CHAPTER 36
PROCEDURE FOR EXECUTIVE ACTIONS
Article 483. Place of performance
Execution according to executive documents is carried out by a bailiff of the court, in the area of activity of which the debtor lives or works, or at the location of his property; if the debtor is a legal entity - at the location of the executive body of this person or at the location of its property.
If in the process of execution the debtor left for the area of another court and there is no property left that could be levied at the debtor's former place of residence, the judge sends the writ of execution to the court at the debtor's new place of residence, of which he notifies the recoverer.
Article 484. Initiation of enforcement proceedings
The bailiff initiates enforcement proceedings within three days after receiving duly executed enforcement documents and an oral or written application of the exactor. In addition, enforcement proceedings are initiated by a bailiff on the initiative of:
1) a prosecutor in accordance with Article 81 of this Code, a court in accordance with Article 463 of this Code;
2) state bodies, legal entities and citizens, protecting the rights of other persons on their own behalf in cases provided for in Articles 85-87 of this Code.
The bailiff, after checking by the judge the correctness of the execution of the writ of execution, the existence of the right to enforcement and compliance with the procedure for its implementation, initiates enforcement proceedings. In this case, the bailiff makes an entry indicating the date in the enforcement document, the parties are notified, and the debtor is sent a proposal to voluntarily execute the decision within the time limits specified in Article 467 of this Code.
The court refuses to initiate enforcement proceedings:
1) if there is a court ruling on accepting the claimant's refusal to collect;
2) if there is a court ruling on approval of a settlement agreement between the recoverer and the debtor;
3) if after the death of a citizen or liquidation legal entity who were a recoverer or debtor, claims or obligations cannot be transferred to their successors;
4) if the limitation period established by law has expired for this type of recovery;
5) if the decision of the relevant body, on the basis of which the enforcement document was issued, is cancelled;
6) in other cases provided for by law.
In case of refusal to initiate enforcement proceedings after the expiration of the time limit for appealing the judge's decision, the enforcement document is sent to the court or other body that issued the document.
The bailiff returns the writ of execution to the person initiating the enforcement proceedings, in case of detection of an incorrect execution of the writ of execution, submission of the writ of execution not at the place of execution, violation of the conditions provided for in part one of this article.
The return of the writ of execution is not an obstacle to the new presentation of the writ of execution for execution after the elimination of the violations noted by the bailiff.
Article 485. Executive actions
The bailiff has the right to perform the following actions during enforcement:
1) summon the debtor to court to familiarize him with the enforcement documents and invite him to voluntarily execute the enforcement document;
2) to seize property, including cash within the amount necessary for the execution of the enforcement document and reimbursement of the costs of execution, owned by the debtor and held by him or other persons;
3) inspect the premises and storage facilities of the debtor;
4) to carry out, in accordance with the procedure established by law, the sale of the described or seized property of the debtor;
5) receive oral or written information from the parties and other persons, if it is necessary for the execution.
In addition, a bailiff may perform other necessary actions provided for in Article 482 of this Code and other laws of the Republic of Belarus.
On non-working days and at night, the execution of decisions is allowed only in cases of urgency, and with the permission of the judge of the court in which the bailiff is a member.
Article 486
The expenses necessary for the execution of the enforcement document, including the storage and transportation of the debtor's property, the publication of the sale of property at auction, the payment of experts and specialists, the payment for the travel of the bailiff to the place of execution, are made according to the estimate of the court at which they are members.
These expenses are collected from the debtor in favor of the state by court order, regardless of the collection of property from him, including funds, according to the executable document.
In the event of compulsory performance of property recovery actions, according to a court ruling, the court collects a sum of money from the debtor in the amount of five percent of the amounts collected to the state revenue, as well as in favor of citizens or legal entities.
The main departments, departments (departments) of justice of the regional, Minsk city executive committees, regional, Minsk city courts, the Ministry of Justice of the Republic of Belarus use these funds to remunerate bailiffs, as well as to improve the material and technical base of courts.
At the same time, the bailiff who ensured the real and timely execution of the writ of execution is paid from these funds a remuneration in the amount of not more than ten basic units.
In case of partial execution of a writ of execution for reasons beyond the control of the bailiff, remuneration is paid in the amount of up to five basic units.
These determinations may be appealed or protested.
Article 487. Search for a debtor
If the place of residence (place of stay) or location of the debtor is unknown in cases of recovery of alimony, recovery of expenses spent by the state on the maintenance of children who are state support, on compensation for harm caused to the life or health of a citizen, the judge at the place of residence of the recoverer or at the place of execution is obliged to issue a ruling on the search for the debtor through the territorial bodies of internal affairs.
If the place of residence (place of stay) or the location of the debtor in other cases is unknown, the court may issue a ruling on the search for him through the territorial bodies of internal affairs, provided that the exactor pays the amounts necessary for the search.
In cases on the recovery of alimony in the event of payment of benefits for minor children during the period of search for their parents, the judge, on the basis of the submission of the bailiff on the resulting debt on alimony, issues a ruling on the issuance of a writ of execution to recover from the debtor the amounts of benefits paid with the accrual of ten percent established by law on these amounts .
These rulings of the judge may be appealed or protested.
Article 488. Postponement of enforcement actions
A bailiff may postpone enforcement actions at the request of a recoverer or on the basis of a judge's ruling.
If there are circumstances preventing the performance of enforcement actions, the bailiff may postpone enforcement actions for a period not exceeding ten days at the request of the debtor or on his own initiative.
In case of postponement of enforcement actions by the bailiff, he notifies the parties, the court or other body that issued the writ of execution.
The actions of a bailiff and the decision of the judge to postpone enforcement actions may be appealed or protested.
Article 489. Duty of the court to suspend enforcement proceedings
The court is obliged to suspend enforcement proceedings in the following cases:
1) the death of the debtor, declaring him dead or declaring him missing, if the legal relationship established by the court allows succession, as well as the initiation of bankruptcy proceedings by the economic court;
2) loss of legal capacity by the debtor;
3) the presence of the debtor in a unit of the Armed Forces, other troops or military formations of the Republic of Belarus participating in hostilities or the request of a claimant who is in a unit of the Armed Forces participating in hostilities, other troops or military formations of the Republic of Belarus;
4) filing a claim with the court for release from arrest (exclusion from the inventory) of property, which is foreclosed on the executive document;
5) contestation by the debtor of the executive document in judicial order if such challenge is permitted by law;
6) filing a complaint or protest against the actions of state bodies and officials in connection with the imposition of administrative penalties;
7) by decision of officials who are granted the right to suspend the execution of a court decision or other act by this Code and other legislation.
Article 490. The right of the court to suspend enforcement proceedings
The court has the right to suspend enforcement proceedings in the following cases:
1) reorganization of a legal entity that is a debtor;
2) requests of a debtor who is a member of the Armed Forces, other troops or military formations of the Republic of Belarus in fixed-term military service or involved in the performance of any state duty;
3) the debtor is on a long business trip;
4) the debtor is on inpatient treatment in a medical institution;
5) filing a complaint or protest by the prosecutor against the actions of a bailiff or refusal to challenge him;
6) search for the debtor in the cases provided for by Article 487 of this Code;
7) the debtor or the recoverer is on vacation outside the place of performance of enforcement actions;
8) pregnancy of a woman who is a person obliged to reimburse the expenses spent by the state on the maintenance of children who are on state care, for a period of more than 30 weeks, as well as being dependent on a person who is obliged to reimburse the expenses spent by the state on the maintenance of children who are on state care, child(ren) under the age of three.
Article 491
Enforcement proceedings are suspended in the following cases:
1) provided for by paragraphs 1 and 2 of Article 489 and paragraph 1 of Article 490 of this Code - until the determination of the debtor's legal successor or the appointment of a representative to the legally incompetent debtor;
2) provided for by paragraph 3 of Article 489, paragraphs 2, 3, 6 and 7 of Article 490 of this Code - until the end of the stay of the recoverer or debtor in the Armed Forces, other troops or military formations of the Republic of Belarus participating in hostilities, until the end of the stay of the recoverer and the debtor in parts of the Armed Forces, other troops or military formations of the Republic of Belarus, until the end of the debtor's performance of the state duty, until the return from a business trip, an extract from a medical institution, until the search for the debtor or return from vacation;
3) provided for by paragraphs 4, 5 and 6 of Article 489, paragraph 5 of Article 490 of this Code - until the entry into force of the decision or ruling of the court to refuse to satisfy the claim, complaint or protest;
4) provided for by paragraph 7 of Article 489 of this Code - until the end of the supervisory proceedings or until the order of the relevant official to cancel the suspension;
5) provided for by paragraph 8 of Article 490 of this Code - until the child (children), who is dependent on a person who is obliged to reimburse the expenses spent by the state on the maintenance of children, reaches the age of three.
Enforcement proceedings are resumed at the request of the exactor, at the initiative of the bailiff or judge after the elimination of the circumstances that caused its suspension.
Article 492. Termination of enforcement proceedings
Enforcement proceedings are terminated by the court in the following cases:
1) if the recoverer has waived the recovery and the refusal has been accepted by the court;
2) if the recoverer and the debtor have entered into an amicable agreement, which is approved by the court;
3) the liquidation of the legal entity that is the recoverer and the absence of its legal successor or the insufficiency of the property of the liquidated legal entity – the debtor to satisfy the claims of the recoverer and the absence of the debtor’s legal successor;
4) the death of a claimant-citizen or a debtor-citizen, declaring him dead, declaring him missing, if the requirements or obligations established by a court decision or other act cannot be transferred to the legal successor or administrator of the missing person's property;
5) if the limitation period prescribed by law has expired for this type of recovery;
6) if the court decision or other act, on the basis of which the enforcement document was issued, is cancelled;
7) refusal of the recoverer to receive items seized from the debtor during the execution of the enforcement document on their transfer to the recoverer.
In cases of termination of enforcement proceedings, an enforcement document with a corresponding mark is sent to the court or other state body, organization, official who issued this document. All enforcement measures taken by the bailiff are cancelled. Stopped enforcement proceedings cannot be started again.
Article 493
The executive document, for which the recovery was not made or made incomplete, is returned to the recoverer:
1) at the request of the claimant;
2) if the debtor has no property or income on which execution may be levied;
3) if the recoverer refused to keep the debtor's property that was not sold during the execution of the enforcement document;
4) if it is impossible to establish the address of the debtor-organization or the place of residence of the debtor-citizen, the location of the debtor's property, or to obtain information about the availability of funds and other valuables belonging to him, which are on accounts and in deposits or stored in banks or other non-banking financial institutions when a search for a debtor is provided;
5) in case of detection of incorrect execution of the executive document;
6) if the deadline for presenting the enforcement document for execution is violated;
7) if the creditor by his actions (inaction) prevents the execution of the document;
8) if the debtor, who is obliged to reimburse the expenses spent by the state on the maintenance of children who are on state care, is declared incompetent or cannot perform parental duties for health reasons according to the list of diseases approved by the Ministry of Health of the Republic of Belarus in accordance with part three of Article 93 of the Code of the Republic of Belarus on marriage and family, on the basis of the opinion of the medical advisory commission issued by state organization healthcare.
In the cases specified in paragraphs 2, 3, 4 and 7 of this article, the bailiff draws up a relevant act.
The return of the enforcement document to the recoverer is not an obstacle to the new presentation of this document for execution within the period established by Article 468 of this Code.
The executed executive document is returned to the court or other body that issued the document.
Article 494
Issues of suspension of enforcement proceedings, termination of enforcement proceedings, return of the enforcement document to the recoverer are considered by the court with notification of the parties. However, the absence of these persons is not an obstacle to the resolution of these issues.
A court ruling on suspension of enforcement proceedings, termination of enforcement proceedings, return of the enforcement document to the recoverer may be appealed (protested against).
Article 495. Control over the correct and timely execution of executive documents
Control over the correct and timely execution of executive documents is carried out by the judge.
Although a citizen is a shareholder, he has every right to receive a part of the income from the work of the organization / company whose shares he has acquired. Incomes are of the type of dividend payments and can generate income throughout the life of the investor. Of course, if large companies, for example, such as Rosneft or Sberbank. But only ordinary people rarely know how to buy and how to make money on Gazprom shares for a private person.
Show all
Legally, the spread of the coronavirus could be the reason for the return of the tour package. At the same time, the travel agency must compensate the client for 100% of its price on the basis of Art. 14 of the legislation "On the basics of tourism activities in the Russian Federation". This legislation says that a citizen will be able to demand the return of the full amount of the purchased tour package to a country where a trip is considered a danger to his well-being and life.
For a quick and timely return of finances for a tour package that you could not use, you need to contact a travel company and personally provide a written application about this.
The law does not specify the application form special conditions, so it can be handwritten or printed on a printer, but it must be signed by the client.
The more time before the tour, the more chances to return your own money without difficulties. How much money you can return depends on how the travel agency processed the order and whether it booked a hotel, cafe, or other services.
If the consumer has decided to cancel the trip and return the funds, the travel agency must confirm their own expenses, which they have actually incurred. Businessmen organizing a tour are not entitled to insistently ask for compensation of theoretical expenses. To confirm their own expenses on the part of tour operators, they must provide the originals:
All these and other types of services must be actually paid on the day of treatment. The travel agency is not entitled to insistently ask for a non-refund if the costs are laid down as dangers or as potential payments. Such payments are assigned to the performer, who maintains his own commercial activity taking into account personal business risk.
The amount to be refunded for a canceled trip depends on the acceptance factor this opinion. A good reason allows you to receive all the finances paid.
However, the customer does not always require the receipt of their own money. It is likely that the date of departure will be changed to another date agreed by the parties. At the same time, when the travel agency has already incurred certain expenses, it will reimburse its own expenses from the funds paid. This provision is expressly included in Art. 32 of the Federal Law on consumer protection.
The agency will try to protect itself from possible financial losses, as a result, it takes into account the withholding of compensation from its own customer.
Therefore, it will not be easy to achieve 100% compensation of funds, since the company has already been able to pay for hotel reservations, insurance payments and other expenses.
Remember! A number of tour operators include in the contract such requirements as:
These requirements are considered indicative. Each travel agency includes in the contract points that are considered important. If the trip is interrupted due to a travel agency, the finances for the ticket are subject to compensation in full.
However, in practice, this rarely occurs, since there are aggrieved clients a large number of, and the travel agency has already incurred embezzlement. In this case, the failed tourist will receive less from 5 to 25% of the total cost.
How to reimburse the finances for a tour if the travel agency, in the opinion of the client, clearly unfairly limited the payment or even deviated from it? In this situation, you should look for a competent lawyer for economic conflicts or directly in the field of service provision and consumer protection.
Another option is to contact the state structure - Rospotrebnadzor. In the latter case, a check can be made, and the company will be obliged not only to compensate the cost, but also a fine to the state if it acted illegally.
If the cancellation of the tour was carried out in advance, then according to the requirements of the contract, signed and sealed and signed, the return of funds must be mandatory.
Among the finances to be returned are all expenses actually not incurred by the travel agency. Such a list may include the return of finances for excursions, meals, hotel reservations. The general list is not limited.
Returning a ticket to a travel agency is not the only way out of the situation. The customer can also be offered to reschedule the dates of the trip. This is the most painless and satisfying method for both parties to end the dispute.
