RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on 14 September 2007 Approved by the Federation Council on September 19, 2007 09.11.2009 N 249-FZ; of 07.02.2011 N 3-FZ; dated 18.07.2011 N 225-FZ; dated 08.03.2015 N 23-FZ) Article 1 Article 26 of the Federal Law "About banks and banking activity" (in Federal Law of 3 February 1996 (Vedomoka) of the Federal Law of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, art. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2001, N 33, est. 3424; 2003, N 27, sect. 2700; N 52, sect. 5033; 2004, N 27, sect. 2711; 2005, N 1, est. 45; 2007, No. 31, sect. 4011) The following changes: (1) Part Two, after the words "Customs authorities of the Russian Federation", add the words "and enforcement authorities of judicial acts, acts of other authorities and officials"; 2) Fourth after the word "courts", add the words "to the enforcement authorities of judicial acts, acts of other bodies and officials,". Article 2. href=" ?docbody= &prevDoc= 102117006&backlink=1 & &nd=102145133 "target="contents" title= " "> from 07.02.2011 N 3-FZ) Article 3 First sentence of Part Four of article 5 of the Law of the Russian Federation on notaries dated February 11, 1993 N 4462-I (Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 10, sect. 357; 2007, N 1, est. (21) Amend the text as follows: " The court, the procurator's office, the public prosecutor's office, the criminal, civil or administrative cases in which they have notarial actions are subject to the law of the court, as well as on the basis of the law, as well as on the basis of the law of the State. The requirements of the bailiers for the execution of executive documents in their production. ". Article 4 Article 4, paragraph 2, of part one Civil Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3301), amend to read: " 2. The satisfaction of the requirement of the mortgagee from the fixed movable property without recourse to the court is permitted, unless otherwise provided by the testator's agreement with the mortgagee. In the case of a pledge transferred to the holder, the recovery may be made in accordance with the order established by the bond contract, unless the law is otherwise established by law. ". Article 5 First sentence of article 551, paragraph 3, of Part Two OF THE PRESIDENT OF THE RUSSIAN FEDERATION (410) Amend the text as follows: " In the event that one of the parties avoids the State registration of the transfer of real estate property, the court may, at the request of the other party, and in the cases provided for by Russian law The Federation of executive proceedings, also at the request of the court bailiff, to rule on the state registration of the transfer of ownership. ". Article 6 Paragraph 4 of article 44 of the Federal Law dated 22 April 1996 N 39-FZ " On the securities market " (Russian Federation Law Assembly, 1996, N 17, p. 1918; 2001, N 33, sect. 3424; 2002, N 52, sect. 5141; 2006, N 1, sect. 5; N 17, est. 1780), after the words "the law of the Russian Federation on securities", add the words "and (or) on executive proceedings". Article 7 Article 31 Russian Criminal Code (Russian Federation Law Assembly, 1997, N 2, p. 198; 2003, N 50, sect. (4847) The words "and the conclusion of the bailiff" should be deleted. Article 8 Act No. 122-FZ of 21 July 1997 on State registration of real property rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3594; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 22; 2006, N 27, sect. 2881), the following changes: 1) Article 2, paragraph 5, after the words "by the person concerned" to be supplemented by the words "or by the bailiff"; (2) in article 16, paragraph 1: . The requirement of the bailiff's bailiff "; b) the second sentence should be amended to read as follows:" If the rights arise on the basis of a judicial act or are carried out in cases provided for by the Federal Law " On the Executive State registration of rights may be On the demand of the bailiff. "; ), the third paragraph, after the words" the other party ", should be supplemented by the words" and in the cases provided for by the legislation of the Russian Federation on enforcement proceedings, also by The requirement of the bailiff (bailiff) "; 3) in paragraph 1 of article 17, paragraph 8, of the phrase" the applicant from the former right holder ", delete; 4), paragraph 5 of article 18 should be supplemented with the following paragraph: " In the case of if the State registration of rights is on demand The court bailiff, the certificate of State registration of rights and (or) other documents may be issued to the bailiff. "; 5), article 19, paragraph 1, should be added to the following paragraph: "State registration of rights on the basis of a court act may be suspended by a State registrar only if it has doubts about the authenticity of the documents submitted."; 6) in article 20: (a) supplement paragraph 1 to 1 as follows: " 1-1. In State registration, the rights of the