After finishing judicial trial the next procedural stage begins - enforcement proceedings. In order to initiate the enforcement of a judgment, the recoverer must submit to the territorial division of the FSSP the received writ of execution and application bailiffs subject to certain procedural requirements.
Having considered the petition submitted to the bailiff and other documentation in the case, the FSSP specialists decide within a seven-day period to initiate enforcement proceedings or refuse to initiate it.
The preparation and submission of applications to bailiffs is a rather important step, since it is with this procedural procedure that interaction with the bailiff begins, which will continue to conduct enforcement proceedings. Therefore, it is extremely important that the petition to the bailiff-executor be drawn up competently, clearly and meaningfully.
To correctly draw up a petition requiring the initiation of enforcement proceedings, you can use the sample petition to the bailiff or use the recommendations below.
In the application to the bailiffs, the applicant must indicate the following information:
In petition bailiff it is also desirable to indicate the details of the debtor, if they are known to the recoverer of funds. This information can act as an auxiliary tool for the bailiff carrying out enforcement proceedings in the case. Such assistance in collecting information about the debtor, in turn, can significantly reduce the collection time.
The following information about the debtor may be useful:
It is also desirable in the application to the bailiff, in addition to the required data, to indicate all available telephones and other contacts of the claimant (for example, the address Email). This is necessary for prompt communication if the bailiff conducting the enforcement proceedings has questions or some important information about the case.
A petition to the bailiff service can be submitted in person or sent with notification by mail.
Application examples and templates can be downloaded from our website.
from 10/05/2019
Sometimes a petition to a bailiff helps to enforce a court decision in more short time. And sometimes, on the contrary, slow down the process or suspend it. Everything depends on the goal. Along with the parties, any participant in the procedure can submit a petition to the bailiff. representatives, employers, banking organizations, translator, etc.
The petition is addressed, as a rule, to the bailiff. But in principle, it can also be submitted to the name of the senior, chief bailiff, etc. And the officials are obliged to consider the document, and inform the applicant about the results.
Most of the applications that may be received in the process of enforcement proceedings are expressly provided for by the Law. These are statements on the stages of enforcement proceedings (,), on enforcement actions (,), etc. Examples of the preparation and submission of such documents are given on our website. If the sample application you are looking for is not available on the site, please use the sample below.
bailiff-executor
Gagarinsky OSB U FSSP of Russia in Moscow
Collector: Pomeschikova Elena Viktorovna
address: Moscow, st. Ulyanova, 35, apt. 8
tel. 695602565156
within the framework of enforcement proceedings No. 1528/15/545612/2021
In the production of the Gagarin OSP UFSSP of Russia for Moscow is dated November 20, 2021 No. 1528/15/545612/2021. On the basis of a court order for the recovery of alimony No. 1-665/15 dated October 17, 2021, issued by the judicial district No. 5 of the Gagarinsky district of Moscow. I am the recoverer in the framework of the said enforcement proceedings, the debtor is Konstantin Sergeevich Pomeschikov.
The bailiff's ruling issued based on the results of consideration of the petition shall be sent to the applicant, the parties, to the court (another body) that issued the writ of execution.
Clarifying questions on the topic
Olga
legal adviser
Yuri
legal adviser
Elena
legal adviser
Catherine
Hello Sergey!
You are not required to send enforcement proceedings (because by law you have the right to get acquainted with them personally or through a representative). But to respond to the request for information on the course of enforcement proceedings - they must. This is confirmed, among other things, by the following document:
« Guidelines on determining the procedure for considering applications, petitions of persons participating in enforcement proceedings"
(approved by the FSSP of Russia on April 11, 2014 N 15-9)
1.4. An official of the bailiff service (senior bailiff, his deputy, bailiff) in accordance with Art. 64.1 of the Law, applications (petitions) are considered on the following issues:
performance of executive actions, provided for by Art. 64 of the Law (including on the establishment of a temporary restriction on the departure of the debtor from Russian Federation, checking the correctness and timeliness of the transfer Money, on the distribution of collected funds and their transfer to claimants and other enforcement actions);
application of enforcement measures in accordance with Art. 68 of the Law (including on foreclosure on the debtor's property, on applying to the registering authority to register the transfer of the right to property);
on the correction of clerical errors or obvious arithmetic errors made by him in the decision (part 3 of article 14 of the Law);
on the set-off of counter homogeneous claims in accordance with Art. 88.1 of the Law;
to cancel the decision to terminate enforcement proceedings in accordance with Part. 9 Article. 47 of the Law;
on the conduct of enforcement proceedings by the enforcement group in accordance with Art. 34.1 of the Law;
on other issues related to the competence of these officials.