If you need to return finances for a previously paid ticket, you should immediately contact the agency and tell all the problems. If it is not possible to contact directly, use the services of friends or family members, or the services of a lawyer to negotiate with a travel agency.
If even after 1-2 months it is not possible to plan a trip, then the question arises whether it is possible to deviate from the tour and reimburse the finances. Legislation upholds the right of the consumer to withdraw from the purchase of travel offers. But at the same time, he also has an obligation to pay the expenses incurred by the travel agency.
If the conversations lead nowhere, the state will need to be involved - a transition to Rospotrebnadzor or to legal proceedings. Appeal to legal proceedings will make it possible to cover finances from intractable businessmen. However, it is worth taking into account other risks - the time spent on legal proceedings or financial waste on representing interests by a lawyer.
Important!
Call 8-800-777-32-16.
Show all
In general, the rights of a spouse during the inheritance of the property of the late husband / wife are no different from the rights of other heirs of the same line. However, it is necessary to note the exception, according to which all those things that were acquired by a married couple during their family life have a special status. After all, all the property that was legally and financially acquired during family life is joint, that is, common property, in which there are no certain shares of each of the spouses.
With all this, such a status of property does not apply in any way to situations in which an agreement on legal relations between a husband and wife is drawn up. This also leaves some imprint on the rights of the still living spouses in terms of the inheritance, as well as in terms of the procedure for its registration.
Features of the rights of spouses in the process of hereditary relationships follow from the regimes of division and disposal of things that operate during the marriage of spouses. For example, legal operating base provides for the operation of two regimes: it is a contractual regime and a legal regime.
In the contractual regime, after the death of one of the spouses, the role of a property agreement begins, which was concluded by the husband and wife during their lifetime. It is the property agreement that will determine what the husband is entitled to inherit or what the wife will get. Such a contractual regime makes it possible to determine the complexes of the property for which an inheritance will be opened after the death of a spouse.
In the case of the work of the contractual regime, the spouses have equal rights to property if it was bought during marriage, that is, during marital relations. In this case, the inheritance will be opened only to the share of the deceased spouse, but this share still needs to be allocated.
Here it is worth considering that the recognition of the rights of a living spouse to the property of the deceased spouse does not depend in any way on the views, actions or opinions of the other heirs. After all, the spouse has the right to allocate his own share, as well as the right to receive a share in the inheritance that appears after the death of the second spouse.
This right can be seriously limited if there is a written will of the deceased, in which he says exactly how his property should be stripped. Also, rights may be limited if, in a written declaration of will, the deceased spouse generally excluded the living spouse from the list of heirs. And, finally, the rights of a living spouse can be severely curtailed if the living spouse was determined by the relevant authorities as an unworthy heir.
In general, all the rights of a spouse in hereditary relationships consist of two types of rights. It is a combination of rights such as the right to inherit as well as the right to property.
The spouse who has outlived his soul mate also retains ownership of 50 percent of all the property that amassed and appeared within the family during the joint family life of the spouses. This moment comes out of the institution of marriage, plus it is enshrined in both civil and family codes.
The right of inheritance here lies precisely in the fact that the surviving spouse is usually called for compulsory inheritance not alone (but this applies only to those cases in which there are either obligatory heirs or heirs of the first stage), and here there is a moment of realization of his inheritance rights to general grounds. The share of the estate of the living spouse will mainly depend on the total number of heirs, and the share of the estate for the spouse will be equal to the shares of all other persons of the same line.
According to the law, divorce is the exclusion of any status between an already ex-husband and wife. That is, in other words, the husband and wife become strangers. And, as a result, the ex-spouse is not the heir and is excluded from inheritance unless the following exceptions work:
You can’t even talk about shares within the framework of common property during the inheritance of an already ex-spouse, because during a divorce, all property is divided as through the authorities court proceedings and on a voluntary basis.
In the event that there is no division and will not be, then all property, but, above all, real estate, will be considered as the property of exactly the spouse in whose name the property was registered.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-16.
Free legal hotline.
Show all
The term will in jurisprudence has many definitions.
A will is an act of the unilateral will of a person, which fixes his order regarding the sale of property and related personal non-property and property rights and obligations in the event of death. It is a unilateral transaction, as a result of which the testator leaves behind a fixed order in writing, where the future fate of the owner's property after his death is decided. The document is recognized as a unilateral transaction because the originator independently chooses the second subject of legal relations - the successor, the heir, who learns about the fact of a possible transfer of property after the death of the originator of the paper. Information about the term and the main points of the will is contained in Art. 1118 of the Civil Code of the Russian Federation. Chapter 62 of the Civil Code of the Russian Federation is devoted to its main provisions and principles of compilation and implementation on the territory of Russia.
The document is drawn up in writing, the use of printing equipment is prohibited. Electronic versions of the document are not allowed.
The form of drawing up and the procedure for certifying a document is dictated by the type of will.
The paper represents the process of inheritance by will. In the event that a person did not make it during his lifetime, then after his death his property will be sold according to the law in accordance with family queues, which are sorted from relatives on the basis of blood.
Two types of inheritance are united only by the possible presence of a mandatory share in property for a certain social category, which may include, for example, dependents or people with disabilities. Even if the compiler did not mention them in the will, they will still be allocated a share through the court in accordance with the regulatory legal acts of Russia, namely, Art. 1149 of the Civil Code of the Russian Federation.
Entering into an inheritance after death by will is a complex process in which the successor must be extremely careful in order to prevent possible fraud, which in conditions modern world occurs quite often.
In order to enter into the inheritance, a person needs to come to a notary after the death of the compiler of the will and the announcement of the text of this paper. The law allocates a certain time period for this, which should be observed, since after its expiration the right to join is closed.
Art. 1123 of the Civil Code of the Russian Federation speaks of the secrecy of the will, that is, a relative or other possible heir may not know about his position, which is why he will have to contact a legal specialist to approve or refute his status.
The steps to follow when applying for an inheritance are as follows:
If a person during his lifetime drew up a closed type of will, then his text is read out by a specialist in front of relatives and witnesses only after 15 days from the date of death.
To enter into an inheritance, a Russian citizen is given a period of 6 months, during which it is necessary to formalize the transfer of property. If a person misses this time period, he has the opportunity to restore it by going to court, but only for good reasons. These may be:
Documents that are evidence are required to confirm the reasons. In accordance with them, the period is extended for another six months.
To enter into the inheritance, the notary will require the following documents:
In the event that after the death of a person it turns out that no will was drawn up, the procedure for entering into property according to the law in accordance with related queues will be slightly different:
In this case, a person can apply to any notary, regardless of the address of residence and registration of the deceased person.
The term for entering into the inheritance is the same - 6 months, but an extension is possible if there are good reasons for missing the time period.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-16.
Free legal hotline.
Show all
The right of grant (PP) is the opportunity for descendants to become official and fully entitled heirs instead of their parents upon the death of the parents before the person who left the ancestral property. For example, if the son of a deceased father died earlier than he did, while leaving children behind, then during the distribution of the inheritance, part of the property belonging directly to him will go only to his children, who are the grandchildren of the testator (that is, the deceased grandfather). This is one of the classic examples of inheritance by grandchildren of inherited property in the PP.
But in life there are a large number of situations in which there are no heirs of the first stage. In such situations, the potential heirs are the sisters and brothers of the deceased. If one of the sisters or brothers died earlier, while leaving children, the nieces or nephews of the testator, that is, the children of the deceased brother, can enter into inheritance rights under the PP.
PP is also used in relation to those relatives who occupy the third line of inheritance. In such cases, cousins and brothers may enter into their legal inheritance.
The provision of the law on inheritance under PP is used under several conditions:
All of these conditions are among the most common in terms of representational inheritance.
In the process of distribution of inherited property according to the legislation (if, in other words, we are talking about cases where there is no will), at the level of legislation, 6 groups of relatives have been created with inheritance rights. With all this, priorities are given to higher groups of relatives and kinship ties.
For example, if there is at least one applicant for inherited property from the first priority, all other relatives belonging to subsequent queues will receive nothing at all.
Relatives of only 1-3 stages are capable of claiming inheritance on the basis of PP. As in ordinary queues, the further a relative is in line, the less likely he is to get at least something.
Life is far from always fair, especially when it comes to inheritance under the PP. And such inheritance is not carried out in two situations: within the framework of judicial proceedings or by law. It is worth considering both situations in more detail.
Grandchildren are not able to become heirs in such cases:
This point is manifested in the event that it is documented and proved in court that the direct heirs have become unworthy heirs. And they can be unworthy as a result of the following actions:
Summing up, it can be noted that entering into inheritance on the basis of the right to grant is a certain mechanism for the distribution of property and assets of the testator between his descendants in the event of an earlier death of direct heirs from 1-3 lines. It is also important to pay attention to the Civil Code of the Russian Federation inheritance by right of representation and to those points that relate to these relationships.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-16.
Free legal hotline.
Show all
Legislators leveled adopted children and any other kind of kinship regarding descent. Inheritance by both adoptive parents and adopted children is carried out on the basis of general procedures, and such persons belong to the heirs of the first stage.
The rules of kinship apply both to adopted children and parents, and to their offspring, including also those children who were adopted at a later date. According to the norms of law, the definition of the established queue proceeds from the general legislative principle inherent in the consanguineous parents and children.
Adoption by adoptive father and mother deprives not a native, but an adopted child of any rights to inherit from relatives, that is, biological parents, and also from other relatives related to each other by at least the same origin.
There are a large number of circumstances that allow adopted children to maintain important hereditary ties with blood relatives, which also gives him excellent opportunity in order to become one of the bearers of hereditary rights in the distant or near future.
As a result of all this, an adopted person will be able in due time to become a full-fledged heir, and an heir both for adoptive relatives and for those relatives who were part of his former family.
Special attention in the process of inheritance is attracted by the processes related to the confirmation of the relationship that the adopted children have. In common practice, there are those cases in which a separate difficulty in proving kinship appears both in relation to relatives and in relation to adoptive parents.
Even those who are adoptive parents or adopted are legally entitled to be heirs.
Until 1996, the rights of those children who were adopted must be confirmed by an appropriate decree issued personally by the administration of the region or district. However, according to updates in the family code, if a person received the status of an adopted child after 1996, this fact can be confirmed by presenting the relevant court order.
The presence of an appropriate document, whose form is determined by the date of adoption, allows the adopted citizen to receive all those duties and all those rights that were provided for relatives, that is, for blood children.
It is also worth considering that adopted children are representatives of the heirs of the first stage in relation to those parents who act as adoptive parents. Both future and current descendants of the adoptive parents are blood members of the family for the adopted, which also gives them equal rights in terms of inheritance.
The provisions and norms of the Family Code define general rules, according to which adopted children are deprived of any rights if the testators are blood parents or relatives of blood parents, and the deprivation of rights occurs at the time of the actual adoption of a person. That is, an adopted citizen will not be able to accept any inheritance if it is left after the biological parents. However, this rule is distinguished by a large number of different exceptions.
These exceptions include the following:
Adoptive parents may have a general range of different rights regarding the inheritance of the property of those children who were adopted by these parents. And this, among other things, means that they also refer to the heirs who come first in line.
As noted above, the rights of those heirs who are adopted children or adoptive parents are equal. Also, all these and other points are noted in the provisions of Article 1147 of the Civil Code of Russia, since they establish certain procedures for the inheritance of property by adopted children, as well as by those citizens who are adoptive parents.
But, of course, such provisions require confirmation of the facts of adoption. And such a check should be carried out by qualified notaries with relevant experience.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-16.
Free legal hotline.
Show all
According to the norms and laws of the Civil Code of Russia, all real and all movable property of the testator, as well as all his property rights, will have to be transferred to the heirs of the first stage. If there are no such relatives, relatives of the next stages go, but on the condition that the owner of the property has not expressed his own will regarding the distribution of property within the framework of the will.
The procedures for the distribution of hereditary property are defined and regulated by some articles of the 63rd chapter of the Civil Code of Russia.
The Civil Code defines the concepts disclosed in the commentary to Article 1145 of the same regulatory legal act.
The current laws of the Civil Code of Russia, including the institutions of inheritance, in most cases are based on the principle of Roman private law. For example, the determination of the degree of kinship between the ancestral party and its numerous descendants depends on the total number of generations.
Modern laws of the Civil Code of Russia provide similar rules for determining kinship by counting the total number of births that have occurred since the birth of the testator and before the birthday of the heir, whose degree of kinship is subject to mandatory establishment.
The presence of as many as seven lines of inheritance is a novelty of the modern Civil Code, because all previous versions of this act of lawmaking do not have more than 4 levels.
Increasing the circle of persons by adding several lines of inheritance speaks of strengthening property civil rights, in the form of one of the key fundamental constitutional principles of the inviolability of property.
The sequence of acceptance of inherited property is a sequence regulated by law, according to the rules and basic principles of which the inheritance is transferred from the testator to relatives, provided that there is no will.
In the event that the heirs of the first category did not become or could not exercise their rights within a certain and allotted by law period, all property rights and the property of the testator pass to the relatives of the next stage.
The implementation of inheritance rights to inherited property by at least one relative from the previous stage automatically deprives all representatives of all subsequent stages of any opportunity to receive inherited property or even at least part of it, because the distribution of inheritance between relatives of different stages is not provided for by the norms of the current legislation.
So, the heirs of each successive order inherit if it is legally possible. According to the norms of the legislation, the right to receive an inheritance passes to the representatives of each successive stage, subject to the following conditions:
In this case, the refusal to accept the inheritance is carried out with the help of an appropriate application, in which there is no indication of the one in whose favor the refusal was made. And in case of non-acceptance of the inheritance, there are no statements at all.
So, after the third turn, the following turns come:
The peculiarity of the seventh stage is that its representatives are not blood relatives for the successor party. Of course, relatives of the seventh stage will be able to receive an inheritance only if relatives and possible future heirs, for some reason, cannot receive an inheritance or refuse it.
According to the law, the property must be distributed among the heirs of the same order equally. But it is important to consider whether the property was the property of the testator, or whether it was joint common property acquired during family life.
After all, if we are talking about private property, there will be no problems, because all those persons who are heirs of one line will receive property in equal shares. If this is common property, then it is necessary to separate the part that really belongs to the testator from the part of the property that belongs to the spouse. That is, in the end it turns out that the common property received or acquired during the marriage will be divided into two equal shares.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-16.
Free legal hotline.
Show all
Inheritance law is the very area of law that regulates the transfer of property obligations and rights from a deceased citizen to his official successors.
According to some articles and provisions of the Civil Code of Russia, inheritance under the current legislation is a certain procedure during which the process of transferring an inheritance and its execution takes place within the established norms and rules.
The established procedures are also used in cases where the will of the testator is either missing or invalid, and also in all those situations when the heirs indicated in the documents refuse to enter into the legal inheritance.
The key principles of inheritance within the framework of the legislation are the formation and operation of certain queues, which are the basis for entering into an inheritance. For example, heirs of subsequent stages can enter into an inheritance and receive property only in cases where all previous heirs either inherit or voluntarily refuse to enter into inheritance rights.
