What are the deadlines for submission. Judgment as a writ of execution

1.1. This document defines the policy of the Limited Liability Company "" (hereinafter referred to as the Company) regarding the processing of personal data.

1.2 This Policy has been developed in accordance with current legislation Russian Federation about personal data.

1.3 This Policy applies to all processes for the collection, recording, systematization, accumulation, storage, clarification, extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, carried out using automation tools and without the use of such funds.

1.4. The policy is strictly followed by the Company's employees.

Definitions

personal data- any information relating directly or indirectly to a specific or identifiable natural person (subject of personal data);

operator - government agency, municipal authority, legal or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

processing of personal data- any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;

automated processing of personal data- processing of personal data using computer technology;

dissemination of personal data- actions aimed at disclosing personal data to an indefinite circle of persons;

provision of personal data- actions aimed at disclosure of personal data certain person or a certain group of people;

blocking of personal data- temporary suspension of the processing of personal data (unless the processing is necessary to clarify personal data);

destruction of personal data- actions, as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed;

depersonalization of personal data- actions, as a result of which it becomes impossible to determine the ownership of personal data by a specific subject of personal data without the use of additional information;

personal data information system- a set of personal data contained in databases and providing their processing information technologies and technical means.

Principles and conditions for the processing of personal data

3.1. The processing of personal data is carried out on the basis of the following principles:

1) The processing of personal data is carried out on a legal and fair basis;

2) The processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes. It is not allowed to process personal data that is incompatible with the purposes of collecting personal data;

3) It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;

4) Only those personal data that meet the purposes of their processing are subject to processing;

6) When processing personal data, the accuracy of personal data, their sufficiency, and in necessary cases and relevance to the stated purposes of their processing.

7) The storage of personal data is carried out in a form that allows you to determine the subject of personal data no longer than required by the purposes of processing personal data, if the period for storing personal data is not established federal law, an agreement to which the subject of personal data is a party, beneficiary or guarantor. Processed personal data is subject to destruction or depersonalization upon achievement of the purposes of processing or in case of loss of the need to achieve these purposes, unless otherwise provided by federal law.

8) The company in its activities proceeds from the fact that the subject of personal data provides accurate and reliable information during interaction with the Company and notifies the representatives of the Company about changes in their personal data.

3.2. The company processes personal data only in the following cases:

the processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
the processing of personal data is carried out in connection with the participation of a person in constitutional, civil, administrative, criminal proceedings, proceedings in arbitration courts;
the processing of personal data is necessary for the performance judicial act, an act of another body or official subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
the processing of personal data is necessary for the performance of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as to conclude an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be the beneficiary or guarantor;
the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if obtaining the consent of the subject of personal data is impossible;

3.4. The Company has the right to entrust the processing of personal data of citizens to third parties, on the basis of an agreement concluded with these persons.
Persons processing personal data on behalf of LLC Law Firm"Start", undertake to comply with the principles and rules for the processing and protection of personal data provided for by Federal Law No. 152-FZ "On Personal Data". For each person, a list of actions (operations) with personal data that will be performed legal entity processing personal data, the purposes of processing, the obligation of such a person to maintain confidentiality and ensure the security of personal data during their processing is established, as well as the requirements for the protection of personal data being processed.

3.5. If the Company entrusts the processing of personal data to another person, the Company shall be liable to the subject of personal data for the actions of the said person. The person who processes personal data on behalf of the Company is liable to the Company.

3.6. Making decisions on the basis of exclusively automated processing of personal data that give rise to legal implications in relation to the subject of personal data or otherwise affecting his rights and legitimate interests, the Company does not carry out.

3.7. The Company destroys or depersonalizes personal data upon reaching the purposes of processing or in case of loss of the need to achieve the purpose of processing.

Subjects of personal data

4.1. The company processes personal data of the following persons:

employees of the Company, as well as entities with whom contracts of a civil law nature have been concluded;
replacement candidates vacancies in company;
clients of LLC Legal company "Start";
users of the website of LLC Legal Company "Start";

4.2. In some cases, the Company may also process personal data of representatives of the above personal data subjects authorized on the basis of a power of attorney.