bailiff may be denied only on the grounds referred to in paragraphs 2, 4, 5, 6, 7, 9, 10, 11 and 12 of this paragraph. article. "; b), add the following sentence:" In the event that a State registration of rights is carried out by a bailiff by a court of law, it can only be terminated on the basis of court action. In the event that the State registration of rights is carried out at the request of the bailiff, it may be terminated only at the request of the bailiff. "; " 1. The rights to immovable property established by a court decision are subject to State registration, in which the State registrar is entitled to refuse only on the grounds specified in paragraphs 4, 6, 6, 7, 9, 10, 11 and 11. Article 20, paragraph 1, of this Federal Law. ". Article 9 Article 9 of the Code of Criminal Procedure of the Russian Federation Russian Federation (Legislative Assembly of the Russian Federation) Federation, 2001, N 52, Art. 4921; 2002, N 22, sect. 2027; 2006, N 28, est. (2975) The following changes: 1) in paragraph 2 of Part 1 of Article 40, the words "Chief Military Justice," and the words "Senior Military Justice," delete; (2) Part Two, paragraph 393, should be supplemented with the following sentence: Content: "The execution of the sentence is accompanied by a copy of the sentence to the bailiff." Article 10 Article 10 Commit to Codex OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434, 4440; N 50, sect. 4847, 4855; 2004, N 30, st. 3095; N 31, est. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 40, sect. 3986; N 50, sect. 5247; N 52, sect. 5596; 2006, N 1, st. 4, 10; N 2, est. 172; N 6, est. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380, 2385; N 28, st. 2975; N 30, est. 3287; N 31, sect. 3420, 3432, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 15, stop. 1743; N 16, sect. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4001, 4007, 4008, 4008, 4009, 4015), changes: 1) in article 17.9, paragraph 1, the word "delicts" should be replaced with "delicts or executive proceedings"; 2), supplemented by articles 17.14 and 17.15 , to read: " Article 17.14. Violation of the implementing legislation production 1. Violation by the debtor of the law on enforcement proceedings, in failure to comply with the legal requirements of the bailiff, false information about his or her rights to property, disservice from work, and The new place of work, study, place of receipt of pension, other income or place of residence- entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; officials-from ten thousand to one hundred thousand 50,000 rubles ($1,5); and organizations, up to 1 million rubles. 2. Failure by a bank or other credit institution to claim a monetary penalty from the debtor- results in the imposition of an administrative fine on a bank or other credit institution in the amount of One half of the sum to be recovered from the debtor, but not more than one million roubles. 3. Violation of enforcement legislation by non-debtor, failure to comply with the legal requirements of the bailiff, refusal to obtain confiscated property, false information On the property situation of the debtor, the loss of an executive document, in the late delivery of an executive document,- entails an administrative fine of between two thousand and two thousand roubles; 50,000 rubles ($1,100,000); 50,000 rubles ($1,150); Article 17.15. Non-performance of non-proprietary requirements in the executive 1. The failure of the debtor to comply with the non-property requirement in the executive document within the time limit set by the bailiff after the enforcement of the enforcement fee- is subject to an administrative fine 50,000 rubles ($91,000); on-1-400 rubles ($1,150)). 2. The failure of the debtor to comply with the non-property requirement in the executive document within the time limit set by the bailiff after the imposition of an administrative fine- The fines range from 2,000 to 2,000 rubles ($2,000 to $1,500); for officials-from fifteen thousand to twenty thousand rubles; legal entities-from 50,000 to seventy-two thousand rubles. "; (3) in Article 23.1: (a) Part 1 after the digits "17.13," to be supplemented with the words " of article 17.14, paragraph 2, "; b), third part 3, paragraph 3, after the digits" 15.10, "to be supplemented by the words" article 17.14, paragraph 2, "; 4), to supplement Chapter 23 with article 23.68 as follows: " Article 23.68. Federal executive branch, authorized to perform functions of enforced execution of executive documents 1. The Federal Executive, which is authorized to carry out the functions of enforcement of executive instruments, deals with administrative offences under articles 17, 14, 14, 15, 17, 14, 17, 14, 17, 14, 17 and 15. of this Code. 2. To deal with administrative offences on behalf of the authority referred to in part 1 of this article, the bailiers are entitled to the bailiff. "; 5) paragraph 14, paragraph 14, of article 27.2, after the words" 17.8 ", with