The definition of inheritance within the framework of the legislation includes objects and subjects, and both the object and the subject have both their own essence and their own importance. The subjects of relationships within the framework of the inheritance are expressed as individuals, that is, heirs. As for the object, objects within the framework of inheritance are presented as inanimate objects, that is, as property. Moreover, property can be both movable and immovable. Among other things, objects can be monetary units as well as certain duties and rights. If there are no objects for inheritance, then in this case the inheritance processes themselves are lost, and their definition, essence and meanings are also lost.
The relevance and importance of the very topic of inheritance in accordance with the norms of the law will never decrease. This is due, first of all, to the fact that many subjects almost constantly enter into such relationships, and in such relationships, different nuances and conditions take on a separate meaning. Here, legal nuances and problems of inheritance on the basis of legislation still have a certain meaning.
The grounds for subsequent entry into various objects of inheritance come into force only at the time of the death of the testator, and it is from this moment that the established and regulated periods of limitation begin to count. This fact is the basis for two legal bases, that is, for inheritance on the basis of a will and for inheritance on the basis of the norms of the current legislation. With all this, inheritance on the basis of a will will always be a priority.
In order for there to be legal grounds for entering into inheritance, it is important to make sure that there are some factors:
In order to be able to receive an inheritance, it is mandatory and only documented to confirm the existence of family relationships. These can be passports, birth certificates, a certificate from the registry office, as well as other documents. With all this, it is important to know that no other reasons, such as testimony, will be taken into account.
Key functions, principles, as well as the provisions of inheritance are fixed in various provisions, clauses and articles of the Civil Code of Russia. The key principles for this include the following:
All these and other moments of inheritance of both residential and non-residential property are mandatory and are subject to consideration at the time of the death of the testator.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
The secrecy of a will is a procedure prescribed by law for the preservation of data about the testator, as well as about the will itself.
A notary is a legal specialist with the right to perform notarial acts. He has extensive powers, for example, checking documents, assisting in the preparation of a will and subsequent assurance, and even storing paper.
Due to the presence of a lot of rights, a notary also has quite a lot of duties, in particular, keeping the secret of the will.
The secret of a will in inheritance law is the non-material right of the subject of a unilateral transaction to maintain the secrecy of the conditions and moments specified in the will.
For some people, a legal phenomenon is considered a right, for others it is a duty.
The secrecy of a will extends to all individuals, regardless of their status. In connection with Art. 1123 of the Civil Code of the Russian Federation, this obligation must be observed by all persons who know information about the will. These are the notary, the spouse of the person whose will is recorded on paper, and other persons present at the time of drawing up or during the certification of the document.
In other words, the secret of the will is the preservation by people of all information about the will of the individual.
The need to apply the secrecy of the will from inheritance law is dictated by the person's choice of the type of document execution.
There are two types of wills: open and closed types. Both of them force people to keep a secret, while in the case of a closed will, they do not even have the opportunity to find out information about the essence of the document.
At closed type Wills are the essence of paper written exclusively by the person whose will the document will carry out. The paper is drawn up in writing, after which it is placed in an impenetrable envelope and handed over to the notary. However, he does not know what information is stored inside the convolution. The document is enclosed in another envelope, on which all information about legal document, necessary for the paper to become legal after the death of a person. No other persons know about the design of the paper if the person himself does not decide to tell his relatives about it.
When drawing up an open will, the notary knows its essence and all the information that is written in the document. The paper can be certified and drawn up in the presence of people close to the person.
If, when creating a paper, pressure is exerted on a person, which later, after his death, will be proven and officially confirmed by law in the person of the court, the paper will not be able to acquire legal force. Property that could not be realized on the basis of a will will be inherited by legal successors in accordance with the legal family lines that exist in inheritance law.
Judicial practice regarding the secrecy of a will draws the attention of citizens to the fact that the obligation extends not only to the information and essence that the document contains, but also to the very fact of drawing up the paper. People close to a person who has wills do not have the right to disclose even the very fact of drawing up and will with a legal specialist paper. The action will be recognized as unlawful and, in accordance with this, legal liability of an administrative nature may be applied to the person.
Based on civil law, it is possible to single out a number of principles of the secrecy of the will, which, in connection with existing regulatory legal acts Russian Federation are at the heart of inheritance law.
Violation of the secrecy of a document entails legal liability in the form of an administrative penalty in connection with Art. 13.14 Administrative Code of the Russian Federation.
But in case wrongful act led to irreversible consequences, because of which people suffered, the punishment will be criminal in nature under Art. 137 of the Criminal Code of the Russian Federation.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
Inheritance of escheated property is the fact of the transfer of objects of property of the testator to state property, as well as in the property of the subjects of the state and its municipalities.
In the literature, there is the term "escheat", which, both in the legal aspect and in the aspect of law, can be diluted with various legal grounds, ranging from the absence of legal heirs and ending with a will. It can also be the deprivation of persons of the right to inherit property, because they may be recognized as unworthy.
According to article 1151 of the Civil Code of Russia, the property of the testator is escheated in several cases:
Also, the inherited property is escheated even if it is a part of the designated property. Even if, within the framework of Article 1151 of the Civil Code of Russia, there are no rules indicating whether the property of the testator is capable of being escheated in part or in full.
The state may be called upon to accept inheritance only in cases where, on the basis of the law, the property has been recognized as escheat, and it is also a special heir that does not belong to any of the queues. According to paragraph 1 of Article 1152 of the Civil Code of Russia, any refusals from the state are unacceptable.
The Russian Civil Code provides for exhaustive lists of all those heirs who accept escheat inheritance. According to paragraph 2 of Article 1151 of the Civil Code of Russia, the following can become heirs of escheated property:
Also important are the possible consequences of inheriting such property.
The institution of such property has a rather large social and legal significance, because such an institution eliminates any ownerless objects of inheritance. The laws in force on the territory of Russia provide for solutions to such a problem in cases where no one has the right to inherit or if there was no one to do it, or, according to the desire of the heirs, the renunciation of all property as a whole.
Article 1141 of the Civil Code of Russia reveals the essence of the fact that if any residential premises are located in any municipality, then the entire premises will become his property in accordance with the norms of the current legislation.
However, in the event that the premises are located in a city of great federal importance, then this premises will have to become the property of the city.
There are various approaches to the acceptance by state structures and the state as a whole of inheritance rights, which as a result can have different consequences from a legal point of view. For example, the state acquired some kind of inheritance, taking on the role of heir. In this case, the state can claim all the property that is part of the estate, regardless of the location of the property.
The acquisition of both immovable and movable property by inheritance rights may entail some obligation to pay all those debts that the testator has and which have not been paid in favor of the state. It is only in such moments that the state will receive the entire inheritance and will not repay debts.
To implement the norms of inheritance of escheated property, it is necessary to adopt a number of laws that regulate such issues in one way or another. For example:
Those terms that are fixed and take to accept such an inheritance do not apply in any way to the terms for registration of rights to property and inheritance that are escheated (according to Article 1154 of the Civil Code of Russia). This is due to the fact that such property does not have to be inherited like ordinary property (this point is regulated by Article 1152 of the Civil Code of Russia).
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
Many citizens do not know how to enter into an inheritance. Moreover, more and more people, due to employment, cannot apply for it within the specified time frame. So how to get an inheritance if you missed all the deadlines by law? And how does the actual acceptance of the inheritance take place after the expiration of the established period?
Acceptance of an inheritance after the expiration of the established period is regulated by federal law. The Civil Code of the Russian Federation speaks of the terms for accepting an inheritance in several articles.
The general provision provides for a period of six months for the approval and further use of material resources under the will. In addition, the time granted is typical both for situations where the procedure takes place on the basis of a will, and in accordance with the law. Sometimes, for one reason or another, users do not have time to send a written claim regarding the cost of properties in the allotted time. In such a situation, they will have to begin the restoration of the period of acceptance of the inheritance.
There are two legally approved ways to receive hereditary resources at the end of the statutory period:
Family Law Fundamentals sets out the time limits within which all potential heirs must be formally or formally owned. Unfortunately, not all citizens of our country have the necessary legal knowledge and do not realize that they are obliged to exercise their rights within 6 months from the date of the death of the testator.
Many users do not understand how to recover a missed deadline. If a citizen does not appear before the notary responsible for this case within the specified period, he will no longer be able to assert his essential claims in the future. However, the law provides that in some cases a citizen has the right to demand the restoration of the conditions of inheritance.
If we analyze the judicial statistics in cases of extending the deadline for asserting inheritance rights, it becomes clear that the court will take the side of the applicant only when he can defend his position regarding non-compliance with the approved deadlines. Restoration of the missed deadline will be possible only taking into account weighty arguments.
Therefore, if the court confirms the circumstance that the applicant considers valid for a positive decision on this issue, then the potential heir will be able to initiate the procedure for redistributing the estate, taking into account its share. Reasons that may be labeled as valid may include:
The use of testimony is permitted, but as long as the witness is not a close relative and does not receive any additional benefits due to this situation.
At the same time, some points cannot be considered sufficient grounds for restoring the status of restrictions.
The request for the restoration of the term for accepting the inheritance is not an ordinary formality and, therefore, it is necessary to treat its preparation with the utmost attention and responsibility.
The probability of a favorable outcome of the process will directly depend on the information that will be presented to him. According to the provisions of the law, an application for the restoration of the period for accepting an inheritance has a prescribed form, and certain special requirements are imposed on the information that must be published here.
It is indicated:
The template is compiled in accordance with the approved requirements. Grammar errors, false information and unverified data are not allowed.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
When a sad event occurs, such as the death of a person, the case goes to the struggle for property between all the relatives of this person. Just in this case, if there is no will, the division of property takes place legally. The distribution of such rights is made on the basis of the degree of kinship in some successive. How does the process of inheritance take place?
The key conditions and principles of inheritance are established within the framework of the Civil and Family Code, as well as various documentation. Property assets are distributed according to the principles of priority, however, each of the applicant citizens will not be able to receive something if:
The laws of Russia provide for the protection of the preferential rights of partners in marriage, as well as other relatives of the testator on the basis of consanguinity. Who can be attributed to the heirs of the first stage in the event that the deceased did not make any will?
Who are the heirs of the first stage? This rule is regulated by Article 1142 of the Civil Code of Russia, where it is strictly noted that the heirs of the first stage include such relatives as the parent, spouse and children of the testator. In this case, the inheritance can be issued both by will and on the basis of legislation within the order.
Spouse or wife - this is the very category that in most cases raises contentious issues during registration and inheritance. Therefore, it is important to determine who exactly is the legal spouse on the basis of the laws of the Family Code. A legal spouse is one who fully falls under the following conditions:
An important point: the legislation clearly defines exactly which citizens can be and can be recognized as the legal spouses of the testator. It is for this reason that if the marriage has not been registered in any way, the partner cannot and does not have any right to exercise the rights of entering into the inheritance of the first stage.
If we talk about how the property is distributed among the heirs in shares, then it can be noted that disabled cohabitants still have some probability of inheriting part of the property and property assets, but they will not be relatives of the first stage. Plus, this moment will only apply if such cohabitants were dependent on the testator for a year or more.
Also, during the establishment of the legal grounds necessary for entering into the inheritance of a spouse, one can single out such important nuances, how:
Parents are also the primary heirs. At the same time, the adoptive parents of the testator also have equal rights with biological parents. But, if we talk about how you can get a larger share, it is worth noting here that if there are adoptive parents, it is important that the biological parents be deprived of their rights. That is, one who is not deprived of parental rights, whether they are natural or adoptive parents, will receive part of the inheritance as a relative of the first stage.
As for children, those children who were born during marriage, as well as illegitimate and adopted children, fall under the category of first-line relatives. This also includes those children who were born within 300 days of the death of the testator. And here there is one extremely important point: in the event that the heir has not yet been born, but is going to be born within 300 days from the moment of the death of the testator, the property is prohibited in any way to use or divide it until the birth of such an heir.
There is another important point. In the event that the mother is the testator, that is, if it is she who dies, then in this case her children become heirs of the first priority without fail. And if we are talking about the death of not a mother, but a father, then in this case, family ties will need to be proved, both within the framework of a voluntary procedure and on the basis of judicial proceedings.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
Types of wills in the Russian Federation are the procedures provided for by law, according to the will of one's property, within the framework of the law.
A will is an act of one-sided will of a person, which is controlled by civil law and determines the fate of property, as well as the rights and obligations associated with it, after the death of the subject.
The will is controlled by civil, namely, inheritance law. It is designed to regulate legal relations civic character in society.
The will has a sample, according to which it is strictly drawn up. In this case, the document is drawn up in writing and acquires legal force after the death of the person whose will the paper embodies, only if it was certified by a notary.
For the execution of the document, the conditions dictated by civil law in order to protect legal relations arising from property or personal non-property rights and obligations.
Inheritance law makes it possible to make a will many times, but subject to the destruction of the previous document, which must lose legal force. A will with the help of a legal specialist can be altered, changed, supplemented with the necessary information.
A will can be called a legally fixed disposal of a person's property in the event of his death. It is a type of inheritance, characterized by such features as, for example, the ability to leave property not only to relatives by blood, but also to close friends. In the process of inheritance by law, this is impossible; things move along the order of kinship, depending on the degree of blood relationship.
Chapter 62 of the Civil Code of the Russian Federation is devoted to the term, where you can find all the conditions for the preparation and further sale of the paper. In Art. 1118-1140.1 of the Civil Code of the Russian Federation can be found detailed information on the procedure for inheritance and transfer of property and related personal non-property and property rights under a will.
Will types:
Types of administrative paper:
In order for after the death of a person, his administrative paper began to operate and acquire legal force, it is necessary to draw it up in writing by hand. The law prohibits the use of technology, electronic or printed versions of papers.
The paper must be certified by a legal specialist such as a notary, but certification by other officials is also allowed. For example, the head physician of the hospital, the commander-in-chief of the campaign, the head of the prison. Such deliveries are made by law in connection with the existence of a will under certain circumstances.
A citizen who wants to issue an administrative paper about property must remember that he always has the right to change, supplement and even cancel a will. It can be drawn up an unlimited number of times, but at the same time, each previous one must be destroyed, that is, lose legal force during the life of a citizen.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
The right to refuse to receive is regulated by the current federal legislation of Russia. The right to receive a testamentary refusal is valid for six months after the death of the testator. Registration of refusal to receive a testamentary refusal is carried out in writing, by writing an appropriate application by the applicant.
The documents for proper registration are the same as for the registration of an inheritance - this is an identity document and certificates of transfer of property. The deadline for issuing a waiver is six months. In some cases, it can be extended up to three years.
In fact, a testamentary renunciation is an obligation that is placed on the testator and the recipient of property. Conditions must be met.
In this case, the conditions may well be different. For example:
A testamentary refusal actually makes an heir-debtor who is obliged to fulfill the will of the testator.
The obligation is considered for fulfillment in relation to the designated order only. And it doesn't have the right to reconsider. If the testator feels that the heir will die, then he has the right to change the will to another citizen, all assignment rights in this case pass to the latter.
The most common version of the refusal of a will is the obligation of the heir, who is going to a residential building, apartment or other residential premises, to give another person the right to use these premises or a certain part of them for the life of another person or to use another period. If the ownership of the property that was part of the inheritance is subsequently transferred to another person, the right to use this property granted by the will remains in force.
