Advanced Search

On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on November 23, 2011 Approved by the Federation Council on 29 November 2011 Article 1 Part Two Article 3 of the Russian Federation Law of 11 March 1992 of the year N 2487-I "On private detective and security activities" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 888; Legislative Assembly of the Russian Federation, 2006, No. 30, art. 3294; 2007, N 31, est. 4011; 2008, N 52, sect. (6227) supplement paragraph 8 with the following: " 8) the search for a person who is a debtor in accordance with an executive document, his or her property, and the search for a child on an executive document containing a request for the removal of the person. of the child, on a treaty basis with a prospector. ". Article 2 " (Russian legislature, 1997, . 3590; 2004, N 27, est. 2711; N 35, sect. 3607; 2007, N 10, est. 1156; 2009, N 29, Art. 3631; 2010, N 31, st. 4182; 2011, N 29, 100 (4287) the following changes: 1) Article 8, paragraph 2, paragraph 2, in addition to the words "as well as on the search for a citizen of the defendant in a civil case"; 2) paragraph 5 of article 9, paragraph 2, should be supplemented with the words "and on the basis of the civil action of the defendant in a civil case"; (3) paragraph 8 of article 10, paragraph 2, is supplemented by the words "as well as the search on the basis of the civil action of the defendant in a civil case"; (4) Article 11, paragraph 1, should be supplemented with the following paragraphs: " To assist the internal affairs authorities in the search for and detention of persons who have hidden themselves from bodies of inquiry, investigation or trial; , on behalf of the senior judicial bailiff or his deputy, to assist the judiciary (a) To add the following: to the executor of the execution and search for the execution of the inquiry, and to the person conducting the initial inquiry. "; 5), article 12, paragraph 1, should be supplemented with the following paragraphs: " declares the search for the debtor in the executive document, his property or the search for the child An executive document containing a request for the removal of a child and carries out the search in accordance with the law of the Russian Federation; is wanted on the basis of a judicial act by the defendant In the civil case, in accordance with the procedure established by the federal executive body responsible for the regulatory and legal regulation of the operation of the courts and the execution of judicial acts and other acts organs. ". Article 3 Paragraph 4 of article 320, paragraph 4, The Arbitration Code of the Russian Federation (Russian Federation Law Assembly 2002, N 30, st. 3012; 2007, N 41, sect. 4845; 2010, N 18, sect. 2145; N 31, st. " (...) (...) (...) of the taxpayer ". Article 4 Article 4 Civil Procedure Code of the Russian Federation (Legislative Assembly Russian Federation, 2002, No. 46, art. 4532; 2003, N 27, sect. 2700; 2007, N 41, sect. 4845) The following changes: (1) in the second article of article 120, the words "the internal affairs organ" shall be replaced by the words " the territorial body of the federal executive branch in order to ensure the established procedure for the operation of the courts and the execution of "(2) In paragraph 8 of article 122, the words" the internal affairs authority "shall be replaced by the words" by the territorial body of the federal executive branch for the enforcement of the established procedure. and the enforcement of judicial acts and acts of other bodies. " Article 5 Part 1 of Article 6 of the Federal Law of 30 December 2004 N 218-FZ On Credit Stories OF THE PRESIDENT OF THE RUSSIAN FEDERATION 44; N 30, est. 3121; 2007, N 31, est. 4011; 2011, N 15, article 2038; N 29, st. (4291) supplement paragraph 5 with the following: "(5) into a federal executive body authorized to carry out the functions of ensuring the established procedure for the operation of the courts and the execution of judicial acts and acts of others". organs, title and main parts of credit history upon request. ". Article 6 of the year N 229-FZ "On the Executive Production" (Meeting of the Parties to the Convention) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4849; 2009, No. 29, sect. 3642; 2010, N 31, st. 4182; 2011, N 27, sect. 3873; N 29, st. 4287; N 30, sect. 4573, 4574) The following changes: 1) in paragraph 5 (5) of article 13: (a) the subparagraph "a" to be supplemented with the words " and for the debtor who is an individual entrepreneor, also the date and place of its state registration as a Individual entrepreneor, taxpayer identification number "; b" b "b" B " b) for organizations-name, location, actual address (if known), date State registration as a legal entity, identification the number of the taxpayer; "; (2) in article 30, paragraph 5, of the phrase" and article 33, paragraph 6 of this Federal Law ", delete; 3) in article 33: (a), paragraph 2, paragraph 2, of the following wording: " (2) shall submit the execution to another branch of the bailiers in the order and on the grounds provided for in parts 7 to 7 to 2 of this article. "; b) in Part 6 of the word" and approved by the Chief Judicial Officer or by the Deputy " to delete, third and fourth sentences, add with the following sentences: " The order shall be sent to the appropriate branch of the bailiev in writing, with simultaneous (if possible) direction by means of the Internet Information and Telecommunications Network (hereinafter referred to as the network) "The Internet") is no later than the day following the day of the ruling. At the time of execution of the assignment, the executive proceedings may be suspended, except in cases where enforcement measures are necessary for the execution of the assignment. "; in Part 7, as follows: " 7. If the place of residence of the debtor has changed