the words", 17.9, 17.14 and 17.15 "; 6) article 27.3, paragraph 10, paragraph 10, after the words" 17.8 "with the words", 17.9, 17.14 and 17.15 "; class="ed"> (expandable-Federal Law dated 18 July 2011. N225-FZ) 9) Paragraph 1 of Article 29.10 (Article 29.10) to be supplemented by the words ", their address"; 10), article 30.1, paragraph 2, paragraph 1, as follows: " (2) by a collegiate body or a court of law. by the Executive Director, to the District Court at the place where the collegiate body or bailiff is located; "; 11), to be supplemented by Part 4, paragraph 4, reading: " 4. The judge, the authority, the official, in the direction of the administrative offence against the authority, the official responsible for enforcing it, shall make a mark on the date of its entry into force in the said order or that it is subject to immediate execution. "; 12) Article 31.4 should be supplemented with Part 3 reading: " 3. In the event of uncertainty as to the manner and manner of execution of the administrative offence, the authority, the official giving effect to the ruling, and the person to whom it was issued are entitled to apply to by the court, authority or official who issued the ruling, with a statement of explanation of the manner and manner of its execution. "; 13) in article 31.8: (a), after the words" Questions ", add the words" to clarify the manner and order ";"; b) Part 3 after "Decision on questions" to be completed The second sentence of Part 5 of Article 32.2 should be amended to read: " In addition, the official of the federal executive The Protocol on Administrative Offences (excluding the bailiff) shall constitute the record of the unit or the territorial body or other public authority authorized to carry out the proceedings for administrative offences (with the exception of the bailiff). of an administrative offence under article 20.25, part 1, of the Code, against a person who has failed to pay an administrative fine. "; 15) (Spspent force-Federal Law 09.11.2009 N 249-FZ) 16) Part 3 of Article 32.4 to add the following sentence: " If the said weapons or objects have been seized in accordance with article 27.10 of this Code or under arrest in accordance with article 27.14. of this Code, their destruction or transfer shall be carried out by a judge or by his or her order by the authority whose official has made the seizure or arrest. ". Article 11 Amend Arbitration OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3012; 2006, N 1, est. (8) The following changes: 1) in Article 199: (a) Paragraph 8 of Part 1 should be amended to read: " In a statement of challenge and action (inaction) of the official of the judicial bailiers, the particulars of the executive document in connection with the execution of which challenges the decisions and actions (omission) of the said official. "; b) paragraph 2, paragraph 2, amend to read: " K A statement to challenge decisions and actions (inaction) of the official of the service The bailiff shall also be accompanied by a notice of service or other documents confirming the copy of the statement and the necessary evidence to the designated official and the other party of the executive proceedings. "; 2) in In the second part of article 200, paragraph 2, the words "the bailiff of the bailiff" shall be replaced by the words "the official of the bailiff service"; 3), to supplement article 318 with Part 3 reading: " 3. The forms of the form of the executive sheets, the procedure for their manufacture, accounting, storage and destruction are approved by the Government of the Russian Federation. "; The executive sheet issued prior to the entry into force of the judicial act, except in cases of immediate execution, shall be null and void and shall be reviewed by the court which issued the court decision. "; 5) paragraph 6 of article 320, paragraph 6, shall be supplemented by the words "or the requirement of its immediate execution"; 6) Article 329 should read: " Article 329. Challenging the orders of the officers of the bailiff service, their actions (omissions) 1. Regulations of the main judicial bailiff of the Russian Federation, the main judicial bailiff of the Russian Federation, the senior bailiff, their deputies, the bailiff, their actions (inaction) can be challenged in The arbitration court in the cases provided for by this Code and other federal laws, according to the rules established by chapter 24 of this Code. 2. Declaration of contesting the orders of the judicial officers of the bailiers service, their actions (inaction) of the state duty is not taxed. ". Article 12 Article 197, paragraph 3, of the Federal Law dated October 26, 2002. 