You can write a waiver in favor of a relative of the testator if he is in one of the queues established by law, or is specified in the will. However, they cannot be abandoned in their favor:
In the second case, the situation is influenced by the desire of the deceased to indicate another heir in the event that the first heir dies and does not have time to accept him or refuse his part.
A waiver of ownership can be made in favor of the following people:
It is forbidden to refuse the inheritance with reservations.
The law does not provide for the renunciation of a certain part of the inheritance. The property is completely taken by the heir or he completely renounces it.
If the heir is entitled to inherit the property for several reasons at the same time (for example, by law, by will, etc.), he may then renounce the inheritance for one of the reasons or immediately for all,
Part of the property belonging to the heir who issued the refusal without specifying other persons will be proportionally distributed among other heirs.
The exceptions are situations where another procedure is granted by will.
If, if necessary, the heir spends money on funerals, this fact does not deprive him of the right to refuse part of the property intended for him.
The main condition of the heir is that the freedom of the heir cannot be restricted. The imposed obligations cannot contradict the legislation of the Russian Federation. The will will take effect as soon as it receives the inheritance. Therefore, the candidate for receiving the property of the testator has the right to refuse to subscribe.
If obligations are imposed on several people at the same time, then their fulfillment is distributed in proportion to the received part of the property. Mandatory participation in the inheritance cannot be appointed for the execution of a will.
The conditions for the use of the property in accordance with the provisions are preserved even if the heir transfers the ownership to other persons. Using a dwelling based on a waiver of will, the recipient of the waste has the same responsibility for its maintenance as the owner. In the event of material damage, the heir has the right to claim damages in court.
Legally registered inheritance determines certain conditions of inheritance. This cannot be the basis for a successor, because the assigned tasks are carried out at the expense of a specially allocated share of the inheritance. Both the heir and the recipient may waive their obligations.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
Inheritance is the transfer of ownership to the person to whom it was bequeathed. All difficulties - the terms for accepting an inheritance, the restoration of the term for accepting an inheritance, a statement of claim for the restoration of the term for accepting an inheritance - are prescribed in the Civil Code of the Russian Federation. Good reasons for missing the deadline for accepting the inheritance are also indicated.
Lawyers and lawyers often argue about the restoration of the deadline for accepting an inheritance. In accordance with the current legislation, a person has the right to enter into inheritance law within six months after the opening of the inheritance case. In this case, the opening is considered:
That is, a person within six months from the above date must apply to the notary's office at the location of the property, submit a package of documents, pay the mandatory state fee and submit an application of the established form.
Based on the results of collecting all the documents, the heir receives a certificate of succession, on the basis of which you can dispose of movable property or apply to the registration service to register the ownership of real estate.
This appeal procedure is established by law in order to preserve justice. It is not allowed to start the countdown from the time of the death of the testator or testator. Because circumstances sometimes arise against the heir, and the process of ownership is delayed for many years. If, due to certain circumstances, one of the heirs does not comply with the deadline for accepting the inheritance, this does not mean that he cannot do anything to receive it. In this case, the law offers the possibility of restoring the term for entering into the inheritance.
The opening of the inheritance case occurs immediately after the death of the owner of the property. If the notary has a will written by the owner of the property, he is obliged to announce the will of the deceased relative to the heirs within 15 days.
After the heirs learn of the death of a relative or will, they must write their inheritance rights within six months. However, the countdown starts 6 months after the tester's death. This period is granted to all candidates for inheritance - a legal document specified in the will. During this period, all legal transactions must be completed: documentation, acceptance or rejection of part of the inheritance, transfer of the owner's rights to another person, cancellation of the testamentary document.
The actual assumption is the specific action of the heir in relation to the inheritance. For example:
The actual acceptance of an inheritance is not sufficient for legal possession of it. In order to legalize the received property, it is necessary to apply to the court with a statement that the inheritance has been accepted.
Do not delay the duration of the inheritance and wait for the process. To avoid court costs and significant loss of time, it is worth contacting a notary with an application to open inheritance law proceedings, even if you already have one.
The term of entry into the inheritance begins with the death of the testator. In cases where the end of the period for accepting the inheritance occurred on weekends or holidays, you can contact the notary's office with a statement before the end of the first working day after the weekend.
More precisely, you can apply until the last minute of the 24th hour (12 noon). You can send the application through authorized persons (so a notarized power of attorney is required) or through the Russian Post (notarization of your signature on the application is required).
When should a claim be filed? The need to file a claim may be caused by distrust of the notary, inconsistency with the will, or a desire to question the participation and share of other heirs. Each heir (or his representative) has the right to declare his ability to actually accept the inheritance, if he has not been considered in the event of an inheritance.
How to choose an instance? The filing of a claim is related to the place where the inheritance opens. This principle works if the applicant knows all the nuances of the case. If the plaintiff intends to clarify the owner of the item, the application will be filed at its location. The fact that an inheritance is opened as such is determined when you apply for it in your place of residence or when you register.
It should be noted that the place of opening of the inheritance is actually the last or main place of residence of the deceased. In the absence of relevant information, the claim must be filed at the location of the property itself. If its parts are in different places, the most valuable object is selected.
When requesting an extension of the terms of inheritance, the arguments must be prepared in advance, which the court considers convincing and valid. One of best reasons there will be a long illness during which the heir cannot apply to a notary. To confirm the disease, it is necessary to collect all types of medical certificates confirming this fact.
Another good reason is a long-distance business trip. There is no problem with validation. It is much worse if you insist on not being notified at the time of the death of the testator. After all, it will be almost impossible to prove this fact with documents.
The claim must cover in detail all recent events that have occurred with the heir. These events should convince the court that he does not know about the inheritance or that he cannot physically claim his rights within the prescribed time limit.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
The formation of a will is subject to the norms of a single legal framework. The testator must complete official uniform with full legal capacity (this should be checked in advance). If the testator has health problems, this function is performed by an authorized person. Due to the mental incapacity of the testator, this fact must be verified and the will declared invalid.
The only distinguishing feature of a fake is the official status of the document, which was drawn up and certified by a notary. All information is then entered into single base data or registered by a notary. Further in this registration you can check the presence of the will. In appearance, such a copy is represented by a color numbered certificate.
The Register of Wills of the Russian Federation official website is an opportunity to check documents before registering an inheritance. The unified register of wills and inheritance cases allows you to minimize the facts of deception from representatives of other bodies and individuals.
The electronic register of wills allows you to check documents remotely.
You can check the will in the registry in a few minutes.
You can find out about the claims of other relatives or check your will through the register if the inheritance information has not been found by all notaries.
However, you cannot receive information about what property of the deceased will be transferred to the heirs, since the service protects the secret of the last will of the owner of the property. When a person learns that the information about the heirs is in the registry, and the certificate is located at the place of registration of the deceased, you should visit several offices at the place of registration and begin the registration process.
To start the test, it is necessary to provide the employee of the organization for verification with a passport, a death certificate of the tester and a certificate confirming the existence of family ties.
In addition, you can search for data via the Internet in the electronic registry service. After entering information into the system, matches are selected. Only a narrow circle of people can receive information, so you need to verify your identity.
As a rule, the certificate of ownership of the premises, which until 1998 was issued by city authorities, and after a specialized institution, acts as a title document.
The bodies of the Federal Registration Service today maintain registers of property rights and register contracts concluded with real estate and the transfer of property rights in connection with them.
Especially convenient is that the package of documents can be submitted to any of the offices of the registration service, without reference to the place state registration the former or future owner of the property, the location of the property itself, as well as the current “one stop shop” principle.
Today, any person can, by submitting an appropriate application and paying the amount of the state fee established by law, receive the necessary information from unified registry rights to real estate. In addition to the application and receipt of payment of the state duty, you will need a passport of a citizen of the Russian Federation or another identity document.
But with all its simplicity, for example, only the owner himself or a person authorized by him can obtain, for example, a duplicate of the Certificate of Ownership upon presentation of a notarized power of attorney.
In addition to the Certificate, the title document is the contract on the basis of which the owner received the real estate. If we are talking about a residential property purchased on the secondary housing market, then such a document will be a contract of sale or an exchange agreement. If the contract was purchased by the owner from the municipality, then such a document will be a contract for the transfer of residential premises. If the property was received by the owner as an inheritance, then it is necessary to present a Certificate of the right to inheritance.
If the immovable property was obtained as a result of a court decision, then an appropriate court decision should be attached. Depending on the grounds for acquiring a dwelling, title documents will also change.
You will need a fresh extract from the house book, which must be received no later than one month before submitting documents to the registration authority.
To obtain it, you must apply with an application to the regional settlement and information center at the location of the property.
The applicant has the right to act as the owner of the residential premises, his representative by proxy or another person registered in the premises for which the extract is requested. In this case, the applicant will need a passport of a citizen of the Russian Federation, as well as a power of attorney if he is an authorized representative of the owner or a Certificate of Ownership, if the owner applied with an application.
A certificate of the right to inheritance by law is a document that is issued without fail after the fact of inheritance. A certificate of the right to inherit by will is drawn up in the presence of a notary. You can check the certificate of the right to inheritance in the appropriate register in the notary chamber.
How to get a certificate of inheritance of property?
Making an inheritance after death is a rather complicated procedure. To recognize the ownership of the inheritance, you must issue a certificate. The document is not legal, that is, only on its basis it is impossible to obtain the assets of the deceased. It simply confirms the existence of an inheritance law for individuals or public institutions.
The certificate of the right to inheritance serves as a guarantee of the right to receive the property of the deceased from the heirs. To get it, you need to have a certain package of documents on hand. It is provided in accordance with many legal subtleties, taking into account new changes in laws. Be sure to check the information provided.
Verified information:
Only after verifying the above data, the notary can issue a certificate form. Heirs must submit a statement of intent. A fee will be charged for issuing it.
Where can I get a document confirming the right of inheritance? This question comes up first. The certificate is issued by a notary. Before applying for a document, you must: Apply. It must contain the information that the heir asks to provide him with a document in accordance with the law. Consideration of the application is carried out by the same notary who opens the inheritance case.
The certificate of the right to inheritance is issued by a notary after payment of the state fee. The amount is always calculated individually and depends on a number of factors:
Other categories of beneficiaries are exempt from paying state taxes. These include minors and legally incompetent citizens. But it is required to provide documentary evidence that they can be exempted from payment.
Before you begin to get acquainted with the documents confirming the seller's ownership of the property being sold, ask him for a passport, which should prove his identity and show other information. First of all, pay attention to the marital status of the seller, the number of his officially registered marriages and divorces. Check all the dates on your passport with the numbers on your title deeds. If the property offered for sale was purchased during marriage, then the former spouse or spouse can at any time file a lawsuit in court, demanding the legally owed housing or part of it. Former spouses have the right to claim half of the property acquired during marriage within three years from the date of the official divorce, even if they were not registered in the apartment and did not live in it. Moreover, in some cases, the court may extend the period limitation period if the reasons for his omission are recognized as valid. Ask to see documents evidencing the division of property of the spouses or a court decision, if any trial. In addition, if the division of the property of the spouses took place in court, then specify whether the court decision has entered into legal force, whether an appeal has been filed.
In the seller's passport, special attention should also be paid to children who may be co-owners of the apartment, for example, under a sale and purchase agreement or as a result of the privatization of real estate or have the right to use housing. If the seller has minor children, then in order to sell the apartment, he will need permission from the guardianship and guardianship authorities, which is issued on certain conditions, for example, the purchase new apartment similar area in a certain area of the city. In such cases, the guardianship and guardianship authorities take care of the interests of the child, therefore, if the conditions set by them are violated, then the concluded contract for the sale of an apartment may be terminated by a court decision. If minor children are not the owners of the real estate being sold, but are only registered in it, then the consent of both parents expressed in writing is required to conclude a contract of sale. At the same time, parents should not be deprived of parental rights, and children should be discharged from the apartment being sold and registered in a new one.
It happens that people create formal families at an already respectable age, as a rule, they already have previous marriages behind them and, of course, there are children, often already adults, and there is also living space.
But what to do in the case, for example, when a woman lives in her husband's apartment, but he made a will in favor of his grandchildren
Moreover, if a man needs help and constant care due to a serious illness, and all this lies on the shoulders of his wife, what will happen to the living quarters after the death of her husband?
If the spouse is unable to work, and, as a rule, this is the case due to her age, then she is entitled to a share in the apartment, regardless of the content of the will.
And the size of this share is not less than half of that which would be due to a woman upon inheritance by law.
This norm is stipulated in Article 1149 of the Civil Code of the Russian Federation.
The procedure for determining this share and its size depend on such factors as the presence of other heirs by the law of the spouse, who are part of the heirs of the first stage, that is, we are talking about parents, children, as well as the presence of other hereditary property.
Let's try to understand all of the above using a completely accessible and simple example, so in the case when there is no other property that could be the subject of inheritance, and if there is one heir of the first stage (the child of the spouse, who is the parent of the grandchildren) , then in the case of inheritance by law, the living quarters were divided between the spouse and the adult child in equal shares, that is, 12 each.
And then we would not be talking about grandchildren, since in such a situation, according to the law, grandchildren do not inherit.
And if there is a will, which was mentioned at the beginning of the article, the obligatory share will not be half, but the 14th part, that is, in this case, we are talking about half 12, and the remaining three-quarters of the apartment goes to the grandchildren, according to the will (each in equal parts).
And the widow will be able to dispose of her share in the residential premises at her own discretion, that is, she has the right to live in it by registering the right of ownership, as well as to sell her share, exchange or donate it.
Intestate inheritance tax and probate inheritance taxes are two different things.
The amount of this fee depends on the degree of kinship between the heirs and the testator and is calculated on the basis of paragraph 22 of paragraph 1 of part 333.24 of article tax code Russian Federation:
Citizens specified in Article 333.35 of the Tax Code of the Russian Federation may be exempted from paying this tax:
Is there tax on inheritance under a will? And the inheritance tax under the will is not paid to a relative?
Will inheritance taxes be myth or reality? Many changes have been made to this system. It's hard to keep track of everyone. That's why you couldn't pay taxes yesterday, but you owe it today. To avoid surprises, you should be constantly interested in the changes made to some provisions of the Russian Federation.
The fact is that in fact the inheritance tax has been abolished. Currently, this rule applies to citizens of the Russian Federation. But not really. It turns out that inheritance by law in some cases does require the payment of a certain amount of money.
As already mentioned, people are not always completely free from payments. In some cases, inheritance tax is levied. It's true, not very often. But from all relatives who rely on the property of the deceased.
As a rule, cash is considered. Or, in other words, income. But first, some information about the process in principle. There are at least two forms of inheritance - by law and by will. In order to avoid any disputes about who is eligible to apply for what, you should know in which cases you can use one or another option.
Under the non-inheritance law, all members of the family accept the order of succession. As a rule, distribution extends to those who are close to the first stage.
In addition, property is divided according to law when the will specifies the "sharing" of something specific. Application for disinheritance (partial or total), refusal in favor of a parent, absence of heirs in the text of the will, as well as their withdrawal as plaintiffs - all this applies here. Therefore, do not think that only a will gives the right to inherit.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
A will is a fairly important act that allows you to distribute the property of the deceased among the heirs. In one case, the division of property takes place in a peaceful manner, while in the other, this procedure becomes much more complicated, since one of the parties begins to assert its rights, and in one case this may be justified, but in the other not. In this article, we will analyze what the invalidity of a will is, what is the judicial practice, etc.