during the execution of the executive document, the place of residence of the debtor is found to be that there is no debtor's property in the territory subject to the jurisdiction of the bailiff. which may be brought to the attention of the court, the bailiff shall prepare an act and order the transfer of the enforcement proceeding to another branch of the bailiers. "; g) to be supplemented with Part 7-1 as follows: " 7-1. The order for the transfer of the enforcement proceeding to another branch of the bailiet is approved by: 1) by the senior bailiff or by his deputy, who is under the jurisdiction of the bailiff, on the transfer In the territory of the constituent entity of the Russian Federation; 2) the principal judicial bailiff of the constituent entity of the Russian Federation or his deputy, under whose jurisdiction the court is based Executing agency, on the transfer of the enforcement proceedings A division of the judicial bailiers of another territorial organ of the Federal Court of Justice. "; d) to be supplemented by Part 7-2 as follows: " 7-2. The order for the transfer of the enforcement proceeding to another branch of the bailiff, the originals of the executive document and the materials of the executive proceedings shall be transferred to another branch of the bailiff court not later than the day, I do not have the right to do that. Copies of the executive order, the executive order and the executive proceedings remain in the bailiff's office, where the executive document was previously executed. "; (e) Part 8 (c) To declare void; , paragraph 9, amend to read: " 9. The main judicial bailiff of the Russian Federation, or the principal judicial bailiff of the Russian Federation, for the purpose of more complete and correct execution of the executive proceedings is entitled to transfer the executive proceedings from one unit -judicial bailiers (including at the initiation stage), as ordered. OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is forwarded to the relevant principal judicial orders of the constituent entities of the Russian Federation and to the senior judicial bailiers. The chief judicial officer of the Russian Federation, the senior judicial bailiff, having received the said order, shall arrange for the transfer of the enforcement proceeding to another branch of the judicial branch, no later than the day following the date of receipt In the order provided for in paragraphs 7 to 7 and 2 of this article. "; z), Part 10 shall be redrafted to read: " 10. According to the decision of the main judicial bailiff of the Russian Federation or the principal judicial bailiff of the constituent entity of the Russian Federation from one division of the judicial bailiff to the other, the bailiff's bailiff shall have the right to carry out enforcement actions and to apply enforcement measures in the territory to which his or her authority is not subject. When committed by the bailiff of the executive acts and the application of enforcement measures in the territory to which his or her authority is not subject, in the territory in question, the principal judicial bailiff of the constituent entity of the Russian Federation, The senior court bailiff is required to assist the bailiff in executing the executive document. "; and) Part 11, as follows: " 11. When deciding on the transfer of the executive proceeding from one division of the bailiff to the other on the grounds set out in this article, the removal of the search for the debtor, its property, the search for the child, and the termination of the search for the child, The debtor is not subject to restrictions. The authority to set aside the search, as well as to modify and abolish restrictions, is transferred to the bailiff to which the executive proceeding has been transferred. "; to part 12 of the void; L) to be completed by part 12-1, to read: " 12-1. A copy of the order for the transfer of the enforcement proceeding to another unit of the bailiff service not later than the day of its delivery, shall be sent to the debtor, the debtor and also to the court, other authority or official who issued the order. , part 13, to read: " 13. The requirements of this article shall not apply to the execution of the executive acts referred to in article 64, paragraphs 2, 4, 7, 10 and 11, of this Federal Act, which the court bailiff has the right to commit throughout the territory Russian Federation. "; n) to be supplemented with Part 15 reading: " 15. In the territory of foreign states, enforcement actions are carried out in the manner prescribed by the international treaties of the Russian Federation. "; the requirements of an executive document to be immediately executed, with the exception of maintenance claims, payment of wages, reinstatement of work; "; 5) in article 36: (a) Part 3, in addition to the words", unless otherwise stipulated by the assignment "; (b) Paragraph 4 of Part 7 to be declared void; 6) in article 47: (a) paragraph 5 of Part 1 to be declared void; b) in Part 4, second and third sentences, delete; 7) Part 1 of Article 60 to be completed The sentence reads as follows: "In the act of execution and (or) enforcement of enforcement measures, the bailiff shall provide information on the details of the identification document."; 8) Article 62 Amend the text as follows: " Article 62. Interactions of the bailiers with internal affairs agencies Internal affairs officers within the limits of the powers vested in them by the federal law provide assistance to bailiers in In the case of the debtor, the President, with the consent of the Council, decided to take the necessary action to implement the present resolution. Legal and regulatory framework in the field of justice and federal law The first part of paragraph 1, paragraph 1, should read: " 1. Executive actions are committed by the court bailiff under the present Federal Act to create conditions for the enforcement of enforcement measures, and to force the debtor to be forced to do so the full, correct and timely execution of the requirements contained in the executive document. The bailiff has the right to perform the following executive actions: "; (b) Part 2 recognizes void; 10) Article 65 as follows: " Article 65. The debtor, his property or the search for the child 1. In the absence of information on the location of the debtor, its property or the whereabouts of the child, the bailiff has the right to declare the debtor, his property or the child wanted. 