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On Amendments To The Federal Law "court Bailiffs Act And The Federal Act" On Enforcement Proceedings "

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

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Federal Law On Amendments to the Federal Law "About bailiff" and Federal Law "About executive production" Accepted State Duma of the State Duma on February 28, 2014 Approved by the Federation Council on 5 March 2014 Article 1 Article 1 Amend the federal law dated 21 July 1997 N 118-FZ "On bailiage" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3590; 2000, N 46, sect. 4537; 2004, N 27, sect. 2711; N 35, sect. 3607; 2007, N 10, est. 1156; 2008, N 52, sect. 6235; 2009, N 29, sect. 3631; 2010, N 31, st. 4182; 2011, N 29, 100 4287; N 49, sect. 7067; N 50, sect. 7352; 2013, N 14, est. 1657; N 27, est. 3477; N 52, sect. 6953; 2014, N 6, est. (558) the following changes: 1) Article 3, paragraph 2, should read: " 2. The bailiff is an official in the public service. Upon taking office, the bailiff is sworn in as follows: " I, joining the ranks of the Federal Court of Justice, swearing allegiance to the people of Russia and the law, I solemnly swear: OF THE PRESIDENT OF THE RUSSIAN FEDERATION { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } observe discipline, established order of service relationships; preserve the state and other secret protected by law; treasure your professional honor, preserve and develop the best traditions of the Federal Service The bailials. Serving as the law! The procedure for swearing-in of the bailiff shall be established by the main judicial bailiff of the Russian Federation. "The observance of the oath shall be an integral part of the judicial bailiff's service discipline."; 2) in article 4, paragraph 5, of the words " the Chief of the Federal Court of Justice, the Chief Judicial Officer of the Russian Federation (hereinafter referred to as the main judicial bailiff of the Russian Federation) "shall be replaced by the words" the main judicial bailiff of the Russian Federation "; (3) in article 8 (2): (a) the fourth sentence should be supplemented with the words" and determines the order of the organization in this area "; b) paragraph The seventh, as follows: " determines the tactics of performing and search operations, and monitors the activities of officials of the Federal Service of the Judiciary, who are wanted by the debtor; property or search for a child; "; in) to supplement the new paragraphs 8 and 9 reading: " establishes the procedure for the service relationship of the bailiths and other officials of the Federal Judicial Service. and their service discipline, taking into account the traits OF THE PRESIDENT OF THE RUSSIAN FEDERATION ";"; ) paragraphs 8 to 14 are considered to be the tenth to sixteenth paragraphs; 4) in article 9, paragraph 2: (a) to add a new paragraph to the sixth paragraph. , to read: " when exercising control over "Enforcement of judicial acts, acts of other bodies and officials, if necessary, by separate executive acts;"; b) the sixth to eleventh paragraphs are considered to be paragraphs 7 to 12, respectively; 5) in paragraph 2 of article 10: (a) In the paragraph, the seventh paragraph of the "judicial bailiff units" shall be replaced by the words "Federal service of the bailiff service"; b) to add a new paragraph 14 to read as follows: " when enforcing enforcement court acts, acts of other bodies and officials commit separate executive actions; "; (c) the fourteenth paragraph is considered to be the fifteenth paragraph; 6) in article 11, paragraph 1: (a) to add a new paragraph , to read as follows: "to protect the buildings, offices of the Federal Court of Justice;"; b) the eighth to eleventh paragraphs are read as paragraphs 9 to 12; in) to supplement a new paragraph 13 to read: " The identification of the indicia of a crime to report this and send it to the chief of the inquest body (chief of the court bailiff) to make a decision in accordance with the procedure established by the criminal procedural law; "; g) of paragraphs twelfth to seventeenth in paragraphs 14 to 19, respectively; 7) in article 12: (a) in paragraph 1: paragraph 8 should read: " shall produce for administrative offences in accordance with the OF THE PRESIDENT OF THE RUSSIAN FEDERATION inquest (senior court bailiff) for a decision in accordance with the procedure established by the criminal procedure law. "; b) in paragraph 2: to add a new paragraph thirteenth to read: " of the debtor, its property and the search for a child "Search for information, search and search data from banks, and search for information on the basis of a court order." Process the necessary personal data