In the application, you must indicate in great detail the issues that interest you in enforcement proceedings (on measures to search for property, on seizure, etc.). The list of these questions is in the document that the colleague posted, just ask for information about these events, and not copies of the documents, otherwise they will most likely refuse.
Send the request by registered mail with notification (and preferably with a description of the attachment).
The term for consideration of the application is 10 days (this is the period for issuing a decision on the satisfaction of the application or on refusal). But do not confuse this period with the answer to the request itself - it applies here general term consideration of appeals - 30 days (according to the Federal Law of May 2, 2006 No. 59-FZ "On the Procedure for Considering Appeals from Citizens of the Russian Federation").
4.1. Upon receipt for consideration by the FSSP of Russia, the territorial bodies of the FSSP of Russia, structural subdivisions of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of Applications Submitted within the federal law dated 02.05.2006 N 59-FZ “On the procedure for considering applications from citizens of the Russian Federation” and containing, among other things, statements (petitions) in accordance with Art. 64.1 of the Law, officials of the bailiff service:
consider applications (petitions) in the manner and terms established by Art. 64.1 of the Law, with the issuance of relevant resolutions;
consider other arguments of the appeal in accordance with the Federal Law of May 2, 2006 N 59-FZ “On the Procedure for Considering Appeals of Citizens of the Russian Federation” with the preparation of a reasoned response containing, among other things, information on the results of consideration of the application (petition).
If you do not receive a response to the petition within the prescribed period, then you have the right to file a complaint with the FSSP Directorate against the actions of the senior bailiff (this is why the petition must first be addressed to him).
In general, this is the procedure for obtaining information on your own. But as the colleagues correctly pointed out above, the best way would be to involve someone to familiarize yourself with the materials of the enforcement proceedings and send you copies. It will be both faster and more efficient.
Non-execution of court decisions has long grown into a systemic problem and is one of the most serious diseases of Russian legal proceedings. After all, the entire justice system is discredited if the decisions of the judicial body are not actually implemented. For what is the point of a judgment whose decisions are not enforced?
A big "contribution" to this problem is made by bailiffs. And if at the stage of the trial you are fighting with the defendant (and sometimes with the court), then at the stage of execution of the decision you have to fight with the bailiff, although, according to the law, he must assist in the realization of the rights of the claimant.
Considering the foregoing, one should not expect a miracle from the bailiff, or at least minimal necessary action within the framework of enforcement proceedings (hereinafter - and / p), you need to take the initiative into your own hands and act on your own!
First of all, I would recommend contacting the bailiff with a petition detailing what measures and actions within the framework of i / p he, in your opinion, should be taken. Especially if you are aware that the debtor has any property that can be foreclosed on, or some non-obvious source of income/property.
There are at least two positive effects of such an action:
The right to file motions by the party and / p is provided for by Art. 64.1 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings". Also, some issues related to the filing and consideration of such petitions are set out in the “Methodological recommendations for determining the procedure for considering applications, petitions of persons involved in enforcement proceedings” (approved by the FSSP of Russia on April 11, 2014 N 15-9).
Petitions may be filed at any stage of enforcement proceedings, including, simultaneously with the filing of an application for initiation of enforcement proceedings. I recommend doing just that. An application is submitted to the PCB in which the i / p.
Petition for general rule must be considered within ten days from the date of receipt (+ three days is given for its registration). Based on the results of the consideration, a decision is issued to satisfy in whole or in part, or to refuse to satisfy the application, which is to be sent to the parties and/p.
