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On Amendments To The Federal Act "on Enforcement Proceedings"

Original Language Title: О внесении изменений в Федеральный закон "Об исполнительном производстве"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Executive Production" Adopted by the State Duma on December 20, 2013 Approved by the Federation Council on 25 December 2013 29/06/2015 N 186-FZ) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4849; 2009, N 1, article 14; N 29, est. 3642; N 39 4539, 4540; 2010, N 31, st. 4182; 2011, N 7, est. 905; N 27, sect. 3873; N 29, st. 4287; N 30, sect. 4573; N 48, st. 6728; N 49, sect. 7014, 7061, 7067; N 50, sect. 7347, 7352, 7357; 2012, N 31, st. 4333; 2013, N 14, est. 1657) the following changes: 1) in article 12, paragraph 3, second sentence, amend to read: "The bailiff shall direct the order to be executed."; (2) in article 24: (a) Part 1 of the words "on enforcement actions and on enforcement measures, or are called upon by the bailiff or in the place of execution", to be replaced by the words " on the time and place of the execution of the act, or Enforcement of coercive measures or call for judicial action "(b) Part 2 should be supplemented with the following sentence:" The bailiff shall, however, be required to notify the persons concerned of the execution of the enforcement action or the application of the enforcement measures later on the following working day after the day of their commission or use. "; in) Part 3: " 3. The notices addressed to the prospector and the debtor are addressed to the addresses indicated in the executive document. Notice addressed to the person participating in the executive proceedings shall be sent to the place of residence or the location of the person. The notification may be directed at the place of work of the citizen participating in the executive proceedings. "; d) Part 4 should read: " 4. A person involved in an executive proceeding shall be entitled in writing to a different address (including an e-mail address) for which the bailiff is required to give notice or to indicate otherwise. Information necessary for the person to be informed of the progress of the enforcement proceedings in a timely way. "; Internet Information and Telecommunications Network (hereinafter-the Internet), telephone contact numbers (...) (...) (...) If the person or the debtor does not live or is not at the address specified in the executive document, the summons shall be subpoena to the place of residence of the citizen, the legal address of the organization. "; 5) article 29, paragraph 2. supplement paragraph 3 to read: " (3) The agenda, other notice shall be sent to the last known place of residence of the person participating in the executive proceedings or at the address to which he/he is in writing. to be notified of the person (including electronically ), or agenda, otherwise referred to otherwise by such person, but the person addressed to the agenda, other notice has not received the notice. "; 6) Article 30 to be supplemented by Part 2-1, reading: " 2-1. Application for the commencement of the enforcement proceedings on the basis of the executive documents referred to in article 21, paragraphs 1, 3, 4 and 7, of this Federal Act, which has been completed by the bailiff on the basis of an act of absence from the debtor. Property may be recovered (in the event that all the legal measures taken by the bailiff to find the debtor's property were unsuccessful), may be filed not earlier than six months after the date at the end of the enforcement proceedings or of the previous period, if any Information on the change in the debtor's property status. Application for the commencement of the proceedings on the basis of other executive documents completed by the bailiff on the basis of an act of absence from the debtor of the property to which the recovery may be directed (in the case of All the measures taken by the judicial bailiff to find the debtor's property may have been unsuccessful, not less than two months after the end of the enforcement proceedings or before the expiry of that period if there is information on the change in the property situation ";"; 7) in article 31, paragraph 6, of article 31, paragraph 1, of article 103, paragraph 1, of article 103, paragraph 1, of article 33, paragraph 1, of article 33, paragraph 1, of article 103; (hereinafter referred to as "the Internet"), replace the words "Internet"; 9) with Article 46, to be supplemented with Part 5, reading: " 5. In case of the return of the recovered executive document in accordance with paragraph 4 of Part 1 of this Article, the prospector shall be entitled to resubmit for execution the executive documents specified in article 21, paragraphs 1, 3, 4 and 7, of this Federal Law. The law, not earlier than six months from the date of the issuance of the executive order, and the return of the executive document, and other executive documents not earlier than two months or until the expiry of the deadline in question case of information on changes in the property situation "; and 10), first sentence of Part 7 of Article 47, after the words" the main executive proceeding "to be supplemented with the words", except for the end of the enforcement proceeding on the grounds set out in paragraph 3 or 4 of Part 1 of the article 46 of this Federal Law, or paragraph 4, 6 or 7 of Part 1 of this Article, "; 11), shall be amended to read: Article 52. Succession to executive production 1. In the case of retirement of one of the parties to the enforcement proceedings (death of the citizen, reorganization of the organization, assignment of the right of claim, transfer of the debt), the bailiff shall replace this side of the executive proceedings -The successor. 