for the production of persons, including details of persons and their property, to verify the identity of the citizen if there is reason to believe that he or his property is located in wanted or he/she is holding a wanted child for identification individuals, interview citizens, investigate documents, inspect possessions, inspect premises, buildings, structures, areas occupied by or belonging to wanted persons, as well as vehicles belonging to to the designated persons; "; paragraphs the thirteenth and fourteenth paragraphs, respectively, to the fourteenth and fifteenth paragraphs; 8) in article 13: (a) the words" The bailiff "shall be replaced by the words" 1. The bailiff "; b) add to paragraphs 2 and 3 as follows: " 2. The judicial bailiff is obliged not to disclose information that constitutes a personal and family secret. 3. The bailiff is obliged not to allow the execution of the executive actions to achieve the goals and objectives not provided for by the law on enforcement proceedings. "; 9) in article 14, paragraph 3, the words" on electronic media " Replace the words "in the form of an electronic document"; 10) in article 17, paragraph 1: (a) in the second paragraph of the words "and witnesses, as well as citizens in court", to replace the words ", witnesses and persons in the judicial system". Citizens ' premises, as well as officials of the Federal Court of "; b) to supplement the following paragraph: " To transmit the alien or stateless person subject to forcible removal beyond the borders of the Russian Federation ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION or to cause harm to the environment. "; 11) fourth paragraph Article 18, paragraph 1, should be supplemented by the words "as well as to buildings, offices of the Federal Judicial Police Service". Article 2 Article 2 Article 2 Amend the federal law dated October 2, 2007 No. 229-FZ "On executive production" (Russian legislature 2007, 2007, N 41, sect. 4849; 2009, N 1, article 14; N 29, est. 3642; N 39 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; N 30, est. 4039; N 51, sect. 6699; N 52, sect. 6948, 7006) the following changes: 1) in article 6-1: a) in Part 3: paragraph 2 Document; "; add to item 6-1 as follows: " 6-1) the amount of the outstanding arrears on the executive document; "; add the following to paragraph 9: " 9) Return information of an executive document on the basis of Article 46, paragraphs 3 and 4, of this Federal Act, or the end of the enforcement proceedings, on the grounds provided for in article 47, paragraphs 6 and 7, of this Federal Act. "; as well as information on the return of the executive document to the grounds set out in paragraphs 3 and 4 of article 46, paragraphs 3 and 4, of this Federal Act, or the termination of the enforcement proceeding pursuant to paragraphs 6 and 7 of the Covenant. Article 47, paragraph 1, of this Federal Act, which are publicly available within three years from the end of the executive production "; 2), to supplement article 14 with Part 2-1 as follows: " 2-1. The order of the court bailiff or other official of the bailiff service may be issued in the form of an electronic document signed by an enhanced qualified electronic signature of the bailiff or an ingoto OF THE PRESIDENT OF THE RUSSIAN FEDERATION The requirements for the format of a court bailiff order or other official of the bailiff service, rendered in the form of an electronic document, are established by the Federal Office of the Judiciary. "; 3) Part 2 of the article 30 add the following sentence: " A bubble may indicate in an application for the enforcement of the executive proceedings known to him about the debtor, and attach documents containing information about the debtor, property and other information that may be relevant to the in a timely and full implementation of the requirements of the executive document. "; 4) Part 1 of Article 31 to supplement paragraph 9 with the following content: " (9) the executive document is submitted for execution in violation of the provisions, Article 30, part 2-1 of this Federal Law. "; 5), to supplement article 34-1 as follows: " Article 34-1. Perform enforcement by a group enforcement 1. In case of difficulty or high volume of execution in order to comply more promptly and properly with the requirements it contains, the main judicial bailiff of the Russian Federation, the principal judicial bailiff of the constituent entity of the Russian Federation or a senior court bailiff may commission execution and enforcement of enforcement measures for such execution by several bailiers (hereinafter-the enforcement team). 2. The enforcement decree is issued by the Chief Justice of the Russian Federation, the principal judicial bailiff of the constituent entity of the Russian Federation or the senior judicial bailiff. 