In case of satisfaction, the bailiff in the decision indicates what enforcement actions have been committed (to be committed) and (or) what enforcement measures have been applied (to be applied).
This is perhaps the most important part. In the petition, you can ask for various enforcement actions and enforcement measures.
In particular, the application may contain the following requirements:
on the commission of executive actions, provided for by Art. 64 229-FZ;
on the application of enforcement measures in accordance with Art. 68 229-FZ;
on the correction of clerical errors or obvious arithmetic errors made by him in the resolution (part 3 of article 14 229-FZ);
on the set-off of counter homogeneous claims in accordance with Art. 88.1 229-FZ;
to cancel the decision to terminate enforcement proceedings in accordance with Part. 9 Article. 47 229-FZ;
on the conduct of enforcement proceedings by the enforcement group in accordance with Art. 34.1 229-FZ;
on other issues related to the competence of officials.
In the manner prescribed by Art. 64.1 229-FZ, the following applications are not subject to consideration:
on the postponement of enforcement actions and the application of enforcement measures in accordance with Part. 3.1 of Art. 38 of the Law;
on the suspension of enforcement proceedings by the bailiff in accordance with Part. 4 Article. 45 of the Law;
on declaring the wanted list of the debtor, his property, the child in accordance with Art. 65 of the Law;
on the seizure of the property of the debtor in accordance with Article. 80 of the Law;
complaints against decisions, actions (inaction) of officials of the FSSP of Russia, filed in the order of subordination in accordance with Chapter 18 of the Law;
on challenge in enforcement proceedings in accordance with Part. 3 Article. 63 of the Law;
If you are aware of some property of the debtor, it is advisable to first of all indicate this and ask to seize / levy execution on him, etc. It is also effective, first of all, to petition for a ban on the debtor's departure from the Russian Federation, establishing his marital status, declaring his property wanted.
To determine the application of which actions and measures it is necessary to ask the bailiff, can refer to the content of Art. 64, 68 and other articles 229-FZ. But the list of actions and measures in these articles is open, while many actions are not specified, therefore, I would like to draw your attention to the following document.
The letter of the Federal Bailiff Service of Russia dated 05.04.2013 N 12 / 14-9417-RS “On the organization of the search for debtors in enforcement proceedings to recover a fine imposed as a punishment for committing a crime” provides for a minimum list of actions of a bailiff performing a search in the production of a search debtors (citizens or organizations), their property. This list provides a wide range of more specific actions and measures that can be taken by a bailiff. I recommend that when drawing up applications, you should be guided by this document, taking into account the specific i / p, choose appropriate measures and actions.
I also note that one petition may contain requirements for taking measures in several enforcement proceedings.
By pushing (and sometimes forcing) the bailiff to take certain actions, you increase the chance for effective and speedy execution of the court decision.
As an example of the effectiveness of such a measure, I enclose the response of a higher body of the SSP, with which the bailiff was ordered to consider the petition and take action on it. As well as the decision on the application to challenge the decision to end the enforcement proceedings, by which this decision was declared illegal, largely due to the fact that the application was not considered and resolved by the bailiff on the merits.
APPROVE
Director
Federal Judicial Service
bailiffs - chief judicial officer
bailiff of the Russian Federation
A.O. Parfenchikov
April 11, 2014
1.1. Federal Law No. 49-FZ of April 5, 2013 "On Amendments to the Federal Law "On Enforcement Proceedings" and Certain Legislative Acts of the Russian Federation", which entered into force on May 9, 2013, Federal Law No. 229-FZ of October 2, 2007 "On Enforcement proceedings" (hereinafter referred to as the Law) was supplemented with Art. 64_1 "Consideration of applications, petitions of persons participating in enforcement proceedings" .
1.2. According to part 1 of article 64_1 of the Law, applications, petitions of persons participating in enforcement proceedings (hereinafter referred to as applications (petitions)) may be submitted at any stage of enforcement proceedings.
