their judicial act of confiscation of the property of the debtor;
3) in the exercise of the Court's determination on the seizure of property belonging to the defendant and he or others.
5. Seized assets with passing it to further implement is made within the period prescribed by the bailiff, at the expiration of five days after the seizure.
6. If the particular circumstances of the bailiff when carrying out enforcement actions may simultaneously with the arrest of property remove all or individual items.
Things and other property are perishable and passed to implement immediately.
7. cash in rubles and foreign currency, precious metals and gems, jewelry and other items made of gold, silver, Platinum and platinum group metals, precious stones and pearls, as well as scrap and parts of such articles found in garnishment seized are subject to compulsory seizure.
8. the arrest of securities shall be imposed in accordance with the procedure determined by the Government of the Russian Federation.
Article 52. Valuation of property of the debtor 1. Valuation of property of the debtor is made by bailiff Executive Director at market prices prevailing on the day of execution the Executive instrument, except where the assessment is made on the regulated prices.
2. If the assessment of individual items is difficult or debtor or plaintiff objected to the originating court bailiff Executive assessment, bailiff to determine the value of the property shall appoint an expert.
3. a party challenging an assessment of property, made by a bailiff shall bear the expenses for the appointment of a specialist.
Article 53. Storage 1. The debtor's property is transferred to the painting in storage under the Act of seizure of property of the debtor or other persons appointed bailiff Executive Director (hereinafter referred to as the keeper). The custodian may use the property if the property on the properties it does not lead to destruction of property or reduce its value.

2. If the Guardian is not the debtor or his/her family member (debtor-organization-its employee) receives for possession of appropriate remuneration. The custodian also reimbursed the necessary expenses incurred for storing assets actually received benefits from the use of this property.
3. the procedure and conditions for the storage of seized and forfeited property shall be determined by the Government of the Russian Federation.
4. In cases of embezzlement, alienation, concealment or illicit transfer of deposited property of the debtor, except keeper liability for damages is subject to criminal liability in accordance with the Federal law.
Article 54. Seized property 1. Seized property except for property seized by the law of trafficking, regardless of the grounds of arrest and types of property is carried out by its sale within two months following the day of seizure, unless otherwise stipulated in the Federal law.
2. sale of property of the debtor, with the exception of immovable property is carried out by the specialized organization on fees and other contract stipulated by the Federal law.
3. sale of immovable property of the debtor is carried out through bidding by the specialized organizations that are entitled to carry out transactions with real estate, in the manner prescribed by the legislation of the Russian Federation.
4. If the property is not implemented within two months, the recoverer is granted the right to leave the property. In case of failure of the plaintiff from the property it is returned to the debtor, and the Executive document-recoverer.
Article 55. Design characteristics of Executive documents across multiple Executive productions 1. In cases where the unit in respect of the same debtor initiated multiple Executive productions, they are combined into a consolidated enforcement proceedings and on the property of the debtor within the total amount of penalties, performing data collection and the estimated cost of legal actions seizure, allowing to fulfill Executive document regardless of the arrests of the debtor's property, incurred in securing another claim (claims).
In fulfilling the requirements prescribed by article 78 of the present Federal law establishes unified executive document presentation time to the execution of the sequence satisfy the requirements of vzyskatelej of each queue.
2. If the Executive production in respect of the same debtor filed several bailiffs service units in constituent entities of the Russian Federation, the requirements of this article provides and supervises the Chief bailiff in constituent entities of the Russian Federation.
3. If the Executive production in respect of the same debtor filed bailiff services units of different subjects of the Russian Federation, the requirements of this article provides and supervises the Chief Bailiff of the Russian Federation.
4. support and control Functions under paragraphs 2 and 3 of the present article, may be assigned, respectively the Chief Bailiff of the Russian Federation on the Chief usher in constituent entities of the Russian Federation, Chief bailiff in constituent entities of the Russian Federation on the subordinate units.
