Executive documents in Executive procedure ensure the enforcement of judicial decisions. In current legislation there is no comprehensive definition of such securities. Standards are set, their characteristics and peculiarities, rules for submission and some other nuances. Next, consider in detail what constitutes the Executive documents.
Analyzing the rules of law regulating the enforcement proceedings, it is possible to give a General definition of The Executive document. This paper instructing to commit or not to commit a certain action. Issued a document by the competent authority in the prescribed manner and subject to enforcement.
Executive document – act, composed in a certain form. A key feature is the presence of the power requirements for compulsory execution.
It Should be noted that Executive document – paper, having independent legal significance. During the proceedings the reasons for its issuance not play any role. Executive document – the only mandatory basis for the commencement of compulsory execution of the debtor's obligations.
In accordance with article 12 of Federal law No. 229, Executive documents include:
Needless to say, the above list is not considered closed. Executive document may be the act of the other bodies if it is established by regulatory legal acts of Federal level. So, the fundamentals of legislation on notaries in Chapter XVI include the Institute of notarial inscriptions made in the documents establishing the monetary obligation. The recovery on them is carried out according to the rules provided for the execution of court decisions.
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Not recognized by the Executive documents of the Ordinance:
They are fixed in the Federal law № 229. The Executive documents of the court or other authorized their of on results should contain:
They allowed in accordance with article 13 of the Federal law № 229. Normal provision for the possibility of derogations from the above requirements in respect of the decision of an employee of the Federal bailiff service, judicial orders, and the agreements on payment of alimony, certified by a notary public.
In some cases, allowed the inclusion of additional information in the act. For example, in The Executive document on collecting of money Funds may be the date on which to start implementation of the requirements. This is possible if prior to its issuance to the debtor has been granted a deferment/installment debt.
SLUDGE is sent to the FSSP directly by the claimant or his agent, empowered, unless otherwise provided by law. The Executive document should make a statement. However, this rule provides for the exception.
No statements may be the production aimed at the execution of the decision of the bailiff for the recovery of expenses incurred in connection with the Commission of Executive actions, fees and fines imputed to the employees in accordance with rules of order.
The Application may contain a request for application of interim measures. For example, the creditor may request the seizure of property of the debtor, to establish the limitations of the Federal law № 229.
They can be standard and individual. First incorporated into legislation. Individual terms are defined or in the instrument or act on the basis of which it was issued.
According to the General rules, IL, issued on the basis of the court's judgments may be subject to execution within three years. The calculation starts from the date of entry of the act into effect.
IL containing requirements for the return of the child, illegally detained or displaced in the Russian Federation, can be submitted for execution during the year. The calculation is also carried out from the date the court decision comes into force. The IL on the recovery of periodical payments, can be executed during the period for which the amounts were awarded. In addition, provisions contained in them can be implemented for three years after its expiration.
To fulfill the requirements of licences issued by the Commission on labour disputes, are executed within three months from the date of issuance.
The Timing of execution of documents not stipulated by article 21 of the Federal law № 229, are determined in accordance with the provisions of other Federal laws.
If the debtor relief provided for in the court order or Federal law, during the period for filing IL execution starts after the end date of the installment/deferral. This rule does not apply to the documents concerning the recovery of a fine, imputed the Commission of a crime.
It says in the article 6.1 of the Federal law № 229. According to the standard, FSSP generates and maintains The Bank of Executive documents.
The system database contains the information necessary to implement enforce the provisions of acts of courts and other bodies and their employees.
Rules for creating and maintaining a database approved by order of the chief bailiff of the Russian Federation. The Public is information on:
The Information above should be considered publicly available prior to the date of completion (termination) of production. The exception is information about the announcement in search of the child, of the debtor or its property. They remain available to the public before the discovery of material values or specified citizens. For three years access to the information on the return of the SLUDGE collector and the end of production.
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Alin Trodden - author of the article, editor
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