Executive Proceedings: major stages and parties

Enforcement is an order established by law and aimed at implementing acts of jurisdictional bodies. He is compulsory. Its main goal is to protect the violated rights or interests. At the same time, it is necessary to clearly distinguish between the enforcement proceedings and the execution of judicial decisions. Since the latter do not always need to be committed, and not for all decisions, a compulsory nature of application is necessary. For example, the recognition of a property right can be performed both through registration with the competent authority and through the presentation of a document confirming the right. In addition, decisions involving state enforcement may be enforced both on a voluntary basis and forcibly, but without the involvement of, for example, bailiffs.

Executive production is regulated by the Federal Law "On Enforcement Proceedings", the Federal Law "On Bailiffs", as well as other acts that establish the procedure and conditions for compulsory activation. For example, the Family Code, which defines the order of execution of a court decision on disputes related to the upbringing of children and to the order of payment of maintenance. At the same time, the execution of punishment in the form of fines and convictions of the court for the confiscation of property is defined by the Penal Enforcement Code.

The main participants are the parties, the court, the prosecutor, the bodies, representatives Parties and other persons who participate in the implementation of law enforcement acts or facilitate the executive process. The parties in such proceedings are the debtor and the recoverer. The latter is an organization or a citizen, in whose favor the document is issued. The debtor is a subject obligated by the executive contract to perform the necessary actions.

It should be noted that enforcement proceedings can not start by itself. This requires the presence of reason and foundation. The last is the entry into force of the court decision. The reason for this is the submission of a statement to the Bailiff Service with an executive document attached to it. Only when Presence of these two components of the bailiff begins its work with respect to a particular case.

However, sometimes situations arise that require suspension of enforcement proceedings. If, until recently, this action could only be carried out by a court, then, according to the new rules, the bailiff also has the right to do so. Moreover, the suspension may concern the entire scope of the case, but only parts. It can also be voluntary or mandatory.

Mandatory suspension of enforcement proceedings occurs when a suit is filed to release from seizure of property, challenging the results of its evaluation and the enforcement officer's decision, as well as in other cases provided for by the legislative act. If such proceedings were suspended, it may be renewed by the determination of that court in whose jurisdiction the bailiff discharges his duties.

The termination of enforcement proceedings is possible by the bailiff in cases where the actual execution of claims occurred, as well as when liquidating the debtor organization. This action is carried out by the court as a result of the death of the recoverer, with the loss of the possibility of execution, as well as in the refusal of the claimant to receive the thing that was seized from the debtor.