The judicial practice of recognizing the invalidity of a will, first of all, proceeds from how lawful the statement of the party to recognize the invalidity was.
Here, of course, the law works, which provides for cases of invalidity, although very vaguely. This case can be analyzed by analogy with the invalidity of the transaction.
So, if the testator was mistaken during the preparation of the will, then this may serve as a basis for recognizing the will as invalid. Here it is worth paying attention to the evidence base, since in the case of the presence of such a fact, but the absence of evidence in court, this may not help in any way.
There are cases when it is not required to invalidate a will, such wills are called void. That is, these are those wills that initially did not take legal form. This happens mainly from obvious violations of the law in the process of making a will, for example, when the form of the will was not observed, or when not one's own property was bequeathed. Thus, the judicial practice here is quite unambiguous, if the will is already insignificant, then the heirs do not have any rights to property under the will.
It is also worth paying attention to minor violations, for example, typos in the will. A will is an act that has some freedom in writing, so there may be some typographical errors or some small problems with the form. This, in fact, cannot but serve to invalidate the will, as evidenced by judicial practice. The main thing in this case is the observance of an important condition - the absence of distortion of the meaning of the will.
A statement of claim for the recognition of a will as invalid in its essence is not much different from statement of claim about invalidation of the transaction.
Here it is necessary to indicate the will itself, attach it to the case file, and also provide evidence that will become the basis for declaring the transaction invalid.
From an actual point of view, this seems to be a happy simple occupation, however, from a formal point of view, everything is not so simple. Many heirs cannot defend their rights only because they cannot correctly represent their interests in court. Here it is better to consult, or even involve a lawyer who works in such cases.
In this section, it is important to keep in mind that revoking a will is a fairly serious legal step. Cancellation of a will can be done for several reasons:
In the first case, it is clear: the legal basis of the will is not valid, which means there are no legal consequences. However, some heirs could hide such a fact, which in fact is already the subject of not only civil law relations, however, in them this will is already considered void, and has no further legal consequences.
A will can only be canceled and declared invalid only in court, unlike the other two ways of canceling a will. The court, taking into account all the evidence, as well as relying on the provisions of the law, must decide whether to recognize this will as invalid or not.
It should be understood that far from always the reasons for the cancellation of a will are legal, therefore it is better to first read the law, special literature on such issues, judicial practice or contact a lawyer.
For general reasons (Articles 168 - 179 of the Civil Code of the Russian Federation), a will may be invalidated in the following cases:
Special grounds for invalidity would include the following reasons:
This is an indicative list of the most common cases, it is not exhaustive, so it is worth considering that if you have an idea about the illegality of a will, then you may well develop this question.
Important! For all questions, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Free legal hotline.
Show all
The appointment and appointment of an heir in a will is the right of the testator to make a will in favor of one or more persons included and not included in the circle of heirs in accordance with federal law.
The testator has the right to indicate in an official document another citizen as an heir. (appoint an heir), if the previous one has already passed away before entering into the inheritance.
The assignment of heirs in the literature is called replacement, and the alleged heirs are called replacements. The appointed heir may be any citizen or legal entity, as well as the state.
The appointment and subappointment of an heir in a will is the basis for granting the property of a deceased person. How to appoint your successor? Everything will depend on the will of the person. How do you designate heirs in a will? It is only necessary to determine the heirs in the will.
The law does not limit the number of subcontracts, so the testator has the right to replace the heir and the signed heir. The usual wording is: "I will leave the property to one or the other, and if he refuses the inheritance, I will appoint the heir of one or the other", but this can be continued with the words: "If the latter withdraws from the inheritance, the inheritance must pass ...". However, a double or triple goal is quite rare in practice.
Often there are situations when, under the guise of a donation, a very real transaction takes place. For example, a person wants to sell a room in a communal apartment. The fact is that, according to current laws, other owners common property have pre-emptive rights. At the same time, it is necessary to properly notify them, which often becomes a problem - they do not accept the notice, they evade the transaction. In such a situation, registration of a deed of gift can help.
A donation agreement is also beneficial in cases where the owner does not want to leave, for example, an apartment to his legal heirs. In such a situation, making a donation for an apartment can be an excellent way out.
If the donor has thought it over well, is completely confident in his actions, then he should collect a number of documents. The most difficult type of donation is the donation of real estate. You will need a TIN, a passport, documents confirming the right to, in fact, the real estate itself, an extract from the register of ownership (BTI certificate), a document confirming the valuation of the property. It should be noted that there is no universal list of documents, the list may vary depending on specific circumstances. Certain types of documents must be certified by a notary, who will help you figure out how to draw up a deed of gift, what documents are needed.
The collected, notarized documents, together with the donation agreement, should be registered with the Federal Registration Service. To draw up the contract itself, the participation of a notary may not be required, however, the slightest inaccuracy, a blot - and the documents will be returned for revision. Therefore, the help of a professional lawyer will still not be superfluous - without it, the process can drag on for months.
The question of how much a donation costs involves, first of all, a tax on the transfer of property:
Other expenses:
If the heir is dismissed as unworthy, renounces the inheritance, does not accept it, without specifying in whose favor he refuses, then the share of the inheritance inherited by him passes to the heirs in accordance with the right of representation in proportion to the inheritance shares.
As a rule, inheritance transfer is excluded if another heir is appointed by will instead of the deceased heir. If an heir has been disinherited, renounced or deemed unworthy, then his descendants will not be able to inherit by right of representation.
Getting an inheritance is easy enough. The main thing is to come to the notary's office and provide a complete package of documentation in accordance with the current federal legislation. Then get the necessary documents for the acquired property.
After receiving a writ of execution for the recovery of funds, the recoverer can independently engage in its execution:
Unfortunately, independent tools are unreasonably scarce, and independent execution often turns into a cat-and-mouse game with a debtor, when money “walks” through the debtor’s accounts, depending on where the creditor has presented performance list.
In the absence of reliable information about the availability of funds on a specific settlement account of the debtor, seeking help from bailiffs seems to be the most correct.
So, if on your own means always quickly, but far from always effective.
You will be doomed to a certain red tape, but at the same time, you will receive all the tools provided by law for the enforcement of a writ of execution.
Enforcement proceedings are initiated no later than 6 days from the date of receipt of the writ of execution by the service bailiffs. The debtor, as a rule, is given a 5-day period for voluntary performance. That is, after 11 days, active work should begin on your sheet.
The functional content of such work depends on you and the specific situation. The bailiff, in practice, is likely to limit himself to requests to the Unified State Register of Real Estate Rights about registered rights to real estate and information about the debtor's accounts.
The Federal Law "On Enforcement Proceedings" provides for a two-month period from the date of initiation of enforcement proceedings for the execution of the requirements contained in the executive document. The term is not restrictive, but within its framework, the bailiff must perform the minimum amount of work aimed at the execution of the judicial act.
If you have information that the debtor owns property that can be foreclosed on, do not forget to indicate the need for his arrest in the application for initiating enforcement proceedings. In order to prevent foreclosure on property, debtors very often "sell" all their property, while remaining its actual owner.
Below we provide a minimum list of what a bailiff should do for any enforcement proceedings(independently or at your request)..
To identify the property of the debtor, the bailiff must send requests regarding the debtor and his wife to the following registration and other authorities:
Taking into account the information received at the request of the bailiff, the bailiff is obliged to carry out visits and inspections within the time limits regulated by law, as well as to conduct an inventory and arrest of the debtor's property, funds; assess the seized property and organize its subsequent sale.
Also, do not forget to petition the bailiff for a temporary restriction on the debtor's departure from the Russian Federation and to extend this measure of enforcement once every six months.
When presenting a writ of execution to the bailiff service, it is necessary to understand that in order to fully study the situation, it is necessary to control the course of enforcement proceedings, otherwise the only thing that will be done is a decision to initiate enforcement proceedings.
The exactor must be notified about the initiation of enforcement proceedings, the seizure of the debtor's property, its transfer for sale, the postponement and suspension of enforcement proceedings, the termination of enforcement proceedings and its completion, the commission of other enforcement actions.
Simply put, the law obliges the bailiff to notify you of almost any action taken as part of enforcement proceedings.
Violation of this requirement makes it possible to appeal (dispute) the inaction of the bailiff.
In addition, the law obliges the bailiff-executor to be proactive. For example, when the debtor evades registration of property that can be foreclosed on, and the debtor has no other assets, the bailiff-executor has the right (Article 66 of the Federal Law "On Enforcement Proceedings") to perform state registration of the debtor's rights to property and subsequent foreclosure on that property. Please note that the control function, as well as the collection process itself, can be transferred to .
Non-execution by the bailiff of his rights (inaction) can also be challenged.
To induce to commit performing actions, you can appeal or challenge the actions (inaction) of the bailiff of the performer. The Law on Enforcement Proceedings describes in detail the procedure and deadlines for filing a complaint, establishes requirements for the form and content of a complaint.
An appeal is a procedure that consists in filing a complaint in order of subordination to a superior, in relation to the bailiff-executor official.
Also, the actions (inaction) of the bailiff may be challenged.
Challenging is the same procedure, only the question of the legality of an action (inaction) is decided not by a higher official, but by a court.
Contestation differs from appeal in that it is carried out through the judicial authorities. It is noteworthy, but the terms for contesting differ depending on which court the actions (inaction) of the bailiff-executor are contested. The term for challenging the actions (inactions) of the bailiff in Arbitration Court is 3 months. The term for challenging the actions (inactions) of a bailiff in a court of general jurisdiction is 10 days.
To increase the efficiency of bailiffs on your writ of execution, it is impossible to neglect such a tool as contesting (appeal). As a rule, after filing a complaint, bailiffs-executors independently eliminate the violations committed.
Do not forget about such a method as from the treasury of the Russian Federation of losses incurred due to illegal actions (inaction) of the bailiff.
In all cases when, due to the illegal behavior of an official of the bailiff service, your chances of receiving a debt from the debtor have decreased or become equal to zero, you can apply to the court to declare the actions (inactions) of the bailiff illegal and to recover damages.
The classic cases when you should go to court with the above requirements are:
Despite the apparent simplicity of the execution of a court decision, in practice, without qualified assistance, it is difficult to achieve real execution.
Be prepared for the fact that having applied all enforcement measures to the debtor, you may never reach the real execution. It is possible that your debtor, even before entering into a contractual relationship with you, for example, was “a goal like a falcon” and he simply does not have any assets, and, therefore, the ability to pay off.
It's time to think about and assess your risks in advance.
Regulations on the Ministry of Justice of the Republic of Belarus, approved by the Decree of the Council of Ministers of the Republic of Belarus dated October 31, 2001 N 1605, other regulatory legal acts regulating public relations in the field of enforcement proceedings, and determines the conditions and procedure for the execution of enforcement documents.
The tasks of enforcement proceedings are to ensure the execution of decisions, rulings and resolutions of courts in civil cases, rulings in cases of administrative offenses, sentences, rulings and rulings in criminal cases in terms of property penalties, as well as resolutions and decisions of other bodies, the execution of which is entrusted by the legislation to judicial performers, control over voluntary execution, and, if necessary, their enforcement in order to protect and protect the rights of citizens, legal entities and the state confirmed in the manner prescribed by law.
2. Enforcement actions on the territory of the Republic of Belarus are carried out by bailiffs attached to the respective courts.
3. A citizen of the Republic of Belarus who has reached the age of eighteen, has a secondary specialized legal education or a higher legal education (for a senior bailiff of a district (city) court - a higher legal education and work experience in the legal specialty of at least two years, including including at least one year in the position of a bailiff, for a senior bailiff of the regional, Minsk city courts - higher legal education and work experience as a bailiff of a district (city) court for at least two years), capable of his business and personal qualities, and also, for health reasons, perform the duties assigned to him.
A bailiff is an official in the public service.
A citizen cannot be appointed to the position of a bailiff if there are grounds for refusing admission to the civil service, established by law.
In district (city) courts, where there are two or more bailiffs, in the regional, Minsk city courts, a senior bailiff is appointed.
Senior bailiffs, bailiffs are appointed and dismissed from office in the manner prescribed by the Ministry of Justice of the Republic of Belarus.
In courts where there are twelve bailiffs or more, the work of bailiffs is organized according to the zonal principle. Court bailiffs are divided into groups of four or five people, the work of each group is organized by a senior bailiff.
The workload of the senior bailiff of the district (city) court supervising the work of the group should not exceed 70 percent of the workload of the bailiffs included in the group.
The heads of the main departments of justice of the regional, Minsk city executive committees (hereinafter referred to as the main department of justice) and the chairmen of the respective courts bear personal responsibility for the selection of personnel of bailiffs.
In courts with the number of bailiffs from six units and more, specialization is introduced in the execution of enforcement proceedings. The bailiff who executes the consolidated enforcement proceedings, combined in accordance with paragraph 15 of this Instruction, is appointed by the chairman of the court.
The exit (departure) at the place of residence (place of stay) or the location of the debtor or his property is carried out by a group of bailiffs in the amount of at least two people.
The bailiff is subject to mandatory state insurance in accordance with the law.
Bailiffs in the performance of their official duties wear uniforms, have insignia, the descriptions of which are approved by the President of the Republic of Belarus.
Bailiffs are issued service certificates in accordance with the law.
4. Organization of activities of bailiffs of district (city), regional, Minsk city courts is carried out by the Ministry of Justice of the Republic of Belarus, main departments of justice and chairmen of regional, Minsk city courts.
The Ministry of Justice, in accordance with the tasks assigned to it:
implements public policy in the field of justice;
exercises control over the work of bailiffs in the fulfillment of the tasks assigned to them;
organizes activities aimed at improving the professional training of bailiffs;
establishes the number of staff, determines the standards for the material and technical support of bailiffs, considers, within the competence, complaints against their actions;
develops drafts of legislative and other normative legal acts on the issues of improving the activities of bailiffs.
Main departments of justice, regional, Minsk city courts:
organize the work and control the activities of bailiffs;
ensure control over the timely and complete execution of executive documents;
select candidates for the positions of bailiffs and maintain their reserve;
organize vocational training and advanced training of bailiffs, carry out their certification and re-certification;
within the limits of their competence, they consider appeals of citizens and legal entities on the issues of execution by courts of enforcement documents, take measures to improve this work;
analyze statistical data on the conduct of enforcement proceedings;
summarize the practice of execution of executive documents;
develop and submit proposals to the Ministry of Justice to improve the activities of bailiffs.
In courts, the general management of the activities of bailiffs is entrusted to the chairmen of the courts.
In accordance with the Regulations on the chairman of the district (city), intergarrison military court of the Republic of Belarus and the Regulations on the chairman of the regional, Minsk city, Belarusian military court of the Republic of Belarus, approved by the Decree of the Ministry of Justice of the Republic of Belarus dated June 30, 2005 N 32 (National Register of Legal Acts Republic of Belarus, 2005, N 109, 8/12845), chairmen of courts:
organize the work of judges to control the correct and timely execution of enforcement documents;
carry out quarterly inspections of the work of each bailiff with the preparation of inspection acts and discussion of the results at operational meetings of the court;
at least once a month, they check the status of the book of accounting for deposit amounts by counting and reconciling the amounts received and issued with an extract from the bank's deposit account;
ensure prompt and real execution of executive documents by bailiffs.
