Consolidated enforcement proceedings. Federal Law No. 229-FZ "On Enforcement Proceedings"

возбуждается в случаях, когда в отношении субъекта открыто несколько дел о взысканиях имущественного характера. Consolidated enforcement proceedings against the debtor are initiated in cases when several cases concerning property recovery have been opened against the subject. It is also possible to unite the processes in which the entities that are jointly and severally liable in favor of a single lender participate. Let us consider in detail what the consolidated enforcement proceedings are. к нормативным актам, регламентирующим его осуществление, также будут приведены далее. Comments on the regulatory acts that govern its implementation will also be given below.

general characteristics

Executive production is carried out on the principles:

1. Legitimacy.
2. Respect for the dignity and honor of individuals.
3. Timeliness of the commission of appropriate actions and the use of coercive measures.
4. Inviolability of the minimum amount of property necessary for the normal existence of the debtor and his relatives.
5. Relative to the size of the creditor's claims and coercive measures.

The FSSP carries out activities in order to timely and correctly implement acts of state bodies and officials, as well as other documents provided for by legislation to protect interests, freedoms, rights of organizations and individuals, including those arising from international treaties. The lawful requirements of bailiffs are mandatory for power structures, citizens, enterprises. They must be carried out throughout the territory of the Russian Federation. In the event of evasion from payment of the established debt, the employee of the FSSP has the right to apply coercive measures.

Link requirements

допускает объединение нескольких дел по взысканию денежных средств в одно. 229-FZ allows the merger of several cases to collect money in one. The main purpose of this procedure is to establish the order of satisfaction of claims. This is especially true in situations where a person's property is not enough to pay off all obligations.

Sequence of collection

It is determined by Art. . 111 229-FZ . Under the provisions, if the amount collected from the subject is insufficient to pay off all the obligations that are present in the IL, it is distributed among the creditors who submitted the documents in the following order:

1. Alimony requirements, claims related to compensation for harm caused to health, which arose in connection with the death of a breadwinner caused by a criminal act. In the first place, moral damage is also compensated.
2. Requirements for the provision of severance pay, wages to citizens who worked (working) on the basis of an employment contract. Secondly, the amount of remuneration to authors of products of intellectual activity is also collected.
3. Mandatory deductions to off-budget funds and to the budget.
4. Other requirements.

Specificity of repayment

When the amount of money collected from the subject is distributed, the requirements of the next stage are satisfied after the completion of previous payments in full. If the debtor does not have enough money for this, the repayment of the obligations is carried out in proportion to the amount of deductions put to each creditor on the writ of execution. If the satisfaction of claims is carried out with the participation of a bank or other credit organization, the order of writing off money from accounts is established art. 855 CC.

Article 34

It establishes the basic rules for combining several cases. . Normally, in particular, it is determined that several claims of a property nature presented to one entity, as well as directed to several persons bearing joint and several liability, are combined into consolidated enforcement proceedings . In some cases, documents regarding an obligated person (or several solidary) are submitted to different subdivisions of the territorial bodies of the FSSP. открывается в том отделении, которое будет определено главным приставом РФ. In such situations, consolidated executive proceedings are opened in that department, which will be determined by the chief bailiff of the Russian Federation. He also exercises control over the conduct of such a case. допускает передачу этого полномочия одному из заместителей, главному приставу региона или старшему служащему территориального подразделения ФССП. Article 34 permits the transfer of this authority to one of the deputies, the chief bailiff of the region or a senior employee of the territorial unit of the FSSP. A similar rule applies to cases opened against entities that are jointly and severally liable.

Nuances

Documents containing property claims against the person in respect of whom the summary enforcement proceedings are open, as well as the proceedings instituted in other divisions of the FSSP, are handed over to the bailiff responsible for recovery in the joint case. The obligated subject, creditors, and also the authority that issued the IL are notified of this. In the framework of the consolidated procedure, compulsory measures are applied and appropriate actions are taken in the territory to which the bailiff's authority does not apply. At the same time, the employee is guided by the provisions of Parts 11-13 of the Article 33 of the Law.

Classification

What can be the summary enforcement proceedings? Judicial practice distinguishes between procedures:

1. Combining several cases to recover from one subject. At the same time, creditors can also be more than one.
2. Combining several cases opened against solidary debtors. In this case, the lender is one.
3. Complicated. They unite the cases included in the consolidated proceedings instituted against one of the entities that are jointly and severally liable in favor of the 1 st creditor and open for the same debtor in favor of several (or one) recoverers.

Place of reference

, принимается главным приставом РФ, региона. The decision concerning the definition of the unit, which will conduct consolidated enforcement proceedings , is made by the chief bailiff of the Russian Federation, the region. The basis for this is information on the conduct of cases involving one obliged person in various territorial offices of the FSSP. They can be presented in:

1. Service notes.
2. Appeal.
3. Database.
4. Acts of state bodies, including judicial ones.

The specified information can be received from the participants in the proceedings, the authority that issued the IL, employees of the FSSP. The decision is made within ten days from the date of receipt of the relevant information.

Petitions

The participants in the proceedings have the right to send an application for determining the place of business. According to Art. 64.1 of the Law, citizens' applications are considered within ten days from the date of receipt. The period is calculated taking into account the provisions of Art. 15 of Federal Law No. 229. Extension of the term for consideration of an application received under the rules of art. 64.1, is not provided.

Decision-making

The place of production is determined in the resolution of the authorized person. Following the consideration of the application submitted under the rules of Art. 64.1, if there are grounds, the statement of the subject is subject to satisfaction. The corresponding decision is made out in a resolution. In the satisfaction of the petition, if there are grounds for this, it can be denied. In this case, a decree is also issued. Any decision taken not later than the day following the date of the award is sent to the participants in the proceedings.

Additionally

When determining the place of initiation (conduct) of production, the decision related to the imposition of control on the relevant authorized person is fixed in the resolution. Supervision of the process is carried out by the chief officer of the region and a senior employee of the structural unit in the territorial agency of the FSSP. When performing control functions, Part 6 of the Guidelines should be followed.