Initiation of enforcement proceedings

In judicial practice, there is such a thing as the initiation of enforcement proceedings. Of course, the implementation of this procedure requires the existence of specific grounds, a list of which is given in the norms of the current legislation. Among such grounds are:

• The submission of a special document that encourages the initiation, for example, of a writ of execution or a court order ;
• The statement of the claimant expressing the desire to carry out the trial;
• Direct order of bailiffs, based on the above documentation.

The very same executive production is a process defined by specific frameworks. That is, for its implementation, it is required to have not only documents confirming the expediency of the case, but also specific deadlines at each stage of the proceedings. All this is clearly described in the relevant legislative acts.

In addition, the enforcement of enforcement proceedings is carried out step by step. In this regard, the whole process can be divided into separate stages:

1. In the first place, the claimant should be required to draw up a specific document that serves as the basis.
2. Then he expresses the demand to begin the trial in the form of a statement.
3. The collected documentation is transferred to the bailiffs of the relevant district unit. And you should apply to the authority located in the territory of the defendant. For the convenience of citizens, the transfer of the writ of execution and the application by mail in the form of a registered letter is allowed . This greatly facilitates litigation for the plaintiff, since this is usually a lengthy process and requires great patience. It's no secret to anyone how difficult it is sometimes to communicate with employees of the office and other officials.
4. The initiation of enforcement proceedings may be approved or rejected within three working days.
5. After the final decision is made, the bailiff informs in writing all those who are interested in the case.
6. The defendant has the right within the specified period of time to independently fulfill its obligations with respect to the other party. As a rule, the duration of the term does not exceed five working days. Otherwise, the debtor is held accountable and is obliged to pay a fine. Usually the amount of penalties is about 7% of the debt.

Separately, I would like to note the principles of enforcement proceedings, since the whole process of proceedings is based on them. All principles can be divided into groups: constitutional, intersectoral and directly influencing enforcement proceedings. The first group is considered general, as these principles apply to all spheres of society. To them it is possible to carry:

• Absolute equality of all subjects of the civil code;
• The predominance of freedoms and the rights of citizens. This means that for the state, the maximum protection of human rights and the preservation of its freedom are paramount if the actions of the entity do not contradict other legislative acts;
• And of course, to any citizen, the government must provide legal protection. This issue is especially acute during litigation, when the defendant does not have the opportunity to independently find a lawyer.

Interindustry - these are principles that reflect individual branches of law. A good example of such a principle is the requirement to implement legal proceedings in the national language.

The initiation of enforcement proceedings in a narrow sense is subject to certain rules (principles). The rule of dispositive assumes that a person has the full right to dispose of his property at his own discretion, without being subordinate to third parties. When collecting the debt forcibly, the defendant has the right to preserve the property or funds in the minimum amount required to cover the costs of maintaining the family.