1.3. In accordance with Article 64_1 of the Law, applications (petitions) are subject to consideration, based on the results of consideration of which an official of the Bailiff Service makes an appropriate procedural decision, except in cases where the Law establishes a special procedure for considering an application, in particular:
on the postponement of enforcement actions and the application of enforcement measures in accordance with Part 3_1 of Article 38 of the Law;
on the suspension of enforcement proceedings by a bailiff in accordance with Part 4 of Article 45 of the Law;
on declaring the wanted list of the debtor, his property, child in accordance with Article 65 of the Law;
on the seizure of the debtor's property in accordance with Article 80 of the Law;
complaints against decisions, actions (inaction) of officials of the FSSP of Russia, filed in the order of subordination in accordance with Chapter 18 of the Law;
on challenge in enforcement proceedings in accordance with Part 3 of Article 63 of the Law;
in other cases provided by the Law.
1.4. An official of the Bailiff Service (senior bailiff, his deputy, bailiff) in accordance with Article 64_1 of the Law
performance of enforcement actions provided for in Article 64 of the Law (including the establishment of a temporary restriction on the debtor's departure from the Russian Federation, the verification of the correctness and timeliness of the transfer of funds, the distribution of the collected funds and their transfer to claimants and other enforcement actions);
the application of enforcement measures in accordance with Article 68 of the Law (including foreclosure on the debtor's property, on applying to the registering authority to register the transfer of the right to property);
on the correction of typographical errors or obvious arithmetic errors made by him in the decision (part 3 of article 14 of the Law);
on the set-off of similar counterclaims in accordance with Article 88_1 of the Law;
on the abolition of the decision to terminate the enforcement proceedings, in accordance with Part 9 of Article 47 of the Law;
on the conduct of enforcement proceedings by the enforcement group in accordance with Article 34_1 of the Law;
1.5. The chief bailiff of the Russian Federation (chief bailiff of a constituent entity of the Russian Federation), deputies of the chief bailiff of the Russian Federation (deputy chief bailiff of a constituent entity of the Russian Federation) in accordance with Article 64_1 of the Law consider applications (petitions) on:
transfer of enforcement proceedings from one territorial body of the FSSP of Russia (a structural subdivision of the territorial body of the FSSP of Russia), the Office for the Execution of Particularly Important Enforcement Proceedings to another in accordance with Part 9 of Article 33 of the Law;
determination of the place of conducting consolidated enforcement proceedings in accordance with Parts 2, 3 of Article 34 of the Law;
corrections of typographical errors or obvious arithmetical errors made by him in the decision (part 3 of article 14 of the Law);
on other issues related to the competence of these officials.
2.1. The application (petition) of the persons participating in the enforcement proceedings, no later than the day following the day of receipt by the bailiff unit, is registered in the system electronic document management with the addition of the letter "X" to the registration number.
The following are not subject to registration as applications (petitions), including those containing a reference to Article 64_1 of the Law:
statements to initiate enforcement proceedings containing petitions in accordance with Part 2 of Article 30 of the Law;
appeals of persons participating in enforcement proceedings with requirements to report on the progress of enforcement proceedings.
Also, appeals that do not contain specific requirements for the performance of enforcement actions or the application of enforcement measures are not subject to registration as applications (petitions).
These appeals and the petitions contained in them are considered in the manner and within the time limits established by the Law.
If one application (petition) contains requirements for taking measures in several enforcement proceedings, then it is registered as one petition, with subsequent adoption of procedural decisions for each enforcement proceedings separately.
2.2. In accordance with Article 64_1 of the Law, an application (petition) is submitted for consideration to an official of the Bailiff Service within three days from the date of receipt this statement(petitions) to the division of bailiffs.
2.3. If the official who received the application (petition) is not authorized to consider it, the specified official is obliged to send the application (petition) to the official of the Bailiff Service authorized to consider it within three days. At the same time, the person who submitted the application (petition) is notified of the transfer for consideration to another official of the FSSP of Russia.
Upon receipt by the FSSP of Russia of applications (petitions), procedural decisions on which must be made by the chief bailiff of the constituent entity of the Russian Federation (his deputy), such applications (petitions) are redirected to officials authorized to consider them within three days with notification of this in writing the form of the person who submitted the application (petition).