5. in order to implement the provisions of this article the Chief Bailiff of the Russian Federation and Chief bailiffs of constituent entities of the Russian Federation create corresponding data banks on the institution Executive production in units.
Article 56. Transfer to the recoverer items described in Executive document for awarding the recoverer items described in the Executive document bailiff removes these items from the debtor and passes them to the recoverer, constituting an act of transfer. In case of failure of the plaintiff from the said items they were returning to the debtor, and executive production stops.
Chapter v. PECULIARITIES of FORECLOSING on PROPERTY of the DEBTOR organization.
The ARREST and sale of PROPERTY of the DEBTOR organization Article 57. Foreclosure on money of the debtor organization 1. Cash in rubles and foreign currency stored in the vaults of the cashier of the debtor organization and being in an isolated room of the cashier's Office or other premises of a debtor, shall be seized immediately upon their detection.
2. Seized cash in rubles on the same day in the Bank for the account of the plaintiff in the amount of debt, to enroll in the federal budget in the amount of performance data collection, and the remaining funds intended to cover the costs of legal actions, are made to the deposit account OU. (As amended by federal law from 22/08/2004, no. 122-FZ)
3. the bailiff takes measures for seizure of funds of the debtor organization located on accounts and in deposits or deposited in banks and other credit institutions referred to in article 46 of this federal law.

Article 58. Foreclosure on other property of the debtor organization in the absence of the debtor organization funds sufficient to pay off the debt, exaction on other property, belonging to him on the right of ownership, right of economic conducting or the right of operative Administration (except for property seized from the turnover, and assets which, in accordance with the Federal law may not be levied), regardless of where and in whose actual use it is. (As amended by federal law from 03.11.2006 N 175-FZ) on this property seizure or other executive actions are performed in the order stipulated by this federal law.
Article 59. The order of seizure of property of the debtor organization and its implementation and realization of the Arrest of property of the debtor organization are carried out in the following order: 1) first-property not directly involved in the production of (securities cash on deposit and other accounts of the debtor, currency values, cars, offices and other design objects);
2) secondarily-finished products (goods), as well as other valuables, not directly involved in production and are not intended for direct participation;
3) in the third priority of objects of immovable property, as well as raw materials, machinery, equipment and other fixed assets intended for direct participation in the production process.
Article 60. Enforcement measures enforcement document when seeking foreclosure on the property of the debtor organization 1. In the case of arrest bailiff belonging to the debtor by the Executive Organization property release 3 it within three days after the arrest in the federal tax service sends a notice of discharge of the arrest of the debtor's property, an organization with the application information on the composition and value of the property seized, as well as the amount of claims plaintiff. (As amended by the Federal law dated 06/29/2004 N 58-FZ) copy of the specified notification is sent to the tax authority, monitors the implementation of the debtor organization of payments in the budgets of all levels and State off-budget funds.
2. On the proposal of the federal tax service bailiff at the expense of funding for bailiff service, publishes in print a message on the foreclosure of the property of the debtor organization. (As amended by the Federal law dated 06/29/2004 N 58-FZ)
3. upon receipt of a notice of federal tax service on the implementation of action to initiate arbitration proceedings concerning the debtor's insolvency (bankruptcy) of the Organization, the bailiff is drawn in accordance with the procedural legislation of the Russian Federation made a statement on reprieve Executive document prior to the initiation of the Arbitration Court of insolvency (bankruptcy) of the debtor. (As amended by the Federal law dated 06/29/2004 N 58-FZ)
4. In the case of the Arbitration Court of insolvency (bankruptcy) of the debtor Organization Executive production and sale of the property on which it is levied, shall be suspended pending the consideration by the Court of arbitration of the matter on the merits.
Article 61. The order of foreclosure in the reorganization and liquidation of the debtor organization 1. In case of reorganization (merger, accession, Division, separation, transformation) of the debtor organization enforce Executive documents is drawn to money and other property of the Organization in accordance with the legislation of the Russian Federation with responsibility for obligations of the debtor organization.