3. The enforcement order by the enforcement team shall specify the bailiers included in the enforcement group, as well as the head of the enforcement unit. 4. The main judicial bailiff of the Russian Federation, the principal judicial bailiff of the constituent entity of the Russian Federation or the senior court bailiff on the execution of the enforcement proceedings, also states that: The unit of the bailiff, which establishes a group of enforcement. 5. The Senior Trial Division of the Judicial Services Unit, which establishes a compulsory enforcement unit, exercises the powers established by the present Federal Law to the Chief Executive Officer for the enforcement proceedings, that has been adopted by the enforcement team in respect of the bailiers who are included in the enforcement group. 6. The principal judicial bailiff of the constituent entity of the Russian Federation, the senior judicial branch of the unit in the territory to which they are subject, is obliged to assist in the execution of an executive document (executive documents) A court bailiff who is a member of the enforcement group if he/she commits the enforcement action and (or) applies enforcement measures in the territory. 7. The head of the enforcement group and the executors of the enforcement team shall be responsible for executing the enforcement proceedings. The head of the enforcement group will organize the work of the enforcement group to fulfill the requirements of the executive document (executive documents), directs the actions of the bailiff's bailiers enforcement groups. 8. The executors of the enforcement team are required to inform the head of the enforcement team of all enforcement actions and enforcement actions taken by them the next day following the day of the said action or the application of the said measures. 9. The head of the enforcement group is free to carry out enforcement actions and (or) to apply enforcement measures, as well as to give judicial bailiers to the members of the force Enforcement, instructions for execution and/or application of enforcement measures, which are mandatory for these bailiers. 10. The head of the enforcement group of enforcement proceedings by the enforcement team shall decide: 1) to replace the party of the enforcement proceedings by its successor in the cases established by the enforcement authorities. Article 52 of this Federal Law; (2) on the consolidation of executive proceedings into the consolidated executive proceedings; 3) on the return of the suspension of the executive document; 4) on the suspension, Renewal, termination, and termination of the enforcement proceedings; 5) to commence enforcement proceedings in full or in part against orders to recover from the debtor the costs of execution and execution of the bailiff by the bailiff In the execution of the executive document, upon termination and termination of the main executive proceedings; 6) on the temporary restriction on the debtor's departure from the Russian Federation; 7) on the transfer of the debtor's property to Implementation, transfer of unrealized assets of the debtor to the prospector; 8) on the allocation of recovered funds; 9) for collection of the execution fee; 10) on the declaration of the search for the debtor, its property or search for the child; 11) Suspension or termination of the execution of a judicial act, act of another organ or official, grant of grace or installments, changes in the manner or manner of their execution to a court, other authority or an official who issued the order an executive document. "; (6) Part 2 of Article 38 is supplemented by the words" as well as in other in the cases provided for by this Federal Law "; 7) in article 43: (a) Part 2 to supplement paragraph 7 with the following: " 7) a record of the exclusion of a legal entity (i.e. " (b) (...) (...) (...) In the event of the cancellation of the court act which gave rise to the termination of the enforcement proceedings or the change of circumstances that led to the termination of the executive proceedings, it shall be renewed on the application of the breakout or initiative (8) article 46, paragraph 5, paragraph 5, after the words "not implemented" by the words "forcibly"; 9) in article 59, paragraph 1, of the words "and storage", delete; 10) in article 64: (a) In paragraph 5 of Part 1, the words "and storage" should be deleted; b) be supplemented with Part 4, to read: " 4. The executive action also has the right to make the main judicial bailiff of the Russian Federation, the principal judicial bailiff of the constituent entity of the Russian Federation, the senior judicial bailiff and their