Taking into account the ratio of categories of enforcement proceedings, the number and qualifications of bailiffs, the chairmen of the courts, by appropriate order, approve the specialization in the execution of enforcement documents.
Control over the fulfillment of the tasks assigned to bailiffs is carried out by judges and senior bailiffs.
The audit reports indicate the existing shortcomings in the work of bailiffs, the reasons for their admission and measures aimed at eliminating them.
When transferring a bailiff to a new position or dismissing him, court presidents organize a study of the activities of this bailiff, including compliance with the requirements of Chapter 24 of this Instruction, with the preparation of a certificate.
5. The competence of the bailiff includes the issues of initiating enforcement proceedings, control over voluntary enforcement, enforcement, return of the writ of execution to the recoverer, determination of the costs of executing the writ of execution, taking measures to establish the location of the debtor and other actions provided for by law and this Instruction.
6. In the implementation of obligations for the execution of executive documents, bailiffs are representatives of the authorities.
The legal requirements of a bailiff for the execution of enforcement documents are binding on all citizens, including officials, as well as legal entities throughout the territory of the Republic of Belarus.
Failure to fulfill or obstruction of the fulfillment of the lawful demands of a bailiff, insulting his honor and dignity, violence against a bailiff, encroachment on his life, health and property or the threat of such violence or encroachment, as well as other actions that prevent the performance of duties assigned to him, shall entail responsibility in accordance with legislative acts.
Employees of internal affairs bodies, within the powers granted to them by law, assist bailiffs in the performance of their official duties in cases where bailiffs are prevented from performing enforcement actions or their life and health are in danger.
If the debtor avoids appearing in court without valid reasons, the bailiff within three days has the right to submit a proposal to the judge to issue a ruling on bringing the debtor in accordance with Article 169 of the Civil Procedure Code of the Republic of Belarus or draw up a protocol on an administrative offense under Article 24.6 of the Code of the Republic of Belarus on administrative offenses .
In case of non-fulfillment of the requirements of the bailiff, as well as non-execution of the executive document, court order or other act, the bailiff is obliged to draw up a protocol on an administrative offense under Articles 24.9, 24.10 of the Code of the Republic of Belarus on Administrative Offenses.
7. The bailiff cannot participate in the execution of the enforcement document and is subject to challenge if he is personally directly or indirectly interested in the outcome of the case or is a relative of one of the parties or there are other circumstances that cast doubt on his impartiality. The question of challenge is decided by the judge. The ruling on refusal to challenge may be appealed or protested.
The filing of a complaint or protest does not suspend the execution of enforcement actions. All documents related to the issue of disqualification of a bailiff shall be attached to the relevant enforcement proceedings.
8. In the event of a challenge of a bailiff, on the basis of a court ruling, it is transferred to another bailiff of the same court, and in the event of a challenge of all bailiffs of this court, it is sent to another court through the main department of justice for execution with copies of all documents in the executive production.
9. Bailiff in execution official duties for the execution of executive documents has the right:
consider issues of initiating and ending enforcement proceedings, refusing to initiate enforcement proceedings, returning a writ of execution to the recoverer and postponing enforcement actions;
summon citizens and officials to court on the basis of executive documents that are in production;
demand from citizens, officials, relevant legal entities information about accounts and deposits, including information about the existence of an account, its owner, number and other details of the account, the amount of funds on accounts and deposits, as well as information about specific transactions, on operations on accounts and deposits, as well as on property in storage, with the preparation of a request in the form in accordance with Appendix 1;
demand from managers and other officials the allocation of specialists to clarify issues that have arisen during the execution;
upon presentation of an official certificate, freely enter the territory and premises occupied by the debtor, have access to warehouses, storage facilities, production and auxiliary premises and other facilities to check the availability of funds, valuable papers and other material values, unless otherwise provided by law. If necessary, with the participation of attesting witnesses, conduct an inspection of the production, storage, trade and other premises of the debtor. The opening of the premises in pursuance of a court decision on moving in (evicting) is carried out in the presence of the debtor or his adult family members, and in their absence - with the participation of witnesses, employees of the internal affairs bodies with the production of an inventory of all property located in the premises;
in necessary cases, seal the premises, storage facilities and property of the debtor;
use non-residential premises for temporary storage of seized property with the allocation of storage costs to the debtor;
use the transport of the recoverer or the debtor to transport the property confiscated from the debtor with the allocation of transportation costs to the debtor;
require citizens, officials, relevant legal entities to perform certain actions specified in executive documents or aimed at their execution;
in case of ambiguity or inaccuracy of the executive document, apply for clarification on the execution of the executive document in the form in accordance with Appendix 2 to the court or the body that issued it, to clarify its execution;
apply to the judge with a motion to issue a ruling and send it to the competent authorities to suspend the movement of cargo or to temporarily restrict debtors' right to travel outside the Republic of Belarus until they pay off their debt on executive documents;
draw up, in accordance with the second part of Article 3.30 of the Procedural and Executive Code of the Republic of Belarus on Administrative Offenses, protocols on administrative offenses in respect of persons who do not comply with the requirements of a bailiff or who do not execute executive documents, a judicial decision or other act;
on the basis of a court ruling, take the measures provided for by law to secure the claim;
to seize the property of the debtor and make an inventory of it;
evaluate the property, inviting, if necessary, an expert (specialist) for these purposes, and the valuation residential buildings(apartments), other buildings, buildings, structures, objects of trade and special purpose and enterprises as a single property complex - with the obligatory participation of an expert (specialist);
sell at auctions, through commission shops, as well as in any other way provided for by law, the property of the debtor;
to foreclose on the sums of money and property of the debtor held by other persons;
upon detection of forgeries, forgeries, other abuses, in accordance with the procedure established by law, seize the necessary documents, leaving an act of seizure and copies or an inventory of the seized documents;
on behalf of the judge, check the facts of failure by state bodies and officials to take measures to implement the court decision;
to carry out other measures provided by law for the execution of executive documents.
Citizens and officials of legal entities are summoned by a bailiff to court by a court summons in the form in accordance with Appendix 3, which is sent by registered mail with notification of its delivery.
In necessary cases, the participants in enforcement proceedings may be called by telephone or telegram, as well as using other means of communication that ensure the recording of a notice or call.
10. The bailiff issues decisions on (about):
initiation of enforcement proceedings according to the forms in accordance with Annexes 4, 5;
refusal to initiate enforcement proceedings in the form in accordance with Appendix 6;
return of the executive document without initiating enforcement proceedings in the form in accordance with Appendix 7;
postponement of enforcement actions in the form in accordance with Appendix 8;
return of the executive document to the recoverer in the form in accordance with Appendix 9;
completion of enforcement proceedings in the form in accordance with Appendix 10.
The decision is signed by the bailiff and certified by the seal of the bailiff of the established form in accordance with Appendix 11.
Decisions of a bailiff may be appealed by a recoverer or a debtor, or protested by a prosecutor to the court in which the bailiff is a member, in the manner and within the time limits established by the Civil Procedure Code of the Republic of Belarus.
Control over the use and storage of seals of bailiffs is carried out by the chairman of the court.
Accounting and storage of seals of bailiffs is carried out by a senior bailiff, appointed by the order of the chairman of the court to be responsible, in the register of seals of bailiffs in the form in accordance with Appendix 12. The seals are stored in cabinets (safes).
11. The bailiff is obliged to use the rights granted to him in accordance with the law, while not allowing infringement of the rights and legitimate interests of individuals and legal entities, to take all measures for the timely, correct and complete execution of enforcement actions, to explain to the parties their rights and obligations, as well as inform them in a timely manner about the measures taken and the results of enforcement actions, raise the issue before the court about bringing the perpetrators to justice for violations of the requirements of the law.
12. The bailiff, on the basis of a court ruling, no later than the day following the day of initiation of enforcement proceedings, takes measures to ensure the execution of the writ of execution. Enforcement of a writ of execution is allowed in any provision of enforcement proceedings, if the failure to take security measures may make it difficult or impossible to execute the writ of execution.
Measures to ensure the execution of the executive document are:
seizure of the debtor's property, including the debtor's funds within the amount necessary for the execution of the executive document and reimbursement of expenses for the execution of the executive document, which are with him or with other persons;
seizure of the debtor's property held by him or other persons;
prohibition of the debtor to perform certain actions;
prohibition to the debtor to use the property belonging to him or setting limits on the use of property;
sealing of the debtor's property;
seizure of title documents, including securities;
prohibition to other persons to transfer property to the debtor or to fulfill other obligations in relation to him;
other measures established by the legislation.
In necessary cases, several measures to ensure the execution of enforcement actions may be allowed.
It is allowed to replace one measure to ensure the performance of enforcement actions by another. The issue of replacing one measure to ensure the performance of enforcement actions by another is considered by the court on the proposal of the bailiff or the application of the parties, the prosecutor. Consideration of the issue of replacing one measure to ensure the performance of enforcement actions by another does not suspend the application of previously established security measures.
13. The bailiff immediately (with the submission of available documents) informs the chairman of the court about the abuses, offenses and other violations of the law revealed during the execution of the executive document.
14. Execution according to executive documents is carried out by a court enforcement officer in the area of activity of which the debtor lives or works, or at the location of his property (if the debtor is a legal entity - at the location of the executive body of this person or at the location of his property).
If in the process of execution of the executive document the place of residence (place of stay) or location of the debtor has changed and there is no property left that could be levied at the former place of residence (place of stay) or location of the debtor, the bailiff makes a submission to the judge for permission the issue of sending a writ of execution to the court at the place of residence (place of stay) or location of the debtor, which indicates information about the location of the debtor or his property.
The issue of sending a writ of execution to another court is resolved by the court within three days from the date of receipt of the bailiff's submission.
The bailiff sends the enforcement document for execution to the court at the new place of residence (stay) or location of the debtor with a copy of this ruling attached no later than the next day after the ruling is issued by the court. When sending an enforcement document to another court, the recoverer is notified by sending a copy of the cover letter to his address.
When sending a writ of execution from one court to another within the region, the city of Minsk, in addition to a copy of the court ruling, copies of the answers received by the court from registration authorities, state notary offices and private notaries and confirming the property status of the debtor are attached to it.
Copies of the answers are attached, provided that no more than four months have elapsed from the moment they were received until the need arises to send the writ of execution to another court.
It is prohibited to send a writ of execution for execution to another court or at the place of work of the debtor in the absence of reliable (documented) information about the location of the debtor, property or place of work.
Reliable (documented) are the information of registration authorities, public notary offices, private notaries, address bureau, citizenship and migration departments of internal affairs bodies, military commissariats, labor, employment and social protection authorities, housing maintenance services, place of work of the debtor, etc.
Execution of decisions obliging the debtor to perform certain actions is carried out by the court at the place where such actions were performed.
According to the initiated enforcement proceedings, the bailiff cannot carry out enforcement actions outside the served territory. In cases where the debtor has property located on the territory of different regions serviced by several courts, the court in which the enforcement document was originally received for execution, on the basis of the ruling, entrusts the performance of individual enforcement actions to another court.
The interaction of bailiffs of general courts and the Service of bailiffs of economic courts in the Republic of Belarus is carried out in accordance with the Instruction on the procedure for interaction between bailiffs of general courts and the Service of bailiffs of economic courts in the Republic of Belarus, approved by the Decree of the Ministry of Justice of the Republic of Belarus dated November 22, 2006 N 73 (National register of legal acts of the Republic of Belarus, 2006, N 202, 8/15385).
The interaction of bailiffs of district (city) courts and bailiffs of regional, Minsk city courts is carried out in the manner established by the Instruction on the procedure for interaction of bailiffs of district (city) courts and bailiffs of regional, Minsk city courts, approved by the Decree of the Ministry of Justice of the Republic of Belarus of December 15 2006 N 83 (National Register of Legal Acts of the Republic of Belarus, 2007, N 6, 8/15528).
15. In cases where several enforcement proceedings have been initiated against the same debtor, they are combined into a consolidated enforcement proceeding. According to the summary enforcement proceedings, the debtor's property, within the total amount of the recovery and the costs of executing the writ of execution, is seized, which allows the execution of all writ of execution, regardless of the seizures of the debtor's property made to secure another claim (claims).
If enforcement proceedings against the same debtor are initiated in several courts of the region (Minsk), then they are combined into a consolidated enforcement proceeding, which, on the basis of the order of the head of the main department of justice, is transferred for execution to the court at the place of residence of the debtor or the location of the executive body of a legal entity.
If enforcement proceedings against the same debtor are initiated in the courts of different regions (Minsk city), then the fulfillment of the requirements specified in part one of this paragraph is carried out by the Minister of Justice of the Republic of Belarus or his deputy.
In order to implement the requirements of this paragraph and monitor the state of execution, the main departments of justice and the Ministry of Justice of the Republic of Belarus conduct an automated Information system conducting initiated enforcement proceedings (AIS VIP).
16. Enforcement actions are performed by bailiffs, as a rule, on working days from 06.00 to 22.00. The specific time for the performance of enforcement actions is determined directly by the bailiff himself.
When determining the time for performing enforcement actions, the duration of specific actions, the time of travel to the place of their commission and other circumstances are taken into account.
If enforcement actions were started by a bailiff before 22.00, they may be continued later until they are completed.
The performance of enforcement actions on non-working days established by law, as well as from 22.00 to 06.00 local time, is allowed in cases of urgency and on the basis of a decision of a judge of the court in which the enforcement agent is a member. Executive actions are also allowed to be carried out when, through the fault of the debtor or other interested parties, their commission on other days or at other times may make it difficult or impossible to execute the executive document.
17. The expenses necessary for the execution of the executive document, including the storage and transportation of the debtor's property, the organization and conduct of tenders, the payment of experts and specialists, the payment for the travel of the enforcement agent to the place of execution of enforcement actions, are made according to the estimate of the court in which the bailiff.
These costs, with the exception of the costs of organizing and conducting auctions, are recovered from the debtor in favor of the state by court order, regardless of the recovery of property from him, including funds, according to the executable document.
In the case of the sale of the debtor's property at the auction, the reimbursement of the costs of organizing and holding the auction, including the costs associated with the preparation and provision of the documentation necessary for the auction to the participants, is carried out by the buyer of the property. The amount of such compensation should not exceed the amount of the actual costs of organizing and conducting auctions, preparing the documentation necessary for their conduct, and also include the costs of previously unsuccessful auctions in the event of the property being put up for auction again.
18. In the event of enforcement of property recovery actions, according to a court ruling, an additional five percent of each amount collected by the bailiff shall be charged from the debtor. These funds are credited to the deposit account of the respective district (city), regional, Minsk city courts. The district (city) court, within three working days, sends the indicated funds to the account of the relevant main department of justice.
The main departments of justice, regional, Minsk city courts, the Ministry of Justice of the Republic of Belarus use these funds to remunerate senior bailiffs, bailiffs, as well as to improve the material and technical base of courts aimed at ensuring the activities of bailiffs, primarily those courts from which the money was received.
At the same time, of all the funds collected for the enforcement of enforcement actions (in the amount of five percent) and received on the account of the relevant main department of justice, regional, Minsk city courts, at least twenty-five percent must be used to remunerate bailiffs.