2. The bailiff shall replace the party of the enforcement proceeding: 1) by a court certificate of replacement by the party of executive proceedings by the successor of an executive document issued under a court order. the act or is a judicial act; (2), on the basis of the law establishing documents confirming the disposals by the party of the executive proceeding, in the case of an executive document issued by a different authority or official, if Such succession is permitted by law of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. On the replacement of the side of the executive proceedings by the successor, the bailiff shall issue an order, which shall be approved by the senior bailiff or his deputy, and a copy of which is not later than the day following its issuance, shall be sent to the debtor and to the court, to another authority or to the official who issued the executive document. 4. For the transferee, all acts performed prior to their entry into the executive proceeding are mandatory to the extent that they were binding on the side of the executive, which the successor has replaced. "; 12) in Part 1. Article 64: (a), paragraph 16, amend to read: " (16) to verify the correctness of the retention and transfer of money by court, act of another organ or official, and the correctness of the write-off of the debtor's personal account in the registry system and depot accounts, Open professional participant of the securities market in accordance with the Federal Law of 22 April 1996 No. 39-FZ "On the securities market" (hereinafter-the account and the account of the depo), and enlistment of the emissage of the emission Securities on application of the prospector or on its own initiative, including on the executive documents presented in the manner provided for in article 8, part 1, article 8, paragraph 1, and article 9, paragraph 1, of this Federal Law. In carrying out such an examination, the organization or other person referred to in article 8, paragraph 1, article 8, paragraph 1, and article 9, paragraph 1, of this Federal Act are required to submit to the bailiff the relevant accounting and other accounts. documents; "; b) to supplement paragraph 16-1 with the following content: " 16-1) to set off the oncoming homogenous claims, which are confirmed by the enforcement documents for the collection of money; "; 13) in Part 3 Article 68: (a) Paragraph 10 should read: " 10) forced release of the non-residential premises from the stay of the debtor and its property; "; b) to supplement paragraph 10-2 with the following: " 10-2) the forced release of the land from the presence on it the debtor and its property; "; 14) in part 2 of article 73 of the words" on the personal accounts in the registry system and depot accounts held by a professional participant in the securities market in accordance with the Federal Law " On the securities market "(hereinafter-the account and the deo account) to be replaced by the words" in the accounts and accounts The deo "; 15) in article 87: a) Part 6 should read: " 6. The bailiff does not earlier than ten and no later than twenty days from the date of the judgement of the debtor's property valuation, shall rule on the transfer of the debtor's property to the realization. "; b), Part 7, as follows: editions: " 7. The bailiff shall be required to transfer the specialized organization and the specialized organization is obliged to take the property of the debtor from the bailiff within ten days from the date of the order Transfer of the debtor's property to be realized. The transfer of the specialized organization of the debtor's property to the implementation shall be carried out by the bailiff by the executor of the act of receiving-transfer. "; 16), to supplement Chapter 8 with Article 88-1, as follows: " Article 88-1. Treatment of cross-homogenous requirements 1. Upon application by the prospector or debtor, or on its own initiative, the bailiff shall set off counterparty uniform claims, confirmed by the enforcement documents, on the basis of which the funds were brought OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The set-off of counter-homogenous requirements by the bailiff shall issue an order, which is approved by the senior bailiff or his deputy. 3. A copy of the order referred to in part 2 of this article shall be communicated to the parties of the executive proceedings. "; 17) Part 3 of article 95, as follows: " 3. If the Federal Tax Service has reported to the court bailiff for action in the insolvency (bankruptcy) of the debtor, the bailiff's bailiff suspends the enforcement action of the debtor-organization's property pending the decision of the arbitral tribunal to impose bankruptcy proceedings against the debtor, with the exception of enforcement actions The Conference of the Parties, 1) on the recovery of salary arrears; (2) to pay compensation to the authors of the intellectual activity; (3) to reclaim property from unlawful possession; 4) harm caused to life or health; (Overtaken by force-Federal law of 29.06.2015) N 186-FZ) 6) on the recovery of current payments arrears. "; 18) Part 1 of Article 96 should read: " 1. On the basis of the determination of the arbitral tribunal to establish surveillance procedures, financial recovery or external management, the bailiff suspends execution of the enforcement documents on the property collectitions, except Documents issued on the basis of enforceable legal acts prior to the date on which the said proceedings were entered into, or were judicial acts, to pay compensation to the authors of the results of the intellectual activity, of property from unlawful possession, reparation, the loss of life or health, compensation for moral injury, as well as the recovery of the debt on current payments and enforcement of wage arrears. "; 19) in article 103: (a) Part 14 Amend the text