Rights of personal data subjects

5.1. The subject of personal data whose data is processed by the Company has the right to:

5.1.1. Receive the following information from the Company within the terms provided by the Law:

confirmation of the fact of personal data processing by Start Legal Company LLC;
O legal grounds and the purposes of processing personal data;
on the methods used by the Company to process personal data;
the name and location of the Company;
about persons who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with Start Law Company LLC or on the basis of federal law;
a list of processed personal data relating to the citizen from whom the request was received and the source of their receipt, unless a different procedure for providing such data is provided by federal law;
on the terms of processing personal data, including the terms of their storage;
on the procedure for the exercise by a citizen of the rights provided for by the Federal Law "On Personal Data" No. 152-FZ;
name and address of the person who processes personal data on behalf of the Company;
other information provided for by the Federal Law "On Personal Data" No. 152-FZ or other federal laws.

5.1.2. Require clarification of their personal data, their blocking or destruction if personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing.

5.1.3. Withdraw your consent to the processing of personal data.

5.1.4. Require Elimination misconduct Company in relation to his personal data.

5.1.5. Complain about the actions or omissions of the Company in Federal Service on Supervision in the Sphere of Communications, Information Technology and mass communications or in judicial order in the event that a citizen believes that Start Law Company LLC processes his personal data in violation of the requirements of Federal Law No. 152-FZ “On Personal Data” or otherwise violates his rights and freedoms.

5.1.6. To protect their rights and legitimate interests, including for damages and / or compensation moral damage judicially.

Company Responsibilities

6.1. In accordance with the requirements of Federal Law No. 152-FZ “On Personal Data”, the Company is obliged to:

Provide the subject of personal data, at his request, with information regarding the processing of his personal data, or on legal grounds provide a reasoned refusal containing a reference to the provisions of the Federal Law.
At the request of the subject of personal data, clarify the processed personal data, block or delete if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing.
Maintain a Register of Personal Data Subjects’ Applications, which should record the requests of personal data subjects for obtaining personal data, as well as the facts of providing personal data on these requests.
Notify the subject of personal data about the processing of personal data in the event that personal data was not received from the subject of personal data.

The following cases are an exception:

The subject of personal data is notified of the processing of his personal data by the relevant operator;

Personal data is obtained by the Company on the basis of federal law or in connection with the execution of an agreement to which the subject is a party or beneficiary or guarantor.

Personal data obtained from a public source;

Providing the subject of personal data with the information contained in the Notice on the processing of personal data violates the rights and legitimate interests of third parties.

6.2. If the purpose of processing personal data is achieved, the Company is obliged to immediately stop processing personal data and destroy the relevant personal data within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the contract, the party to which, the beneficiary or the guarantor of which is the subject personal data, another agreement between the Company and the subject of personal data, or if the Company is not entitled to process personal data without the consent of the subject of personal data on the grounds provided for by No. 152-FZ "On Personal Data" or other federal laws.

6.3. In the event that the subject of personal data withdraws consent to the processing of his personal data, the Company is obliged to stop processing personal data and destroy personal data within a period not exceeding thirty days from the date of receipt of the said withdrawal, unless otherwise provided by an agreement between the Company and the subject of personal data. The Company is obliged to notify the subject of personal data about the destruction of personal data.

6.4. In the event of a request from the subject to stop processing personal data in order to promote goods, works, services on the market, the Company is obliged to immediately stop processing personal data.

6.5. The company is obliged to process personal data only with the consent of writing the subject of personal data, in cases provided for by the Federal Law.

6.7. The Company is obliged to explain to the subject of personal data the legal consequences of the refusal to provide his personal data, if the provision of personal data is mandatory in accordance with the Federal Law.

6.8. Notify the personal data subject or his representative of all changes regarding the relevant personal data subject.

Information about the implemented measures for the protection of personal data

7.1. When processing personal data, the Company takes the necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other illegal actions in relation to personal data.

7.2. Ensuring the security of personal data is achieved, in particular:

determination of threats to the security of personal data during their processing in information systems ah personal data;
the application of organizational and technical measures to ensure the security of personal data during their processing in personal data information systems necessary to meet the requirements for the protection of personal data, the implementation of which ensures the levels of personal data protection established by the Government of the Russian Federation;
application of past in due course the procedure for assessing the conformity of information security tools;
evaluating the effectiveness of the measures taken to ensure the security of personal data prior to the commissioning of the personal data information system;
taking into account machine carriers of personal data;
detecting facts of unauthorized access to personal data and taking measures;
recovery of personal data modified or destroyed due to unauthorized access to them;
establishing rules for access to personal data processed in the personal data information system, as well as ensuring the registration and accounting of all actions performed with personal data in the personal data information system;
control over the measures taken to ensure the security of personal data and the level of security of personal data information systems.
an assessment of the harm that may be caused to personal data subjects in the event of a violation of the legislation of the Russian Federation in the field of personal data, the ratio of the said harm and the measures taken to ensure the implementation of the legislation of the Russian Federation in the field of personal data.