4190) the words "the property of creditors of the first and second lines under article 59" should be replaced by the words "the debtor's property referred to in article 94, paragraphs 1 to 3". Article 13 of the Russian Federation's Code of Civil Procedure, 2002, N 46, est. 4532; 2003, N 27, sect. 2700; 2005, N 1, st. 20; N 30, est. 3104; 2006, N 1, est. (8) The following changes: (1) in paragraph 8 of article 122 of the word ", the judicial bailiff unit", the words "and its property" and the words "and the costs associated with the storage and storage of seized goods from the debtor" The property of the debtor, evicted from its housing "delete; 2) Article 428: (a) shall be supplemented with Part Four, as follows: " 4. The executive sheet, issued prior to the coming into force of the court order, except for immediate execution, is null and void and shall be reviewed by the court which ruled the judgement. "; b) to be completed by Part Five. , to read: " 5. The forms of the form of the executive sheets, the procedure for their manufacture, accounting, storage and destruction are approved by the Government of the Russian Federation. "; The execution should be carried out in different places, "; 4) article 431, as follows: " Article 431. Liability for the loss of the executive sheet or the court order The official responsible for the loss of the execution of the execution or court order may be liable to a fine of up to of the twenty-five statutory minimum wage rates. "; 5), article 433, as follows: " Article 433. Explanation of executive document 1. In the event of uncertainty as to the claim contained in the executive document, or the lack of clarity in the manner and the manner in which it was executed, the debtor, the court bailiff, had the right to apply to the court that issued the court certificate with a statement of clarification the executive document, the method and the manner in which it is executed. 2. An application for an explanation of the executive document shall be considered in a court session within 10 days from the date of receipt of the said application to court. "; , to read: " Article 436. The court's obligation to suspend enforcement proceedings The Court is obliged to suspend the executive proceedings in whole or in part in the cases provided for by the Federal Act on Enforcement. 8) Article 437 should read: " Article 437. The court's right to suspend the executive proceedings The Court is entitled to suspend the executive proceedings in whole or in part in the cases provided for by the Federal Act on Enforcement. " 9) in article 439: a) Part one should read: " 1. The executive proceedings are terminated by the court in the cases provided for by the Federal Act on Executive Production. "; b) Part Three, as follows: " 3. In the case of the termination of the execution, all designated enforcement measures shall be cancelled by the bailiff. A reduced executive proceeding shall not be opened again. "; 10) in article 440: (a) the name to be supplemented by the word" court "; b) in the first word" at the place of the bailiff's bailiff " Replace the words ", in the area of which the bailiff is performing its duties, within 10 days"; 11), to read article 441, as follows: " Article 441. Filing an application to challenge the decisions of the judicial bailiff service, their Actions (Idle) 1. Regulations of the main judicial bailiff of the Russian Federation, the main judicial bailiff of the Russian Federation, the senior bailiff, their deputies, the bailiff, their actions (inaction) can be challenged by a prospector, a debtor or persons whose rights and interests have been violated by such an order, by acts (omissions). (Spaged by Federal Law of 08.03.2015) N 23-FZ) (Unused-Federal Law of 08.03.2015 N 23-FZ 4. Refusal of the recusal of a bailiff may be appealed in the manner provided for in this article. "; 12) in the first article 446: a) in the third paragraph," as well as the land where the use of which is not related to the conduct of a business debtor, "delete; b) paragraph 6, amend to read: " used for purposes other than business activities, tribal, dairy and working cattle, deer, rabbits, birds, bees, Feeding necessary for their contents up to pasture (per paek), as well as the facilities and structures necessary for their maintenance; "; ), paragraph 8, amend to read: " foodstuffs and The sum of money is equal to the sum of at least the established minimum subsistence level of the national of the debtor and persons who are dependent on him; ". Article 14 1. This Federal Law shall enter into force on the date of its official publication, with the exception of provisions for which the present article provides for a different date of entry into force. 2. Articles 4, 5, 8, 10, 11, paragraphs 1, 3, 5 and 6, article 12, paragraph 2, subparagraph (b), of article 13, paragraphs 3 to 12, of this Federal Law shall enter into force on 1 February 2008. 3. Before the Government of the Russian Federation has approved forms for the executive sheet, the procedure for their manufacture, registration, storage and destruction, the executive sheets shall be issued by the courts on the forms of the existing form. President of the Russian Federation Vladimir Putin Moscow, Kremlin October 2007 N 225-FZ