Remuneration payable to the senior bailiff of the regional, Minsk city, district (city) courts, bailiffs of the district (city) courts shall be paid in accordance with the procedure established by Chapter 25 of this Instruction for each individual enforcement proceeding and recorded in the book of accounting for the payment of remuneration to judicial performers in the form in accordance with Appendix 13.
A court ruling on the recovery of expenses for the execution of an enforcement document and the recovery of an amount of five percent for compulsory execution may be appealed or protested in the manner prescribed by the Civil Procedure Code of the Republic of Belarus.
19. The costs of transferring (sending) by mail to the recoverer of the recovered amounts are related to the costs of enforcement actions and are made at the expense of the debtor.
20. The enforcement measures include the following actions of the bailiff, taken by him to execute the enforcement document:
foreclosure on the debtor's funds by seizing and writing off the debtor's funds held in banks and credit institutions after the expiration of the period for voluntary execution;
suspension expense transactions on the accounts of the debtor;
foreclosure on the debtor's property by seizure, sale of property;
levying execution on the sums of money and property of the debtor held by other persons by means of seizure and seizure (transfer);
arrest and seizure from the debtor and transfer to the recoverer of certain property specified in the court order after the expiration of the period for voluntary execution;
temporary restriction of the debtor's right to leave the Republic of Belarus;
other legal measures to ensure the execution of the executive document.
21. Enforcement of a writ of execution is carried out by an enforcement agent after the expiration of the period for voluntary execution.
Enforcement actions cannot include sending requests to the agency for state registration and land cadastre, the State Automobile Inspectorate of the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Taxes and Duties of the Republic of Belarus, banks and other financial organizations, since they do not force the debtor to execute executive document.
After the bailiff performs enforcement actions for property recovery, the bailiff is obliged, within three days, to send to the judge a submission on the collection of enforcement costs with an attached calculation of the amounts spent and on the collection of a sum of money from the debtor in the amount of five percent for enforcement, indicating the expiration of the period provided to the debtor for voluntary execution, and (or) the period specified in the court order, the measures taken by him earlier for execution, with the application of the calculation of the amount to be recovered for the enforcement of the enforcement document.
22. Executive actions are performed by bailiffs or in the presence of at least two witnesses.
Witnesses are present during the production of enforcement actions in the following cases:
at the request of the recoverer, debtor or by agreement between them;
at the initiative of the bailiff;
when performing actions related to the seizure of the debtor's property, opening its premises and storage facilities, if the debtor or his representative is not present;
in order to suppress the possible opposition of the debtor to the commission of enforcement actions;
in other cases, when the presence of attesting witnesses is mandatory in accordance with the law.
Persons not interested in the outcome of the case (at least two in number) are invited as witnesses to certify the course and results of the procedural action.
Witnesses cannot be:
persons under the age of majority;
persons recognized in the manner prescribed by law as incapable or partially capable;
persons who, due to physical or mental disabilities, are not able to correctly perceive the fact of the production of a procedural action, its course and results.
The witness is obliged to certify the fact of the execution of enforcement actions, the content and results of the enforcement actions, during the production of which he was present. The witness has the right to know for the production of which executive actions he is invited, on the basis of which executive document they are performed, to make statements and comments on the actions taken. The witness's remarks shall be entered into the act of the corresponding executive action. Before the start of enforcement actions in which attesting witnesses participate, the bailiff explains to them their rights and obligations.
23. The parties in the enforcement proceedings are the recoverer (the person in whose favor the execution of the enforcement document is carried out) and the debtor (the obligated party).
Collectors and debtors can be individuals or legal entities.
The recoverer is a citizen or organization in whose favor or in the interests of which a writ of execution has been issued.
The debtor is a citizen or an organization obliged by an executive document to perform certain actions (to transfer funds and other property, to fulfill other obligations stipulated by the executive document, or to refrain from doing them).
The recoverer has the right to demand the enforcement of the enforcement document. The recoverer and the debtor have the right to be present when the enforcement agent takes actions to execute the enforcement document, the right to appeal against the actions (inaction) of the enforcement agent, receive certificates from him related to the execution of the enforcement document, and also enjoy other rights provided for by the Civil Procedure Code of the Republic of Belarus for legal persons interested in the outcome of the case.
Until the end of enforcement proceedings, the parties have the right to conclude an amicable agreement among themselves.
The settlement agreement concluded by the recoverer and the debtor in the process of execution is submitted to the bailiff in writing, who, within three days, submits it to the judge for resolving the issue of its approval.
The representative participating in the enforcement proceedings, in the presence of a duly executed power of attorney with the powers specified in it, has the right to perform all actions related to the enforcement proceedings on behalf of the person represented.
Certified copies of court documents drawn up in enforcement proceedings, as well as written certificates, are issued by the bailiff to the parties to the enforcement proceedings, persons whose rights are affected by the enforcement, and their representatives upon written application with the permission of the chairman of the court or judge with payment, in appropriate cases, of the state fee on the day of application to court. These statements (and in cases involving the payment of a state fee, and a document confirming its payment) are attached to the enforcement proceedings.
24. Enforcement proceedings are conducted in Belarusian and (or) Russian.
According to the rules set forth in this Instruction, the following court decisions and other acts are subject to execution:
decisions, rulings and resolutions of courts in civil cases, as well as settlement agreements, agreements on children approved by the courts;
sentences, rulings and resolutions of courts in criminal cases in terms of property penalties;
decisions of courts, other state bodies and officials regarding property penalties in cases of administrative offenses;
executive inscriptions of state notary offices and private notaries, the execution of which, in accordance with the law, is within the competence of general courts;
decisions of arbitration courts of the Republic of Belarus, including arbitration courts specially created to consider individual cases, if the party to the case is a citizen who is not an entrepreneur, carrying out his activities without forming a legal entity;
decisions of the Committee state control of the Republic of Belarus on property recovery from citizens who are not entrepreneurs, carrying out their activities without forming a legal entity;
decisions of foreign courts, including arbitration courts, in cases stipulated by international treaties, if the party to the case is a citizen who is not an entrepreneur, carrying out his activities without forming a legal entity;
decisions of comrades' courts on property penalties;
decisions of commissions on labor disputes;
marriage contracts, agreements on the maintenance of their minors and (or) disabled adult children in need of assistance;
other acts in cases stipulated by the legislation.
25. An executive document is a document containing requirements to impose on the debtor the obligation to transfer money and other property to the recoverer or to perform certain actions in favor of the recoverer (refrain from performing these actions).
Executive documents are:
writ of execution issued on the basis of decisions, sentences, rulings and resolutions of courts (judges), settlement agreements, agreements on children approved by the court, decisions of arbitration courts of the Republic of Belarus, decisions of foreign courts, including arbitration (arbitration), if a party to the case is a citizen who is not an entrepreneur, carrying out activities without forming a legal entity, decisions of comrades' courts, marriage contracts, agreements on the maintenance of their minors and (or) disabled adult children in need of assistance and other acts, if this is provided for by law;
judges' rulings on writ;
decisions of prosecutors on administrative eviction;
executive inscriptions of state notary offices and private notaries;
decisions of commissions on juvenile affairs on monetary penalties;
resolutions of state bodies and officials regarding property penalties in cases of administrative offenses;
resolutions of the State Control Committee of the Republic of Belarus on property recovery from citizens;
certificates of commissions on labor disputes;
other acts, if by virtue of the law they are executive documents and are subject to execution by the court.
26. A writ of execution on the basis of court decisions shall be issued by the court of first instance to the recoverer after the entry into force of the decision, sentence, ruling, decision, except for cases of immediate execution, when a writ of execution is issued immediately after the issuance of a court decision.
At the request of the recoverer, the writ of execution is sent directly to the court for execution.
In cases of confiscation of property, recovery of sums of money to the state revenue, recovery of alimony, recovery of expenses spent by the state on the maintenance of children who are on state support (hereinafter referred to as the costs of maintaining children), recovery of sums of money in compensation for harm caused to the life or health of a citizen, recovery of damages caused by a crime, recovery of sums of money from officials guilty of unlawful dismissal or transfer of an employee or non-execution of a court decision on reinstatement at work, the court, on its own initiative, sends a writ of execution for execution, of which it notifies the recoverer.
27. One writ of execution is issued for each court order. In cases where the enforcement of a court order must be carried out in different places or a court order has been issued in favor of several plaintiffs or against several defendants, at the request of the exactors, the court may issue several enforcement documents with an exact indication of the part to be executed under this writ of execution.
When recovering sums of money from joint and several defendants, several writ of execution may be issued according to the number of joint and several defendants. Each writ of execution must include total amount penalties and lists all the defendants with an indication of their joint and several liability.
28. In case of loss of the original of the writ of execution, the basis for collection is its duplicate, issued in accordance with the procedure established by the Civil Procedure Code of the Republic of Belarus by the court or other body that issued the lost original of the writ of execution.
A duplicate of the executive document is not issued if the executive document has already been executed or is not subject to execution due to the expiration of the limitation period, which has not been restored in the manner prescribed by law.
29. The executive document must indicate:
the name of the court or other body that issued the enforcement document, the surname, own name, patronymic of the judge or the relevant official;
number of the case or material for which the writ of execution was issued;
date of adoption of the court decision or other act subject to execution;
essence of execution and execution time;
surname, own name, patronymic of the claimant and debtor ( individual), their place of residence (place of stay), date and place of birth of the debtor, place of his work;
name of the recoverer or debtor (legal entities), their location, bank details;
the operative part of a court decision or other act containing requirements to impose on the debtor the obligation to transfer funds and other property to the recoverer or to perform certain actions in favor of the recoverer (refrain from performing these actions);
date of entry into force of a court decision or other act;
the date of issue of the executive document and the deadline for presenting it for execution.
If the writ of execution is issued on the basis of a decision of a foreign court, in addition to the information specified in part one of this paragraph, it must indicate the name and location of the court, on the basis of whose decision the writ of execution was issued.
In cases of compensation for damage caused by a crime and confiscation of property to the state revenue, the writ of execution must indicate the article of the Criminal Code of the Republic of Belarus, under which the debtor was convicted.
In cases on the recovery of alimony, expenses for the maintenance of children, the surname, first name, patronymic, date and place of birth of the child for the maintenance of which the specified payments were awarded are indicated in the writ of execution.
The executive document may also contain other information necessary for its execution.
An executive document issued on the basis of a court order is signed by the judge who directly issued this court order and certified by the official seal of the court.
An executive document issued on the basis of an act of another body is signed by an authorized official of this body and certified by the seal of the body or person that issued it.
The executive document is filled, as a rule, in typewritten text.
30. Acceptance and registration of enforcement documents are carried out according to the principle of territoriality in accordance with paragraph 14 of this Instruction and in the manner established by the Instruction on office work in the district (city) court of the Republic of Belarus, approved by order of the Ministry of Justice of the Republic of Belarus dated October 18, 2001 N 311 ( National Register of Legal Acts of the Republic of Belarus, 2001, N 110, 8/7435), and the Instructions on Office Work in the Regional, Minsk City Courts of the Republic of Belarus, approved by order of the Ministry of Justice of the Republic of Belarus dated December 10, 2001 N 398 (National Register of Legal acts of the Republic of Belarus, 2002, N 2, 8/7543).
Accounting for executive documents is carried out in the manner prescribed by Chapter 23 of this Instruction.
31. A writ of execution in a case, as well as a ruling on a court order, may be presented for enforcement within three years from the date the court decision enters into legal force (except in cases of immediate execution, when a writ of execution is issued immediately after the issuance of a court decision).
The deadlines for the presentation for execution of other executive documents listed in paragraph 25 of this Instruction are determined by the relevant legislation.
32. According to decisions on the recovery of periodic payments (in cases of recovery of alimony, on compensation for harm caused by damage to health, and others), executive documents remain valid for the entire time for which the payments are awarded. In these cases, the terms are calculated for each payment separately and their flow begins from the day of the due date of each payment.
33. The statute of limitations for the presentation of executive documents is suspended if there are grounds provided for by the Civil Code of the Republic of Belarus for the suspension of the statute of limitations.
34. The limitation period for presenting a writ of execution for execution is interrupted by the presentation of a writ of execution for execution, unless otherwise provided by law.
If one or both parties to the case are citizens, the limitation period is interrupted by the partial execution of the decision.
After a break, the running of the limitation period begins again, and the time that has elapsed before this is not counted in the new period.
In the event of the return of a writ of execution for which no recovery was made in whole or in part, the calculation of a new period for presenting the document for execution begins from the day it is returned to the recoverer.
35. For recoverers who missed the limitation period for presenting enforcement documents for execution for reasons recognized by the court as valid, the missed limitation period may be restored by the court in the manner established by the Civil Procedure Code of the Republic of Belarus, unless otherwise established by legislative acts.
36. The requirements contained in the executive document must be executed by the bailiff within four months from the date of initiation of enforcement proceedings.
The period specified in part one of this clause does not include:
the time from the moment of suspension to the resumption of enforcement proceedings;
the time of delay (installment plan) of the execution of the executive document;
the time from the moment of filing an application for the removal of a bailiff and until the consideration of the application by the court;
the time from the moment the bailiff applied to the body that issued the writ of execution with a request for clarification on its execution;
the time from the date of the decision to search for the debtor until the end of the search;
time from the moment of appealing and protesting the actions of the bailiff.
The period specified in paragraphs four, five, six, seven of part two of this paragraph is not restrictive and does not serve as a basis for the completion of enforcement actions by the bailiff.
The calculation of the terms for the performance of enforcement actions is carried out in accordance with the requirements of Chapter 17 of the Civil Procedure Code of the Republic of Belarus.
37. The bailiff initiates enforcement proceedings within three days after receiving duly executed enforcement documents and an oral or written application of the exactor. In addition, enforcement proceedings are initiated by a bailiff at the initiative of the prosecutor, court, other state bodies, legal entities and citizens, protecting the rights of other persons on their own behalf, in cases provided for by the Civil Procedure Code of the Republic of Belarus.
The application and the executive document may be sent by the recoverer or the body that issued the executive document to the main department of justice for further referral to the court at the location of the debtor or his property. In this case, the executive document must be sent by the main department of justice to the court for execution no later than five days from the date of its receipt.
All information about the debtor known to him must be indicated in the claimant's application.
Upon re-presentation for execution of a writ of execution, for which the recovery was not made in full, the recoverer shall additionally submit to the documents sent (transferred) for execution:
a copy of the decision of the bailiff on the return of the writ of execution to the recoverer;
a copy of the act of impossibility of recovery;
reliable information about the debtor's property or funds or information about the location of the debtor, if the enforcement document was returned to the recoverer due to the impossibility of establishing the address of the debtor-organization or the place of residence of the debtor-citizen (if any).
The bailiff, having checked the correctness of the execution of the enforcement document, the existence of the right to enforcement and compliance with the procedure for its implementation, issues a decision to initiate enforcement proceedings, in which he provides the debtor with a period for voluntary execution, except for the cases specified in part one of clause 38 of this Instruction.
At the same time, the bailiff makes a record on the executive document indicating the date of initiation of enforcement proceedings.