The term for enforcement, or the limitation period, is determined in accordance with Art. 14 FZ "On Enforcement Proceedings".

Writs of execution may be presented for enforcement within the following terms: Writs of execution issued on the basis of judicial acts of courts general jurisdiction, and court orders - within three years; on the basis of judicial acts of arbitration courts - within six months; courts on the basis of decisions of the International commercial arbitration and other arbitration courts - within six months; duly executed claims of the bodies exercising control functions for the recovery of funds with a note from the bank or other credit organization on full or partial non-execution of the recovery - within six months; commission certificates for labor disputes- during three months; body orders ( officials) authorized to hear cases on administrative offenses, - during three months.

The deadlines for presenting other executive documents for execution are established by federal laws.

The law defines the moment from which these periods begin in different ways:

For writ of execution - from the date of entry of the judicial act into legal force or the expiration of the period established during the postponement or installment plan of its execution, or from the date of the issuance of a ruling on the restoration of the period missed for the presentation of the document, and in cases where the judicial act is subject to immediate execution, - from the next day of its issuance;

For court orders - after a 10-day period from the date of their issuance;

For requirements control bodies exercising control functions, on the recovery of funds - from the day they are returned by the bank or other organization to the recoverer or sent to the bailiff;

For decisions of bodies and officials on cases of imposition administrative penalties- from the date of the decision.

For other executive documents, the deadline for presentation for execution is calculated from the next day after the day of their issuance, unless otherwise provided by federal law.

Executive documents on the recovery of periodic payments (collection of alimony, compensation for harm caused to health, and others) remain valid for the entire time for which they are awarded. The same procedure applies to notarized agreements on the payment of alimony.

By virtue of Art. 16 of the Law, executive documents, for which the deadline for presenting them for execution has expired, are not accepted by the bailiff for production, about which they issue a decision. The documents submitted for execution are returned to the claimant.

The law provides for the possibility of interrupting the deadline for presenting a document for execution (Article 15 of the Law). The deadline for presenting a writ of execution for execution is interrupted by its presentation for execution or partial execution of the document by the debtor.

Restoration of the missed limitation period is allowed only for judicial acts. Claimant who missed the deadline for filing writ of execution or a court order for execution, has the right to apply for its restoration to the court that has adopted the relevant judicial act of Art. 432 Code of Civil Procedure of the Russian Federation. For other executive documents, missed deadlines are not subject to restoration.

104. General rules for the activities of a bailiff.

Place of commission executive action

Execution by a bailiff of a decision or other jurisdictional act is carried out at the place of execution and within the territory to which its jurisdiction extends. However, in accordance with Art. 11 of the Law, he can perform enforcement actions in the territory to which his functions do not apply, if such a need arose in the process of execution. In this case, the bailiff draws up an act and is sent to the specified territory. Within 24 hours upon arrival, he notifies the appropriate bailiff service of the need to perform an enforcement action, which either assists him or refuses to do so and entrusts further execution to the bailiff operating in the given territory. In the event of a refusal, he is obliged to transfer the writ of execution to the bailiff service at the place of further action with a notice of this to the recoverer, court or other authority that issued executive document.

The time of execution.

Enforcement actions are performed on weekdays from 6 am to 10 pm local time. The specific time of their commission is determined by the bailiff-executor. The parties involved in enforcement proceedings are entitled to propose a convenient time for them to perform such actions.

V non-working days, established by federal law or other normative acts, enforcement actions are allowed only in cases of urgency, or when, due to the fault of the debtor, their commission on other days is impossible.

Performance of executive actions at night (from 10 p.m. to 6 a.m. local time) is allowed only in cases that endanger the life and health of citizens.

In order to perform enforcement actions during “after-hours” and on non-working days, the bailiff must obtain written permission from the senior bailiff.

The bailiff, in order to execute the judicial act, takes measures for the timely, complete and correct execution of executive documents; provides the parties or their representatives with the opportunity to get acquainted with the production materials, make extracts from them, make copies; considers their applications regarding enforcement proceedings and petitions, makes a decision, explaining the terms and procedure for its appeal; is obliged to recuse himself if he is interested in the course enforcement proceedings or there are other circumstances that cast doubt on his impartiality.