2. In case of liquidation of the debtor Organization Executive documents held by the Executive, the bailiff passed the liquidation Commission (liquidator) for execution.
On the direction of the Executive instrument of the liquidating Commission (liquidator) the bailiff informs the recoverer.
Article 62. Preparation of bidding bailiff Executive Director 1. Real estate auction are organized and conducted by the specialized organizations that are entitled to carry out transactions with real estate, with whom respective contracts.
2. Specialized organizations to carry out trades on the request of the Executive Officer of Justice indicating a minimum initial price property exposed on auction.
3. The application shall be accompanied by: 1) a copy of the Executive instrument;
2 a copy of the seizure), compiled a bailiff-Executive Director;
3) documents describing the object of the real estate;
4) copies of documents confirming the right to a land plot, in case of sale of detached buildings. (As amended by federal law from 26.06.2007 N 118-FZ)
4. When selling rights of a long-term lease of the bailiff in addition to specified in paragraph 3 of this article has made instruments: 1) a copy of the lease;
2) a copy of the certificate of registration of the lease;

3) a copy of the document confirming the consent of the lessor on the enforcement of the right of a long-term lease, or the document from which you want the ability to transfer long term lease without the consent of the lessor, if the right to lease the lessee has been received as a result of trades.
5. When selling the rights to the object of incomplete construction of the bailiff in addition to specified in paragraph 3 of this article has made instruments: 1) a copy of the decision on the challenge of the land plot;
2) a copy of the permission of the State authority and (or) local authority for construction.
Article 63. The terms and the procedure of bidding 1. Bidding should be held within two months from the date of receipt of the relevant application specialized agency bailiff.
2. the procedure for bidding shall be determined by the Civil Code of the Russian Federation.
CHAPTER VI. ATTACHMENT on WAGES or other INCOME of the DEBTOR, article 64. Foreclosure on salary and other types of income to foreclose on the debtor's wages or other income of the debtor is drawn in the execution of decisions on collecting recurring payments, recovery of amounts not exceeding two times the minimum wage, in the absence of the debtor's assets or have insufficient assets to full repayment of recoverable amounts.
Article 65. Calculation of the size of the deductions from salary and other types of income of a debtor Size deductions from wages or other income of the debtor shall be calculated from the amount remaining after the deduction of taxes.
Article 66. The size of the deductions from salary and other types of income of the debtor 1. In the performance of Executive documents with the debtor can be charged no more than 50 per cent of wages and equivalent to her payments and handouts until full repayment of recoverable amounts.
2. Holding of wages and equivalent to her payments and handouts on several executive documents per employee 50 per cent should be retained earnings.
3. Size limits deductions from wages and equivalent to her payments and handouts, set 1 and 2 paragraphs of this article shall not apply to the recovery of maintenance for minor children, compensation for harm caused to health, compensation for persons who have suffered damage as a result of the death of the breadwinner, and compensation for damage caused by the offence.
In these cases, deductions from wages and similar payments and handouts it cannot exceed 70 percent.
4. The rules established by this article shall also apply when seeking foreclosure on outstanding debtor scholarships, pensions, pay for use of the author's copyright, the right to discovery, invention, issued certificates of authorship, as well as for rationalization proposal and the industrial design to which the issued certificate.
Article 67. Foreclosure on the earnings of the debtor being 1. (C) sentenced to punitive deduction of earnings recovery for Executive documents must be total earnings excluding deductions made by sentence or order of a court.
2. With convicts serving sentences in correctional colonies settlement colonies, prisons, institutions for young offenders, as well as persons in substance abuse mental health offices, clinics and residential treatment facilities, collection is made from the total earnings excluding the reimbursement on their contents in these institutions.