deputies in the monitoring of the established sphere activities. "; 11) in article 65: (a) the name should read: Article 65. Executive manhunt "; b), Part 1, as follows: " 1. In the cases prescribed by this article, the bailiff shall, in the course of the enforcement proceedings, declare the execution of the debtor, its property or the executive search for the child, provided that the other The actions provided for in this Federal Act did not make it possible to determine the location of the debtor, its property or the location of the child. "; in) to be supplemented by Part 1 of the following content: " 1-1. Under the executive search for the debtor, his property or the child's executive search for the child (hereinafter referred to as "tracing"), it is understood by the bailiff carried out by the bailiff, who is entrusted with the search function (hereinafter referred to as the bailiff). (a) Search for the location of the debtor, property of the debtor or the location of the child. "; d) Part 3, as follows: " 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, if the amount of the requirements of the executive document (executive documents) in respect of the debtor exceeds 10,000 rubles, as well as the requirements for the recovery of maintenance, compensation for the injury caused to his or her health, or death of a breadwinner, compensation for damage caused by a crime, compulsory work, penalty imposed as a penalty for the commission of a crime. "; d) Part 4, after the word" removal ", in addition to" or on transfer "; (e) in Part 7 of the word" judicial " by an executing agent entrusted with the search function (hereinafter referred to as the bailiff) "to replace the words" by the bailiff by the judicial bailiff "; ), part 8, as follows: editions: " 8. The order of the bailiff to search for or refuse the wanted notice is approved by the senior bailiff or his deputy. The wanted order is immediately enforceable. By this order, the search warrant is assigned to the judicial bailiff, the wanted person, or the bailiff, who is in the production of the relevant executive proceeding and who in this case enjoys the full powers of the bailiff of the search party. "; (c) in Part 9 of the word" wanted ", replace" wanted "; and) Part 10 should read: " 10. At the time of the investigation, the bailiff's bailiff is entitled to carry out the enforcement actions provided for by this Federal Law, as well as carry out the following search operations: to request from banks intelligence, search information and processing necessary personal data, including persons and their property, to verify the identity of the citizen if there are grounds assume that he or his property is wanted or is wanted by him keeps a wanted child, identify the person, interview the citizens, conduct inquiries, examine documents, inspect the property, inspect the premises, buildings, structures, areas occupied by the wanted persons Persons belonging to or belonging to them, as well as vehicles belonging to those persons. The procedure for organizing the search operation is determined by the federal executive body, which performs legal and regulatory functions in the sphere of justice. Performing actions is determined by the main judicial bailiff of the Russian Federation. "; c) to be supplemented with Part 10-1 as follows: " 10-1. The bailiff court has the right to apply enforcement measures in accordance with Part 7 of this article, as well as in cases of delay in accordance with article 35, paragraph 3, of this Federal Act. the law. "; l) to supplement 11 to 1 with the following content: " 11-1. In performing the search and search operations, the bailiff's bailiff is obliged to ensure respect for human and civil rights, privacy, personal and family secrets. It is not permitted to carry out search operations to achieve the goals and objectives not provided for in the legislation on enforcement proceedings, disclosure of information constituting personal and family secrets. "; 12) 4 of article 67, the word "issued" shall be replaced by "issued", and the words "is not a judicial act" shall be replaced by the words "is not a judicial act"; 13) in article 69, paragraph 1, the words "its enforcement" shall be replaced by the words "its enforcement". by the debtor by itself or by enforcement "; 14) Article 80 should be supplemented with Part 1-1 as follows: " 1-1. Arrest of property of the debtor on an enforcement document containing a request for the recovery of funds, excluding the seizure of funds, the seizure of the mortgagee to be recovered in favour of the mortgagee, and the seizure of property The executive document containing the attachment requirement shall not be allowed if the enforcement amount does