At the request of the bailiff of the economic court or the bailiff of the regional, Minsk city courts, on which a separate enforcement action is to be carried out, the bailiff initiates proceedings for the execution of a petition for the commission of separate procedural actions in the form in accordance with Appendix 14.
A bailiff initiates enforcement proceedings without a claimant's application in cases where a writ of execution is sent for execution to a bailiff directly by the body that issued or sent it for execution.
A copy of the resolution on the initiation of enforcement proceedings (hereinafter referred to as the resolution) is sent (delivered) to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings no later than the next day after its issuance.
The resolution is handed over to the debtor, as a rule, against receipt of its receipt indicating the time of delivery or sent to the place of his residence by registered mail with a return notification of delivery. In the absence of the debtor, the decision is handed over to one of the adult members of his family living with him, and in their absence - to an employee of the housing maintenance service or the administration at the place of work. In these cases, the person who made the decision is obliged to indicate on the receipt in receipt of the decision his last name, first name, patronymic, as well as his relationship to the debtor or his position (for example, husband, father, head of the institution).
If the debtor or a member of his family refuses to accept the decision or to issue a receipt for its receipt, the deliverer makes a note about this and returns the decision to the court, and the bailiff draws up an act about this.
The refusal of the debtor or a member of his family to accept the resolution or to issue a receipt for its receipt is not an obstacle for the enforcement officer to take coercive measures to execute the executive document after the expiration of the period specified in the resolution.
Upon receipt of an executive document on the recovery of expenses for the maintenance of children, on compensation for damage caused by a crime to citizens and legal entities, on the recovery of benefits paid for minor children during the search for their parents, as well as on other penalties made to the state revenue in court, in due to the dismissal of the debtor from work, serving his sentence, parole, new enforcement proceedings are not initiated. Enforcement is carried out by a bailiff within the framework of previously initiated enforcement proceedings.
38. The bailiff does not set a term for voluntary enforcement in the following cases:
if the deadline is specified in the executive document;
if the executive document is subject to immediate execution;
if a court order on the confiscation of the debtor's property, on the imposition of an administrative penalty in the form of a fine, on the recovery of a fine in a criminal case is subject to execution;
if the term for appealing the court ruling on the recovery of enforcement costs from the debtor has expired;
if the writ of execution is presented by the recoverer repeatedly (after the return of the writ of execution in the manner prescribed by paragraphs 42 - 45 of this Instruction);
if the writ of execution entered the court again in connection with the dismissal of the debtor from work, serving his sentence, parole, and so on.
If there are circumstances that give reason to believe that the debtor may squander or hide property, the bailiff is obliged, simultaneously with the issuance of a decision to initiate enforcement proceedings, to take measures to ensure the execution of the writ of execution.
39. Judicial decisions are subject to immediate (no later than the day following the day of initiation of enforcement proceedings) execution:
on the award of alimony;
on the recovery of expenses for the maintenance of children;
on the award of periodic payments in compensation for harm caused to the life or health of a citizen;
on awarding an employee wages but not more than one month before;
on the reinstatement of an illegally dismissed or transferred employee;
on the employment of a person who is unemployed or working, but not fully reimbursing expenses for the maintenance of children within six months;
on the imposition of administrative penalties in the form of administrative arrest or deportation;
on the drive, seizure of property, issued as measures to ensure the administrative process;
in other cases, if the resolution (act) indicates that it is subject to immediate execution;
in other cases stipulated by the legislation.
40. The bailiff refuses to initiate enforcement proceedings:
if there is a court ruling on accepting the claimant's refusal to collect;
if there is a court ruling on the approval of a settlement agreement between the recoverer and the debtor;
if after the death of a citizen or the liquidation of a legal entity that was a recoverer or debtor, claims or obligations cannot be transferred to their successors;
in other cases provided for by legislative acts.
A bailiff shall issue a decision on refusal to initiate enforcement proceedings.
The decision to refuse to initiate enforcement proceedings shall be issued by the bailiff no later than three days from the date of receipt of the enforcement document and the application to initiate enforcement proceedings.
The bailiff no later than the next day after the issuance of the decision to refuse to initiate enforcement proceedings sends (hands over) a copy of the decision to the person who announced the initiation of enforcement proceedings.
The executive document is subject to return to the recoverer or to the court or other state body, other organization, the official who issued this document, after the expiration of the period for appealing or protesting the decision of the enforcement agent to refuse to initiate enforcement proceedings, provided for by the Civil Procedure Code of the Republic of Belarus.
41. The bailiff returns the executive document to the person who declared the initiation of enforcement proceedings, without initiating enforcement proceedings in the following cases:
detection of irregularities in the execution of the executive document;
filing a writ of execution not at the place of execution;
violation of the conditions provided for by part one of clause 37 of these Instructions.
In this case, the bailiff, no later than three days from the date of receipt of the writ of execution and the application for the initiation of enforcement proceedings, issues a decision on the return of the writ of execution.
The bailiff, no later than the next day after the issuance of the decision on the return of the writ of execution, sends (hands) a copy of the decision to the person who announced the initiation of enforcement proceedings.
The return of the writ of execution is not an obstacle to the new presentation of the writ of execution for execution after the elimination of the violations noted by the bailiff.
42. For executive documents for which the limitation period for presenting for execution has expired, enforcement proceedings are not initiated, except in cases of restoration of this period.
The executive document, according to which, after the initiation of enforcement proceedings, the recovery was not made or was made incompletely, is returned to the recoverer:
at the request of the claimant;
if the debtor has no property or income that can be levied;
if the recoverer refused to keep the debtor's property that was not sold during the execution of the writ of execution;
if it is impossible to establish the address of the debtor-organization or the place of residence of the debtor-citizen, the location of the debtor's property, or to obtain information about the availability of funds belonging to him and other valuables that are on accounts and deposits or stored in banks or other non-banking financial organizations, when provided search for a debtor;
in case of detection of incorrect execution of the executive document;
if the deadline for presenting the enforcement document for execution is violated;
if the creditor by his actions (inaction) prevents the execution of the executive document;
if the debtor, who is obliged to reimburse the expenses for the maintenance of children, is recognized as incapacitated or cannot perform parental duties for health reasons according to the list of diseases approved by the Ministry of Health of the Republic of Belarus in accordance with part three of Article 93 of the Code of the Republic of Belarus on Marriage and Family, based on the conclusion of a medical advisory commission issued by the state health organization.
In the cases specified in the third, fourth, fifth and eighth paragraphs of part two of this paragraph, the bailiff draws up an act on the impossibility of collection according to the form in accordance with Appendix 15.
The bailiff shall issue a decision on the return of the writ of execution to the recoverer.
The bailiff no later than the next day after the issuance of the decision on the return of the writ of execution to the recoverer sends (hands) a copy of the decision to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings.
The decision to return the enforcement document to the recoverer on the grounds specified in paragraphs three, four, five and eight of part two of this paragraph shall be issued by the bailiff after the judge approves the act of impossibility of recovery.
43. The act on the impossibility of recovery is approved by the judge after the bailiff checks the property status of the debtor at the place of his residence (stay), location and receipt by the court of information confirming the absence of other property and funds belonging to the debtor.
When approving the act on the impossibility of recovery, the judge checks the correctness of the information indicated in it, whether the bailiff has taken all the necessary measures to search for the debtor’s property and funds, whether the property inventory has been drawn up correctly, whether the claimant or his representative was invited to be present during the production of the property inventory, whether described property and other facts. In necessary cases, the judge calls and interrogates the recoverer about the debtor's property and funds that were not revealed during the preparation of the act.
If, as a result of checking the enforcement proceedings and the act of impossibility of recovery, the judge considers that the bailiff has not taken all measures to identify the debtor’s property and funds, he instructs the bailiff to take additional measures to search for the debtor’s property and funds and levy execution on them .
44. After the judge approves the act on the impossibility of collecting and the enforcement officer issues a decision to return the writ of execution to the recoverer, the bailiff returns the writ of execution to the recoverer along with a copy of the act on the impossibility of collecting and a copy of his decision.
If the recoverer again applies to the court with a statement about the reliable information he has about the debtor's property or funds, which, in accordance with the law, may be levied, or with an indication of the place of residence or work of the debtor, the bailiff within the framework of the newly initiated executive production is obliged to carefully check such a statement of the recoverer and, upon its confirmation, to foreclose on the identified property, funds and income of the debtor.
The return of the enforcement document to the recoverer is not an obstacle to the new presentation of this document for execution within the period established by the Civil Procedure Code of the Republic of Belarus.
45. The issue of returning the writ of execution to the recoverer is considered by the bailiff with notification of the parties.
The absence of the parties duly notified of the time and place of consideration of the issue of returning the writ of execution to the recoverer shall not be an obstacle to its resolution.
46. Enforcement proceedings are terminated by the court in the following cases:
if the recoverer refused to collect and the refusal was accepted by the court;
if the recoverer and the debtor have entered into an amicable agreement, which is approved by the court;
liquidation of a legal entity that is a recoverer, and the absence of its legal successor or the insufficiency of the property of the legal entity being liquidated - the debtor to satisfy the claims of the recoverer and the debtor does not have a legal successor;
the death of a claimant-citizen or a debtor-citizen, declaring him dead, declaring him missing, if the requirements or obligations established by a court order or other act cannot be transferred to the successor or manager of the property of the missing;
if the limitation period established by law has expired for this type of recovery;
if the court decision or other act on the basis of which the writ of execution was issued has been cancelled;
refusal of the recoverer to receive items seized from the debtor during the execution of the enforcement document on their transfer to the recoverer.
The bailiff, having established the existence of circumstances for the termination of the enforcement proceedings, no later than the next day, sends the judge a submission in the form in accordance with Appendix 16 to resolve the issue of termination of the enforcement proceedings.
47. In cases of termination of enforcement proceedings, the enforcement document with the appropriate mark of the bailiff is sent to the court or other state body, organization, official who issued this document. All measures taken by the bailiff to ensure the execution of the writ of execution are cancelled. Stopped enforcement proceedings cannot be started again.
If the enforcement proceedings are terminated due to the conclusion of a settlement agreement, and one of the parties has not fulfilled the terms of the settlement agreement, the court, upon a written application of the other party, issues a writ of execution on the enforcement of the settlement agreement. The issued writ of execution is the basis for initiating a new enforcement proceeding.
48. The issue of termination of enforcement proceedings is considered by the court with notification of the parties.
The absence of the parties duly notified of the time and place of consideration of the issue of termination of enforcement proceedings shall not be an obstacle to its resolution.
The court ruling on termination of enforcement proceedings may be appealed or protested.
49. Enforcement proceedings end with the issuance of a decision by the bailiff to complete the enforcement proceedings after fulfilling the requirements set forth in the executive document, and collecting a sum of money in the amount of five percent for the enforcement of the executive document, and collecting additional costs for the execution of the executive document.
At the same time, the bailiff makes a record on the executive document indicating the end date of the enforcement proceedings.
The bailiff, no later than the next day after the issuance of the decision on the completion of the enforcement proceedings, sends a copy of the decision to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings.
The executed executive document is returned to the court or other state body, other organization, to the official who issued this document.
50. The bailiff has the right to postpone enforcement actions upon the claimant's application for the postponement of enforcement actions in the form in accordance with Appendix 17 or on the basis of a judge's ruling.
If there are circumstances preventing the performance of enforcement actions, the bailiff, by his decision, postpones enforcement actions for a period of not more than ten days at the request of the debtor or on his own initiative.
The bailiff, no later than the next day after the issuance of the decision to postpone enforcement actions, sends a copy of the decision to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings, as well as to the court or other state body, other organization, official, issued the executive document.
51. Enforcement proceedings are subject to mandatory suspension by the court in the following cases:
the death of the debtor, declaring him dead or declaring him missing, if the legal relationship established by the court allows succession, as well as the initiation of bankruptcy proceedings by the economic court of the debtor;
loss of legal capacity by the debtor;
The Ministry of Justice approved the Instruction on Enforcement Proceedings adopted as a follow-up to the Law No. 439-З dated October 24, 2016 “On Enforcement Proceedings” (hereinafter referred to as the Law). The instruction came into force on May 16, 2017.
Withholding from earnings
The employer makes deductions from the earnings (equivalent income) of the debtor-citizen, including individual entrepreneurs, on the basis of the bailiff sent:
Instructions and executive document;
Decisions on foreclosure on wages and income equivalent to it. This is also an executive document, which is sent, in particular, to a part-time employer .
In the order, the employer is asked to withhold a certain amount every month and transfer it to the recoverer or to the account of the enforcement authority. In addition, the amount and frequency of withholding, the amount of debt (if any) are indicated.
Previously, withheld amounts could be handed over to the claimant or sent by mail.
Note!
The recoverer has the right, without initiating enforcement proceedings, to send the employer an application for withholding from the earnings (equivalent income) of the debtor. An executive document must be attached to the application. The tenant is obliged to transfer the retained amounts on it to the recoverer at the expense of the debtor.
The law establishes a single amount of deductions in economic and civil cases. This is not more than 50% of the amount of salary (equivalent income), from which taxes and mandatory insurance premiums. The exceptions are alimony, government spending on the maintenance of children, harm associated with a crime (material damage, moral damage, harm to life and health). Then the amount of deductions will be large .
Note!
The bailiff, at the request of the debtor, may determine a smaller amount of deductions.
The list of income from which deduction is possible contains Part 3 of Art. 103 of the Law, and the order is determined by Parts 1 and 2 of Art. 122 Law.
It is necessary to transfer the withheld amounts to the recoverer or to the account of the enforcement authority within three days. The term is calculated from the moment when earnings (other incomes) are paid to the debtor.
Employer accounting control
The correctness of the deductions is systematically controlled by the bailiff. Now the employer must provide him with information about the deductions and the timing of the transfer of money at least once a quarter.
Note!
The bailiff checks the correctness of the deductions and the timeliness of the transfers not according to the approved schedule, but only if necessary. In particular, based on the statement of the recoverer or debtor.
Return of executive documents
The executive document, according to which the tenant has collected all the amounts, he is obliged to return to the court, to another body or to the issuer within three days. For example, the executive inscription is returned to the notary. Previously, the executive document was sent to the enforcement authority. Also, the tenant must notify the exactor and bailiff of the full execution.
When an employee leaves, the writ of execution must now be returned to the recoverer within three days (formerly, to the enforcement authority). The bailiff is informed about this.
If the penalties were made not on the basis of a presentation, but on the basis of a decision on foreclosure on earnings, then the decision should be returned to the enforcement body.
Bailiff's orders
The instruction established the forms of decisions and other documents used in enforcement proceedings. This is, for example, a request form that a bailiff sends to banks and other organizations in order to obtain information about money, other property of the debtor, and whether he has an electronic wallet.
In the decision to suspend, in whole or in part, operations on the debtor's bank accounts, the bailiff now prohibits banks (as well as non-bank credit and financial organizations) from opening other bank accounts for the debtor. As before, such a decision can be made in relation to third parties (for example, debtors of the debtor who do not comply with the instructions of the bailiff).
Note!
The decisions of the bailiff, which are executive documents (for example, on foreclosure on earnings, on the suspension of operations on accounts), must have his signature and seal with the image of the State Emblem. Other resolutions are stamped with the name of the enforcement body and indicate personal number bailiff.