Article 68. Enforcement of social security benefits To social insurance benefits (with temporary invalidity, pregnancy and childbirth, caring for a child during the period of partially paid leave and others) as well as collecting unemployment benefits is made only by a court decision, a judicial order for alimony or a notary udostoverennomu alimony paying agreement or court decision on compensation for harm caused to health and compensation for persons who have suffered damage as a result of the death of the breadwinner.
Article 69. Types of income that are not subject to seizure to seizure may not be drawn to the cash amount paid: 1) in reparation for the injury caused to health, as well as redress for individuals who have suffered damage as a result of the death of the breadwinner;
2) persons injured (injuries, trauma, contusion) in the performance of their duties, and members of their families in case of death (death) of the above-mentioned persons;
3) in connection with the birth of the child; mothers with many children; single father or mother; under-age children during investigation of their parents; pensioners and disabled persons in Group I to care for them; injured on extra food, spa treatment, prosthetics and care costs in case of personal injury; on maintenance obligations;
4) for work in hazardous conditions or in extreme situations, as well as citizens who have been exposed to radiation due to disasters or accidents at nuclear power plants, and in other cases established by the legislation of the Russian Federation;
5) Organization in connection with the birth of a child, death of relatives, marriage registration,

as well as the severance payment payable to the employee's dismissal.
Article 70. The procedure for the recovery of maintenance arrears of maintenance obligations and the procedure for the recovery of maintenance arrears and on maintenance obligations is determined by the family code of the Russian Federation.
Article 71. Alimony exaction upon departure of the debtor in a foreign State for permanent residence, work or for military service in armed forces of the Russian Federation, other troops and military formations Order recovery of maintenance from the debtor when leaving it to a foreign State for permanent residence is determined by the family code of the Russian Federation. In the same manner from the debtor of alimony is exacted when leaving it to a foreign State to work or for military service in 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 activity or acquired through criminal means, as well as fines 1. The Court ordered the confiscation of property derived from criminal activity or acquired through criminal means, after the entry into force of this decision sends the bailiff-performer at the location of the property, a copy of the writ of seizure of property, and a copy of the judgement for execution, as relevant fiscal authority notify.
2. The confiscation of property of the convicted person shall be included in the inventory. Disputes concerning the ownership of property subject to confiscation, shall be resolved in civil proceedings.
3. the bailiff immediately on receipt of the judicial act of confiscation of property derived from criminal activity or acquired through criminal means, copies of records and a copy of the judgement of the Court checks whether the property that is specified in the inventory. The described items, money and other valuables shall be deposited, and optionally sealed and sealed, as is marked in the inventory. Bailiff takes necessary measures to maintain the property specified in the inventory. Inventory of property, made by a bailiff, is approved by a judge.
4. the procedure for the transfer of the convicted person's financial authorities confiscated property shall be established by the Government of the Russian Federation. Transfer of financial authorities confiscated the property of a convicted person is made after the meet, in accordance with the legislation of the Russian Federation of all charges against a convicted person specifying requirements. In respect of claims, subject to the satisfaction of the confiscated property of the convicted person's expense, the State responsible within asset.
5. In the case of malicious evasion fine assigned as an additional punishment, penalty fine is made in the manner prescribed by this federal law. (Art. 72 as amended by the Federal law dated 08.12.2003. N 161-FZ), chap. VII. COMPLIANCE EXECUTIVE DOCUMENTS on DISPUTES of NON-PROPERTY NATURE Article 73. General conditions of the execution of the Executive documents requiring the debtor to commit certain actions or to abstain from doing any Act 1. After initiation of enforcement proceedings by Executive document, binding the debtor to commit certain actions or to abstain from doing any act, bailiff in accordance with article 9 of the present Federal Act establishes the debtor period for their voluntary execution.
2. Executive document reinstatement of illegally dismissed or transferred employee shall be executed immediately. Executive document execution is considered complete since the de facto admission of a specific employee to follow up previous responsibilities following the publication of the order of the Administration about the cancellation of his illegal order of dismissal or transfer.