not exceed 3,000 roubles. "; 15) in article 85: (a) in Part 4: paragraph 3 after The words "stated by the evaluator in the report" should be supplemented by the words " is mandatory for the bailiff's bailiff, but "; to supplement paragraph 4 with the following sentence: " 4) sends the parties a copy of the assessment report on the results of the evaluation report no later than three days from of the day of its receipt. "; b) Part 8 should read: " 8. If the period of validity of the debtor's property assessment report has expired, the bailiff is obliged to engage the appraiser within one month of the expiration of the specified period of time. to reassess the property of the debtor in the manner prescribed by this article. "; 16), article 87, paragraph 1, shall be restated as follows: " 1. In the absence of a dispute over the value of the property of the debtor, which does not exceed 30,000 rubles, the debtor has the right to dispose of such property on its own. The enforcement of the property of the debtor shall be effected by the sale of the property by the specialized organizations engaged in the procedure established by the Government of the Russian Federation. The specialized organization is required within 10 days from the date of receipt of the property of the debtor on the act of receiving-transfer to post information on the property sold in the public information and telecommunications networks, and on the property, in the form of a trade, also in printed media. "; 17), to supplement article 87-1 as follows: " Article 87-1. Self-implementation of the property by the debtor 1. The debtor has the right not to exceed ten days from the date of its assessment of the property taken by the bailiff or the assessor. A thousand roubles. 2. When an application for independent disposal is received from the debtor, the value of which does not exceed 30,000 rubles, the bailiff shall issue a decision to postpone the application of the enforcement measures, in which determines that the money in the amount specified in the assessment of such property collected by the debtor is to be transferred to the bailiff's deposit account within a period not exceeding ten days from the date To issue an order, and warn the debtor of responsibility for the commission The consequences of the unlawful actions on such property and the consequences of its non-realization. 3. In the case of the non-fulfilment of the property by the debtor, the value of which does not exceed 30,000 rubles, the bailiff shall submit the proposal to the debtor to leave such property and, in the event of the failure of the The non-expendable property shall be ordered to be transferred to the enforcement side, a copy of which shall be sent to the parties of the enforcement proceeding not later than the day following the date of delivery. "; 18) add the following article 87-2: " Article 87-2. Abandon the property, not of the self-implemented debtor , 1. A prospector within a period not exceeding ten days from the date of its notification that the value of the property of the debtor which has been evaluated by the court bailiff or appraiser does not exceed 30,000 rubles, is entitled to apply for the retention of The claim is for the same losses. 2. The bailiff shall, in the absence of a motion by the debtor for self-implementation, or in the case where the debtor does not enter into a fixed term of property, the value of which does not exceed RUB 30,000, on the basis of an application The prospector shall issue an order for the transfer of the equipment in question at a price determined by the bailiff or the assessor. 3. If the value of the property of the debtor exceeds the amount payable under the executive order, the prospector shall have the right to retain such property, subject to the simultaneous transfer of the corresponding difference to the deposit account The bailiff units. 4. Upon receipt of applications for abandonment of property, the value of which does not exceed 30,000 rubles, from several of the breakers of one queue, the property shall be transferred in accordance with the order of receipt of the executive documents in The bailiff unit. 5. Transfer by the bailiff of property of the debtor to the debtor is issued by an act of acceptance-transfer. 6. In the event of a failure to transfer the property of the debtor, the value of which does not exceed 30,000 rubles, or the non-receipt of such unrealized property, the property is subject to enforcement Implementation. "; 19) Part 1 of Article 125 to supplement paragraph 1-1 with the following content: " 1-1) will challenge the results of the valuation of property made by the appraiser; ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 12 March 2014 N 34-FZ