as follows: " 14. Enforcement proceedings to recover a fine for a crime are terminated in the case of: (1) the death of the debtor or the death of the debtor; (2) the commutation of the fine by another type of penalty; 3) Exemption from execution of the sentence in the form of a fine in the form of amnesty, pardon and in other cases established by the criminal and criminal procedure legislation of the Russian Federation; 4) the reversal of the conviction in part The imposition of a penalty in the form of a fine and the termination of a criminal case on grounds of Paragraph 1 or 2 of part one of article 27 of the Code of Criminal Procedure of the Russian Federation. In this case, the amounts recovered from the debtor in the execution of the relevant executive document shall be returned to the debtor as follows: " 15. Executive proceedings on the enforcement of the fine for the crime shall end in the case of: (1) payment of a fine; 2) the return of the execution document at the request of the court issuing the penalty "; 20) Article 107 should be redrafted to read: Article 107. Features of the execution of the requirement requirement to evict a debtor, to release non-residential premises, land, demolition, building or structure or their separate constructs 1. In the event that the debtor does not vacate the dwelling within the prescribed time limit for voluntary execution of the eviction order, the bailiff shall issue an order of recovery from the debtor The enforcement fee will set the debtor a new period of eviction and warns it that forced evictions will take place without further notice to the debtor at the end of the specified period. 2. The execution of the eviction request or the release of the non-residential premises (the debtor's obligation to vacate the non-residential premises) includes the release of the premises specified in the executive document from the debtor, its property, domestic animals and The debtor is prohibited from using the premises vacated. 3. The execution of the claim for the release of the land (the debtor's obligation to vacate the land) includes the release of the land specified in the executive document from the movable and immovable property of the debtor and The debtor is prohibited from using the land in question. In the case of an executive document, the buildings, buildings or structures on the land are located on the land of the building, the building or the structures or their separate constructions. 4. The demolition, building or construction of buildings or structures includes disassembly, dismantling or destruction of the structure, building or structure specified in the executive document, or their separate designs, regardless of type, destination and The degree of completion, as well as the construction debris removal. 5. The enforcement of the eviction order, the release of the unoccupied premises or the demolition of the building, the building or the structure shall be carried out with the participation of witnesses (where necessary, with the assistance of the staff of the internal affairs agencies) with the preparation of The relevant act of eviction, the release of the unoccupied premises or the demolition of the building, the building or the construction or their separate structures and property inventory. 6. Where necessary, the bailiff shall ensure that the described property is stored with the costs incurred by the debtor. If, within two months from the date of the transfer of the property to the custody or to the custody of the debtor, the debtor has not taken the property in question, the bailiff shall, after the debtor's notice in writing, transfer the equipment in question to the realization in the order, established by this Federal Act. 7. Cash recovered from the sale of the debtor's property and remaining after reimbursement of execution costs shall be returned to the debtor. Not the money demanded by the debtor is stored in the deposit account of the bailiff's branch for three years. At the end of this period, the funds are transferred to the federal budget. 8. In order to forcibly evict and release non-residential premises, land or demolitions, buildings or structures or their separate constructions, the bailiff is entitled to involve the relevant specialized organization. 9. In order to ensure the forced eviction and release of unoccupied premises, land, or the demolition of a building, building or structure, the bailiff may request that the cost be incurred by the bailiff The application of enforcement measures, followed by compensation, at the expense of the debtor. 10. The application of enforcement measures shall be refunded in accordance with the procedure provided for in Chapter 16 of this Federal Law. "; 21) in article 112: (a) of Part 3, amend to read: " 3. The performing fee is set at seven per cent of the amount or the value of the property to be recovered, but not less than one thousand rubles from the debtor-a citizen or a debtor-an individual entrepreneor and ten thousand rubles from the debtor-organization. In case of non-execution of an executive document of non-property nature, the executive collection from the debtor-the citizen or the debtor-the individual entrepreneu is fixed in the amount of five thousand rubles, from the debtor-the organization-fifty thousand. "; b) to be supplemented by Part 3-1, to read: " 3-1. In respect of several debtors, in favour of one charge, the performance fee shall be set at seven per cent of the debtors of the debtors to recover the sum or the value of the recovered property, but not less than One thousand roubles from the debtor-a citizen or a debtor-an individual entrepreneor and ten thousand rubles from the debtor-the organization. ". President of the Russian Federation V. Putin Moscow, Kremlin 28 December 2013 N 441-FZ