3. In the event of failure to comply with the requirements provided for in paragraphs 1 and 2 of this article without a valid reason bailiff applies to a debtor the penalties and other measures provided for in article 85 of this federal law, and sets a new deadline for implementation of Executive documents. If execution debtor involvement Executive document optional bailiff organizes execution in accordance with the rights granted to him by this federal law, debtor collection triple the size of the costs of legal actions.
4. In the event of the incapacity of the Executive document bailiff shall order the return of Executive documents to a court or other authority, its issuing, which is approved by the senior bailiff.
The ruling may be appealed to the appropriate court in 10 days.
Article 74. Consequences of failure to comply with the Executive instrument for reinstatement

In the event of default by the debtor of the Executive instrument for reinstatement of illegally dismissed or transferred employee bailiff in addition to the measures provided for in article 85 of this federal law, appeals to the Court a statement approved by the senior bailiff, imposing in the manner prescribed by the civil procedure legislation of the Russian Federation, determination of the payment the employee average earnings for the period of forced absenteeism or the difference in earnings for all time from the date of issuance of the decision on the reinstatement of an employee on the day of execution the Executive document.
Article 75. Compliance Executive document to evict the debtor 1. In the case of non-compliance within the prescribed time the Executive term bailiff Executive document to evict a debtor eviction is carried out by a bailiff-performer is enforced.
2. the bailiff is officially notifies the debtor about the day and time of forced eviction. The absence of the debtor, has on the day of the eviction is not an obstacle to the performance of Executive documents.
3. Checkout consists of the liberation of the premises specified in the Executive document from vyseljaemogo (evicted), its (their) property, pets and ban vyseljaemomu (evicted) use freed premises.
4. Eviction occur in the presence of witnesses, where necessary, with the assistance of the internal affairs bodies with compulsory distrainment produced by a bailiff.
5. the bailiff where necessary, arrange for the custody of property of the debtor with the responsible for the costs incurred.
Possession of the debtor's property shall be carried out in a period not exceeding three years, after which the specified property is implemented in accordance with the procedure established for implementation by property.
Funds from the sale of the debtor's property shall be made in the federal budget.
6. execution of Executive documents to evict a debtor issued a bailiff executing eviction Act.
Article 76. Pursuant to the Executive instrument of settling plaintiff 1. In case of failure of the plaintiff to entice Executive document within the period prescribed by the court bailiff Executive Director for voluntary execution, installation is carried out by a bailiff. Accommodation consists of ensuring the bailiff executing unimpeded entrance plaintiff in specified in the Executive room and document his residence (stay) in it. If the debtor makes it clear that produced the forced occupation and it must not hinder the recoverer obstacles in residence (stay).
2. In the case of obstruction by the debtor to the execution of the Executive instrument of settling plaintiff executive actions are carried out with the participation of witnesses, and, if necessary, the internal affairs agencies. Preventing further residence (stay) plaintiff again produced these steps and apply penalties and other measures provided for in article 85 of this federal law.
3. execution of the Executive instrument of settling plaintiff issued bailiff Executive Act on arrival.
4. Managing document is considered executed when the recoverer possible to easily use daily to the relevant location.
5. Execution proceeding on executed instrument may be renewed, if after making the Act of settling plaintiff debtor again lets residence (stay) plaintiff.
In the case of obstruction residence (stay) plaintiff person according to Executive document non-debtor, enforcement proceedings may not be reopened. The question of settling this case settled in court.
CHAPTER VIII. The DISTRIBUTION of the SUMS RECOVERED and the SEQUENCE SATISFY the REQUIREMENTS of PLAINTIFF Article 77. Distribution of the amount of money recovered 1. Of a monetary sum (including received through the implementation of property of the debtor), recovered a bailiff-performer with the debtor paid administrative fee, repaid fines levied on the debtor in the performance of Executive documents, shall be reimbursed the costs of legal actions. The remaining amount of money is used to meet the demands of the plaintiff.