In the event that the FSSP of Russia receives applications (petitions), procedural decisions on which must be made by a senior bailiff or bailiff, such applications (petitions) are redirected to the administrative apparatus of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings within three days to transfer it to the authorized person to consider it with the appropriate notification of the applicant.
Upon receipt by the administrative apparatus of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of applications (petitions), procedural decisions on which must be made by a senior bailiff (his deputy) or a bailiff, such applications (petitions) are redirected to officials competent to consider them, within three days with a written notification of the person who submitted the application (petition).
2.4. The official of the Bailiff Service, in accordance with Part 5 of Article 64_1 of the Law, considers the application (petition) within ten days from the date of receipt of the application (petition).
2.5. When calculating the terms provided for in Article 64_1 of the Law, it is necessary to be guided by Part 2 of Article 15 of the Law, non-working days are not included in the indicated terms.
3.1. Based on the results of consideration of the application (petition), the official of the Bailiff Service makes the following procedural decisions:
on satisfaction in full or in part of the application (petition), on which a decision is made (Appendix N 1);
on the refusal to satisfy the application (petition), on which a decision is made (Appendix No. 2);
on the refusal to consider the application (petition) on the merits (Appendix No. 3).
If the application (petition) is satisfied, the procedural decision made by the official of the Bailiff Service is formalized as an appropriate decision, which is issued within the time period established for consideration of the petition, or simultaneously with the decision to satisfy the application (petition) in full or in part.
At the same time, it is allowed to issue the above decisions in one procedural document.
If it is impossible to take enforcement actions or take enforcement measures within the period established for consideration of the application (petition), the decision to satisfy the application (petition) in full or in part shall indicate the enforcement actions to be taken and (or) enforcement measures, which are subject to application in the framework of enforcement proceedings based on the results of consideration of the application (petition).
3.2. If the application (petition) is partially satisfied, the official shall indicate in the resolution in which part the application (petition) is subject to satisfaction, as well as the grounds for refusing to satisfy other requirements.
3.3. The decision to refuse to consider the application (petition) on the merits may be taken if the application (petition) does not contain the signature of the person participating in the enforcement proceedings, the absence of documents confirming the authority of the person to participate in the enforcement proceedings.
3.4. In accordance with Part 7 of Article 64_1 of the Law, a copy of the decision of an official of the Bailiff Service, no later than the day following the day of its issuance, is sent to the applicant, debtor, recoverer, as well as.
4.1. Upon receipt for consideration by the FSSP of Russia, the territorial bodies of the FSSP of Russia, structural subdivisions of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of Applications Submitted in the Framework of Federal Law No. 59-FZ of 02.05. "and containing, among other things, statements (petitions) in accordance with Article 64_1 of the Law, officials of the Bailiff Service:
consider applications (petitions) in the manner and terms established by Article 64-1 of the Law, with the issuance of relevant decisions;
consider other arguments of the appeal in accordance with the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" with the preparation of a reasoned response containing, among other things, information on the results of consideration of the application (petition).
4.2. Decisions of officials issued in accordance with Article 64_1 of the Law may be disputed (appealed) in the manner prescribed by chapters 17, 18 of the Law.
