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Order of execution by the organizations of the requirements containing in the judicial acts and acts issued by other bodies

Order of execution by the organizations (banks and other credit organizations, financial bodies, tax authorities, bodies of civil registration, registering bodies on registration of the rights for real estate and transactions with it) the requirements containing in the judicial acts and acts issued by other bodies.

 

According to Art. 1 of the Federal law "About prosecutor's office of the Russian Federation" for ensuring rule of law, unity and strengthening of legality, protection of the rights and freedoms of the person and the citizen, and also protected by the law of interests of society and state prosecutor's office exercises supervision of performance of laws by bailiffs.

Executive production represents the activities of authorized bodies for compulsory implementation of judicial acts, acts of other bodies and officials settled by the law which were granted the right to assign to natural and legal entities, the Russian Federation, territorial subjects of the Russian Federation, municipalities of an obligation for transfer to other citizens, the organizations or in the relevant budgets of money and other property or to commission in their advantage of certain actions or to abstention from commission of certain actions.

Most often in everyday life, the citizens who are execution creditors according to the executive documents issued to them by vessels of various levels, and also other bodies after obtaining executive documents address to bodies of compulsory execution for the purpose of restoration of the violated rights – Federal Bailiff Service and its territorial authorities.

One of such divisions created according to the resolution of the Chief bailiff of Management of FSSP across Chelyabinsk region is the Interdistrict specialized department of bailiffs of Chelyabinsk of performance of acts of vessels and other bodies concerning debtors – legal entities (further in the text of MSOSP on UL of Chelyabinsk), located at the address: Chelyabinsk, Ternopolskaya St., 23.

In MSOSP on UL of Chelyabinsk on execution there are only those executive productions where as the debtor the legal entity acts.

At the same time, in the cases provided by the federal law, the requirements containing in judicial acts, acts of other bodies can be executed not by judicial police officers-performers, but other bodies. In this case MSOSP on SPINNING TOPS of Chelyabinsk is not the only and final instance in which execution creditors can file petitions for adoption of executive documents.

It is possible to carry to bodies which can execute the requirements containing in executive documents, also banks and other credit organizations, financial bodies, bodies of civil registration, registering bodies on registration of the rights for real estate and transactions with it.

The organizations can execute executive documents on collecting periodic payments and on collecting the money which is not exceeding in the sum of 25 thousand rubles in case they pay to the debtor a salary, pension, a grant and other periodic payments. It is possible to carry the organizations in which the debtor, the bodies paying to the debtor of pension, a grant and other periodic payments, educational institutions paying a grant works to number of such organizations.

Banks and other credit organizations execute the requirements containing in judicial acts and acts of other bodies in two cases:

1) the executive document which arrived to them from the judicial police officer-performer or direct from the execution creditor has to contain the requirement about collecting money or about their arrest;

2) existence in them of accounts or debtor's deposits. The execution creditor can receive such data in tax authorities.

The federal law "About executive production" does not provide as an indispensable condition of the appeal of the execution creditor to bank or other credit organization existence at it of data on the available accounts of the debtor and existence of money on them. Therefore the execution creditor has the right to show the court order directly in bank or other credit organization even when it has no data on existence of money on accounts of the debtor in bank.

Banks and other credit organizations execute requirements containing in judicial and other acts by funds write-off from the account of the debtor in bank.

The order of execution by banks and other credit organizations of the executive document which arrived from the execution creditor is regulated by the Federal law "About executive production".

Judicial acts with which the Russian Federation, subjects of the Russian Federation and municipalities undertake to give to natural and legal entities funds of the relevant budget of the budgetary system of the Russian Federation, are executed by the Ministry of Finance of the Russian Federation, financial bodies of territorial subjects of the Russian Federation, financial bodies of municipalities.

Bodies for the state registration of the rights for real estate and transactions with it execute decisions of the courts about recognition of the property right, the termination of the property right, about establishment of the fact of accessory of a structure or land plot on the property right.

Bodies of civil registration execute requirements of judicial acts and acts of other bodies if these decisions according to the Federal law of November 15, 1997 No. 143-FZ "About acts of civil status" demand registration in the specified bodies. In particular, similar registration is necessary at paternity proof, recognition of assembly record about paternity invalid, at registration of judgments about divorce.

On the basis of stated, the citizen who is the execution creditor according to the executive document for the most effective and expeditious realization of the right, at the choice can address to above-mentioned bodies.

Assistant prosecutor of Chelyabinsk

lawyer of 1 class A.V. Komarov