2. The amount remaining after satisfaction of all requirements of the plaintiff, be returned to the debtor.
Article 78. The sequence satisfy the requirements of vzyskatelej 1. When recovered from the debtor of a sum of money to meet all the requirements for Executive documents that amount shall be distributed among the collectors in the order established by paragraph 2 of this article.
2. In the first place, claims for the recovery of maintenance, reparation of damage caused to health, as well as redress for persons who have suffered damage as a result of the death of the breadwinner.

Secondarily, claims of employees arising from labour relations; requirements members of production cooperatives, associated with their work within these organizations; requirements for payment provided to lawyers for legal assistance, payment of remuneration due to the author for the use of his works, as well as for use of discovery, invention, utility model or industrial design, which issued the corresponding certificate.
In the third priority, claims for deductions in the Pension Fund of the Russian Federation, the social insurance fund of the Russian Federation. (As amended by the Federal law dated 10.01.2003 N 8-FZ) in the fourth turn, claims payments in the budgets of all levels and State off-budget funds, deductions not included in release 3.
In the fifth priority met all other requirements in order of receipt of Executive documents.
3. the requirements of each priority shall be satisfied after the full repayment of the previous turn.
The amount of money available is insufficient to meet all the requirements of a single queue they are satisfied proportionally to the recoverer to the amount due to each.
CHAPTER IX. MAKING EXECUTIVE ACTION against foreign citizens, persons without citizenship and foreign organizations.
ENFORCEMENT of JUDICIAL ACTS and acts of OTHER BODIES of FOREIGN STATES in Article 79. Enforcement of judicial acts and acts of other bodies with regard to foreign citizens, persons without citizenship and foreign organizations in the performance of judicial acts and acts of other bodies with regard to foreign citizens, persons without citizenship and foreign organizations are subject to the provisions of this federal law.
Article 80. The execution of the judgments of foreign courts and arbitral tribunals 1. In the Russian Federation, the procedure for the execution of the judgments of foreign courts and arbitral tribunals shall be determined by relevant international treaties of the Russian Federation and the present Federal law.
2. a writ of execution issued by a Court of the Russian Federation on the basis of the decision of the foreign court may be brought for execution within three years from the date of entry into force of the decision into legal force.
CHAPTER X. ADMINISTRATIVE FEE. COSTS OF LEGAL ACTIONS.
RESPONSIBILITY for VIOLATION of LEGISLATION of the RUSSIAN FEDERATION on ENFORCEMENT PROCEEDINGS Article 81. Administrative fee 1. In case of Executive documents without good reason in the deadline for voluntary execution of the document, the bailiff shall issue an order whereby the debtor collected administrative fee in the amount of seven per cent of the amount payable, or the value of the property of the debtor. In case of Executive documents of non-property nature administrative fee collected from the debtor-citizen in the amount of five times the minimum wage, with debtors-organizations-50 times the minimum wage.
2. the decision on the recovery of performance collection is made when first entering the Executive document bailiff. The subsequent presentation of the assumed executive document bailiff performing Executive not subject to collection.
3. Administrative fee fully credited to the federal budget. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. In case of termination due to executive produce the abolition of judicial act or act of another body on the basis of which was issued by the Executive, as well as document, which by law is an executive instrument, the administrative fee is returned to the debtor.
5. Order of contribution to recover the performance collection is made simultaneously with the issuance of the decision to Institute enforcement proceedings or recovery of performing the collection may be specified in the decreeing of the commencement of enforcement proceedings.