RESOLUTION |
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Excited |
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(Name |
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SET UP: |
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Having considered the applicant's arguments, | ||||||||||||||||||||||||||||||
recognizes the circumstances set forth in the application (petition) to be satisfied |
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(indicate the circumstances of the application (petition) that are not subject to satisfaction) |
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application (petition) | ||||||||||||||||||||||||||||||
(title of the official of the FSSP of Russia) |
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recognizes as unreasonable and not subject to satisfaction in connection with | ||||||||||||||||||||||||||||||
RESOLVED: |
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1. Application (petition) | to satisfy |
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(full name (name) of the applicant) |
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(if the application (petition) is satisfied in part, indicate in which part) |
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2. In satisfaction of the application (petition) | ||||||||||||||||||||||||||||||
(full name (name) of the applicant) |
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refuse. |
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(indicate in which part the application (petition) was denied) | ||||||||||||||||||||||||||||||
3. As part of enforcement proceedings N | ||||||||||||||||||||||||||||||
(indicate enforcement actions and (or) enforcement measures, |
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committed or to be committed upon satisfaction of the petition) |
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4. Send copies of the decision to: |
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the applicant | ||||||||||||||||||||||||||||||
(full name (name), address) |
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debtor | ||||||||||||||||||||||||||||||
(full name (name), address) |
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claimant | ||||||||||||||||||||||||||||||
(full name (name), address) |
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to the court, other body or official who issued the writ of execution | ||||||||||||||||||||||||||||||
(name, address) |
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(name, address) | ||||||||||||||||||||||||||||||
(title of the official of the FSSP of Russia) | (signature) | (full name) |
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________________ |
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RESOLUTION |
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(name and address of the territorial body of the FSSP of Russia (its structural subdivision), |
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title of the official of the FSSP of Russia, full name of the official of the FSSP of Russia) |
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having considered the materials of enforcement proceedings N | Excited |
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based on executive document | ||||||||||||||||||||||||||
(Name |
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executive document, its details, |
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Full name (name) and address of the debtor and claimant, subject of execution) |
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SET UP: |
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received an application (petition) for | ||||||||||||||||||||||||||
(indicate the circumstances set out in the application (petition)) |
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(full name (name) of the applicant) |
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Having considered the applicant's arguments, | ||||||||||||||||||||||||||
(title of the official of the FSSP of Russia) |
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recognizes the requirements set forth in the application (petition) as not subject to satisfaction in connection with |
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(indicate the grounds for refusal to satisfy the application (petition)) |
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RESOLVED: |
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1. In satisfaction of the application (petition) | ||||||||||||||||||||||||||
(full name (name) of the applicant) |
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refuse. |
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the applicant | ||||||||||||||||||||||||||
(full name (name), address) |
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debtor | ||||||||||||||||||||||||||
(full name (name), address) |
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claimant | ||||||||||||||||||||||||||
(full name (name), address) |
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to the court, other body or official who issued the writ of execution | ||||||||||||||||||||||||||
(name, address) |
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to the territorial body of the FSSP of Russia (its structural subdivision), on execution in which |
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there is enforcement proceedings | ||||||||||||||||||||||||||
(name, address) | ||||||||||||||||||||||||||
The decision can be appealed in order of subordination to a higher official of the bailiff service or challenged in court within ten days. |
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(title of the official of the FSSP of Russia) | (signature) | (full name) |
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________________ |
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RESOLUTION |
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(name and address of the territorial body of the FSSP of Russia (its structural subdivision), |
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title of the official of the FSSP of Russia, full name of the official of the FSSP of Russia) |
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considering the application (petition) | |||||||||||||||||||||||
SET UP: |
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received an application (petition) for | |||||||||||||||||||||||
(indicate the circumstances set out in the application (petition)) |
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(full name (name) of the applicant) |
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It is established that the application (petition) | |||||||||||||||||||||||
(full name (name) and address of the applicant) |
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(indicate the grounds for refusal to satisfy the application (petition)) |
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Based on the foregoing, guided by Article 14 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings", |
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RESOLVED: |
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1. In consideration of the application (petition) | |||||||||||||||||||||||
(full name (name) of the applicant) |
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essentially refuse. |
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2. Send copies of the decision to: |
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the applicant | |||||||||||||||||||||||
(full name (name), address) |
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debtor | |||||||||||||||||||||||
(full name (name), address) |
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claimant | |||||||||||||||||||||||
(full name (name), address) |
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to the court, other body or official who issued the writ of execution | |||||||||||||||||||||||
(name, address) |
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to the territorial body of the FSSP of Russia (its structural subdivision), on execution in which |
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there is enforcement proceedings | |||||||||||||||||||||||
(name, address) | |||||||||||||||||||||||
The decision can be appealed in order of subordination to a higher official of the bailiff service or challenged in court within ten days. |
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(officer of the bailiff service) | |||||||||||||||||||||||
(signature) | (full name) |
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________________ |
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Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Bulletin of the Federal Service
bailiffs,
N 7, 2014 (order);
newsletter (applications)