2. A search is made at the place of execution of an executive document, or at the last known place of residence or place of residence of the debtor or child, the location of the debtor's property or the place of residence of the prospector. The wanted list is the basis for the implementation of the wanted list in the territory of the Russian Federation, as well as in the procedure established by the international agreements of the Russian Federation and in the territories of foreign countries. 3. On his own initiative or upon request, the bailiff's bailiff shall declare the search for the debtor or its property on the executive documents containing the requirements for the protection of the interests of the Russian Federation, the constituent entities of the Russian Federation, Municipal entities, claims for alimony, compensation for the health or death of the breadwinner. 4. On his or her initiative or upon request, the court bailiff announces the child's search for an executive document containing a request for the removal of the child. 5. According to the executive documents, the bailiff's bailiff has the right to declare the search for: (1) of the debtor of a non-proprietary nature, if the execution of the claims enforcement documents are not possible in the absence of the debtor; (2) of the debtor of the insolvency estate, if the execution of the requirements of the executive document is not possible in the absence of the debtor and the amount of claims under the Executive Document (s) in respect of the debtor The amount of the debtor's property is more than 10 000 roubles; (3) property of the debtor of the debtor's property, if the amount of the requirements of the executive document (executive documents) against the debtor exceeds RUB 10,000. 6. The resolution on the search for the debtor, his or her property or the search for the child, or the refusal to declare such a wanted person, shall be issued by the court bailiff within three days from the date of receipt of the request for the search or from the day The establishment of a wanted list. 7. The order of the bailiff for the search for the debtor, his property or the search for the child shall be ordered in the manner prescribed by article 33, paragraph 6, of this Federal Act, specifying the executive acts that may be committed, and (or) the enforcement measures that may be applied by the bailiff, who is entrusted with tracing functions (hereinafter referred to as the bailiff) against the debtor, property of the debtor or The Convention on the Rights of the Child; 8. The order of the bailiff for the search for the debtor, his property or the search for the child is approved by the senior court bailiff or his deputy, and is sent for the search for the judicial bailiff, who is wanted, and is subject to immediate execution. 9. Copies of the order of the bailiff on the notice of the wanted notice or the refusal of the wanted notice are sent to the parties of the executive proceedings. In the absence of information on the location of the debtor, a copy of the judgement of the bailiff shall be sent to the last known place of residence or the place of residence of the debtor. A copy of the order for the search for the child is also sent to the guardianship and custody agencies at the place of residence of the child. 10. At the time of the investigation, the bailiff is entitled to request data from the banks of intelligence, search information and to process the necessary personal data, including information about persons and their property. 11. For the manufacture of the wanted bailiff, the bailiff is entitled to use the information obtained by means of private detective (detective) activity, and for the production of the search The debtor, a citizen or a child, is also free to use the media free of charge. 12. If the wanted debtor, its property or child is found in the territory to which the authority of the bailiff is not subject to the authority of the bailiff, the principal judicial bailiff of the constituent entity of the Russian Federation at the place of discovery The debtor, his or her property or child shall arrange for the immediate transmission of this information, including through the Internet, to the territorial office of the Federal Judicial Services Department at the place of the wanted notice, and to ensure the safety of the person in question. of the equipment, as well as the interaction with the guardianship authorities and custody of the transfer of the child found as a result of the search for the child to the legal representative, guardian or tutor to be handed over to the child in compliance with the requirements of the executive document. 13. When a citizen's wanted debtor is found, the enforcement action shall be carried out and enforcement measures shall be applied at the place where it is found. If necessary, the debtor-citizen may be transferred to the nearest detection unit for execution or enforcement action. 