Article 82. Costs of legal actions 1. Legal actions costs are spent on organization and conduct of the federal budget, as well as the means of the parties and other persons involved in enforcement proceedings. (As amended by federal law from 22/08/2004, no. 122-FZ)
2. Expenditure on legal actions include funds spent on: 1) transportation, storage and realization of assets of the debtor;
2) paid translators, witnesses, experts and other persons engaged in the prescribed manner to the legal actions;
3) translation (forward) by mail to the recoverer amounts recovered;
4) debtor tracing, tracing his property or child selected from the debtor to the Court;
5) other necessary executive acts committed in the performance of Executive documents.
Article 83. Advance costs debt-collector

1. In order to ensure that the Commission of the executive action the plaintiff is entitled to make an advance payment to escrow account sufficient units for the production of the relevant costs or part thereof.
2. In the case provided for in paragraph 2 of article 28 of this federal law, the plaintiff is obliged to fully advance the relevant expenses for the tracing of the debtor or his property.
3. At the conclusion of the executive actions of the advance payment is fully refundable to the recoverer. In cases of termination of enforcement proceedings due to the arbitrary denial of plaintiff from receiving the items seized from the debtor in the performance of Executive documents transferring the recoverer, and return to the recoverer Executive document, if it is your actions (inaction) let execution Executive document recoverer returned part of the down payment in excess of the costs of legal actions.
Article 84. The order of reimbursement of legal actions 1. Costs of legal actions recovered from the debtor and makes the deposit unit with subsequent reimbursement of the federal budget. (As amended by federal law from 22/08/2004, no. 122-FZ)
2. In the event of termination of the enforcement proceedings in view of the cancellation of an order on the basis of which was issued by Executive document, legal actions costs are at the expense of the federal budget.
3. In the cases provided by paragraph 3 of article 83 of the Federal law, the costs of legal actions recovered from the plaintiff.
4. Recovery of costs on account of their federal budget in cases stipulated by this federal law, as well as compensation to the authority or person who suffered, are manufactured in accordance with the relevant regulations of the Executive Officer of Justice, approved by the senior bailiff.
A copy of the decision shall be communicated to the parties within three days.
5. the decision may be appealed to the appropriate court in 10 days.
6. in case of refusal or evasion of a debtor from the reimbursement of his search or search his property, declared in accordance with paragraph 2 of article 28 of this federal law, the question of providing reimbursement of expenses to the recoverer is resolved judicially upon application by the plaintiff. In doing so, the plaintiff shall be exempt from payment of the State fee.
Article 85. Liability for nonperformance of Executive documents requiring the debtor to commit certain actions or to abstain from doing any Act 1. In the case of non-compliance without good reason Executive document binding the debtor to commit certain actions or to abstain from doing any act, within the term set by a court bailiff in accordance with article 73 of this federal law shall order the imposition of a fine on the debtor up to 200 times the minimum wage and assigns it a new term for execution.
2. For subsequent violations of the debtor without good reason new deadlines Executive document the amount of the fine is doubled each time.
3. Upon repeated failure without good reason Executive document bailiff makes submission to the relevant bodies on attraction to administrative or criminal liability provided for by the legislation of the Russian Federation, a citizen or official who, by virtue of their duties, must perform the Executive document.
4. the decision of the bailiff of the Executive Director on the fine alleged senior bailiff. It may be appealed to the appropriate court in 10 days.
Article 86. Liability for nonperformance of Executive documents by the Bank or other crediting organization 1. Failure to comply with the demands contained in the Executive document to recover funds from the debtor, the Bank or other crediting organization engaged in maintenance of accounts of a debtor, in the case of being an executive instrument in the presence of money resources on accounts of the debtor is the basis for the imposition of the Court referred to the Bank or other credit institution a fine of 50 percent of the amount to be recoverable.
2. the procedure for the imposition of a fine shall be determined by federal law.
Article 87. Responsibility for failure to comply with the legitimate demands of the bailiff and the violation of the legislation of Russian Federation on enforcement proceedings

1. For failure to comply with the citizens and officials of the legitimate demands of the bailiff and the violation of the legislation of Russian Federation on enforcement proceedings, as well as for loss of the Executive document or delayed its departure, the submission of incorrect information about income and property status of the debtor, as well as the failure of a debtor to the dismissal from work of the new place of work or residence responsible citizens and officials are subjected to a bailiff executing a fine of up to one hundred minimum wages and without a good reason for failure to appear when summoned by the bailiff of the Executive Director or to the place of execution-drive, as the corresponding decision is made.
2. order the bailiff executing alleged senior bailiff. It may be appealed to the appropriate court in 10 days.
3. If the actions of a citizen or an officer, wilfully disobey lawful demands high bailiff-artist or impeding their implementation or otherwise violating the legislation of Russian Federation on enforcement proceedings, signs of corpus delicti bailiff makes the idea of bringing the perpetrators to justice.
Article 88. The bailiff ruling Executive Director 1. If the bailiff-artist, taken when carrying out executive action (initiation of enforcement proceedings, collection of performance data collection, fines, etc.) affect the interests of the parties and other persons, the bailiff will make an appropriate decision.
2. the order must be specified: 1) date and place of the making of the order;
2) position, surname, name and patronymic of the bailiff executive decision-maker;
3) Executive production, on which the verdict;
4) question;
5) the grounds of the decision with reference to the laws and other regulatory legal acts, which guided the bailiff;
6) conclusion on the subject;
7) procedure and term of Appeal ruling.
Article 89. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), CHAP. XI. PROTECTION of the RIGHTS of the PLAINTIFF, the debtor and other PERSONS for COMMITTING the EXECUTION Article 90. Appeal against actions of the bailiff of the Executive Director 1. The actions of the bailiff in execution of the Executive Executive document issued by an arbitral tribunal, or refusal of such action, including denial of disqualification of the bailiff Executive Director, debt-collector or debtor may be lodged to the Court of arbitration at the location of the bailiff in 10 days from the date of Commission of the Act (refusal of committing actions).
In all other cases, the complaint of making executive action executing a court bailiff or refusal of such action, including denial of disqualification of the bailiff of the Executive Director, served in the Court of general jurisdiction at the location of the bailiff-Executive Director also in 10 days from the date of Commission of the Act (refusal of committing actions).
During this period, the person has not the time and place where the executive action (the refusal of committing actions), starts from the date when the person became aware.
2. Damage caused by a bailiff executing citizens and organizations shall be compensated in the manner prescribed by the civil legislation of the Russian Federation.
Article 91. Protection of the rights of the plaintiff in late production organization Executive document foreclosure the plaintiff may bring an action for the recovery of the Organization to be recoverable from the debtor the amount not withheld due to the fault of the organization.
In doing so, the plaintiff shall be exempt from payment of the State fee.
Article 92. Protection of rights of others when carrying out executive action in the event of a dispute, associated with the property is levied, concerned citizens and organizations have the right to apply to court with a lawsuit for release of property from seizure or exclude it from the inventory.
Article 93. Protection of the rights of organizations to the failure of the Executive instrument for reinstatement in the event of default the Executive instrument for reinstatement of illegally dismissed or transferred employee the damage caused by the organization paying the employee the sums specified in accordance with the civil legislation of the Russian Federation may become liable to pay to the Director or an employee of this organization responsible for the failure of the Executive of the document, in the manner prescribed by the civil procedure legislation of the Russian Federation.
CHAPTER XII. Final 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. invite the President of the Russian Federation, to entrust the Government of the Russian Federation and bodies of State power of the constituent entities of the Russian Federation to bring its normative acts in compliance with this federal law within two months from the day of its official publication.
2. To entrust the Government of the Russian Federation: within two months from the day of official publication of this federal law to prepare and introduce in the prescribed manner proposals for amendments and additions to legislation of the Russian Federation in connection with the adoption of this federal law;
adopt regulations to ensure the implementation of the provisions of this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin July 21, 1997 N 119-FZ