14. When a child is found to be wanted, the bailiff's bailiff shall immediately inform the tutelage and guardianship authorities about the child and take steps to transfer the child A legal representative, guardian or tutor to be handed over to the child in compliance with the requirements of the executive document. In the event that the child is not immediately handed over to the designated legal representative, guardian or trustee, the child shall be given custody of the child by the place where the child is discovered. of a designated legal representative, guardian or tutor. 15. The bailiff's bailiff, no later than the day following the day of execution and the (or) enforcement of enforcement measures, shall forward the issued (written) as a result of their commission or application The order (s) of the judicial bailiff who declared the wanted list. "; 11) in article 70: (a) in Part 1, the words" shall be removed and arrested "shall be replaced by the words" shall be withdrawn, as shall be drawn up "; b) In Part 2, replace "and (or)" with "or"; in) Part 5 Amend the text as follows: " 5. The bank or other credit institution servicing the accounts of the debtor immediately executes the requirements of the Executive Instrument or the Order of the bailiff for the collection of funds, as for the current period of time. 3 days from the date of their execution to inform the bailiff or bailiff. "; g) Part 6 to supplement the sentence with the following sentence:" When carrying out the check, the bank or credit institution immediately suspends transactions with funds in the accounts of the debtor in the amount of the amount of the moneys to be recovered. "; (d) in Part 7 of the word" executive document ", replace the word" executive document "by" or Decree of the bailiff "; , Part 9, after the words" in the executive document "should be supplemented by the words" or the judgement of the bailiff "; 12) in article 75: (a) in Part 1: In paragraph 3, the word "long term" should be deleted; , to read: "7) other debtor-owned property rights."; b), Part 2, as follows: " 2. Recovery of the debtor's exclusive rights to intellectual property and the means of individualization, the right to use the results of intellectual activity and the means of individualization, as well as to property rights in the The relations of third parties are subject to the rules established by the Civil Code of the Russian Federation. "; in) to be supplemented by Part 2-1 as follows: " 2-1. The recovery of the debtor's right to receive moneys is made in accordance with the procedure established by article 76 of this Federal Act for the purpose of collection of the receivable. "; 13) in paragraph 2 of Part 4 Article 77 of the words "in article 73" shall be replaced by the words "in articles 73 and 73-1"; 14) in article 80 (4), the words "and other factors" shall be replaced by the words ", as the bailiff's order makes a mark in the seizure order and (or) the act of seizure (s) "; 15) in article 81: (a) In Part 2, the words "the debtor's cash accounts" should be replaced by the words "the debtor's accounts,"; b) to be supplemented with Part 6, as follows: " 6. If the money is not available or is not sufficient, the bank or other credit institution suspends transactions with available funds in the accounts of the debtor and (or) continues to enforce the seizure order as "Cash flows to the accounts of the debtor prior to full execution of the judgement or prior to the lifting of the arrest by the bailiff."; 16) in article 84: (a) in Part 3 of the word " cash in and foreign currency, " delete; b) supplement Part 4 , to read: " 4. Discovered by the bailiff by the bailiff, cash of the debtor in rubles and foreign currency is withdrawn in the manner established by article 70, paragraph 1, of this Federal Law. "; 17) in article 86: (a) Part 2 Amend the text as follows: " 2. Movable property of the person under arrest shall be transferred to the custody of the debtor or members of his or her family, the person or the person with whom the territorial organ of the Federal Court of Justice has concluded the seizure. Treaty. Custody of documents confirming the existence and extent of the debtor's property rights as well as movable property may be carried out in the bailiff's unit provided that they are safeguarded. "; b) Part 4 after the words" is "supplemented by the word" recovered "by"; in) to supplement Part 5 with the following text: " 5. If necessary, the bailiff shall be replaced by a court order. The transfer of the property to the new custodian is effected by the act of receiving-transfer of property. "; 18) to supplement article 99 with Part 4 reading: " 4. Restrictions on the amount of deductions from the wage and other income of the debtor-a citizen, as set out in parts 1 to 3 of this article, shall not apply to the recovery of monies held in the accounts of the debtor to which the employer is entitled. In addition to the amount of the last periodic payment. "; article 123, amend Part 2-1 to read: " 2-1. A complaint against the judgement of the bailiff of the Federal Judicial Police Service, approved by the senior judicial bailiff, order of the senior judicial bailiff of the said unit, to their actions (inaction) is filed Deputy Chief Justice of the Russian Federation. ". Article 7 Article 12, Part 1, of the Federal Law of 7 February 2011 of the year N 3-FZ "On the Police" (Legislative Assembly Russian Federation, 2011, 900; N 27, est. 3880, 3881) supplement paragraph 41 to read: " 41) to assist the judicial bailiers in a manner determined by the federal executive authority in the internal affairs and the federal executive branch, On the normative and legal regulation in the field of ensuring the established procedure for the operation of the courts and the execution of judicial acts and acts of other bodies, in the search for a citizen of the Respondent in a civil case, as well as the debtor, the debtor's property or the search for a child documents. ". Article 8 This Federal Law comes into force on 1 January 2012. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 3 December 2011 N 389-FZ