Rights and obligations of a bailiff

The bailiff has the right:

Receive the necessary information, explanations and references when performing enforcement actions;

To conduct at employers an audit of the execution of executive documents for debtors working for them and the maintenance of financial documentation for the execution of these documents;

To give citizens and organizations involved in the production, instructions on the implementation of specific executive actions;

To enter premises and storages occupied by debtors or belonging to them, to inspect and, if necessary, open them, and also, on the basis of a court ruling, to perform the indicated actions in relation to premises and storages occupied by other persons or belonging to them;

Arrest, seize, transfer for storage and sell the arrested property, with the exception of property withdrawn from circulation;

Place an arrest on cash and other valuables of the debtor, which are on accounts, in deposits or stored in banks and other credit organizations, in the amount specified in the executive document;

Use non-residential premises located in municipal property, and with the consent of the owner - premises in other ownership for temporary storage of the seized property, impose on the relevant persons the obligation to store it, use the transport of the recoverer or the debtor to transport the property, attributing the costs to the expense of the debtor;

In cases of ambiguity in the requirements contained in the executive document, ask the court or other body that issued the document to clarify the procedure for its execution;

To announce the search for the debtor, his property or search for the child;

Call citizens and officials on executive documents that are in production;

Perform other actions provided for by the federal law on enforcement proceedings.

The bailiff is obliged to use the rights granted to him in accordance with the law and not to allow infringement of the rights and legitimate interests of citizens and organizations in his activities. He is not allowed to conduct a search (including personal search citizens). He is not authorized to disclose information trade secret etc.

Deadlines

By virtue of Art. 13 of the Law, enforcement actions must be committed, and the requirements contained therein, executed by the bailiff within two months from the date of receipt of the executive document.

Requirements are subject to immediate execution: on the recovery of alimony, wages or other payment for labor within the limits of payments calculated for one month, as well as the collection of the entire amount of the debt for these payments, if the executive document provides for it immediate recovery; on the reinstatement at work or in the previous position of an illegally dismissed or transferred employee; in other cases, if the immediate execution of the requirements is provided for by an executive document or federal law.

105. Features of proceedings in cases of issuance of writ of execution for the enforcement of decisions of arbitration courts

Jurisprudence provides the concept of "term" with a separate position in the legal niche. Citizens are required to repay debts within ten days (provided by law on a writ of execution) from the date of the decision, and not to avoid fulfilling obligations hoping that the defendant will miss the deadline for submitting a document to the FSSP service.

The validity of the writ of execution (IL) is enshrined in legislation and is 3 years (to be presented), but when the document is in the process of being collected, the period is unlimited.

In the event of the end of enforcement proceedings (IP) with an unfavorable outcome for the claimant, he has the right to re-send the document to the SSP.

Overdue enforcement orders are not accepted, however, the law provides an opportunity to restore the missed deadline. In case of loss, the document is restored by a court decision.

Start countdown

Judgment sent to executive agency gives grounds for the excitation of IP. The FSSP is implementing a set of measures to repay the debt:

Presentation and distribution of the case to the appointed executor within three days after the registration of the court decision.
Decision on the execution of the penalty within a ten-day period. This time is given for the implementation of verification actions regarding the received court opinion. The bailiff checks information about the defendant from available sources (PF, FTS, banks, FMS).

The procedure begins from the moment the bailiff receives a written judgment. The execution period for the writ of execution is two months. The basis is

It is divided into three stages:

The first stage is the initiation of enforcement proceedings:

Taken out official act about the initiation of production activities.
The defendant has five days to voluntary execution plaintiff's claims. This condition not applicable to documents where cases of immediate execution are prescribed.
The contractor can apply penalties without waiting for the expiration of the voluntary execution. The respondent shall be notified in writing of this.

The second stage is coercive measures:

performance of executive actions;
the use of coercive measures (seizure of property, accounts, prohibition of travel abroad and registration actions).

The third stage is the end of the claims reimbursement process:

full repayment of the debt by the defendant;
the impossibility of recovery due to the lack of property and the return of IL to the plaintiff.

Finishing the proceedings, the bailiff removes all provisional measures from the property of the debtor and the restrictions established against him. Copies of the decision are sent to all parties to the conflict, including the court that issued the writ of execution.

Exceptional Cases

A two-month period is given to the contractor to carry out the necessary actions in order to fulfill the claims of the plaintiff. But there are exceptions to this rule:

in some cases, the document prescribes the time for fulfilling the requirements and the law allows such a deviation.
internal orders between bailiffs are subject to execution within 15 days from the date of receipt.
a requirement of a non-property nature regarding the restoration of a person at a former place of work, indicating the position and salary, are fulfilled on the day of receipt;
if the document indicates the fulfillment of claims that does not tolerate delay, the implementation is carried out no later than the next day;
interim measures that are required from the employee of the SSP, in whose jurisdiction the document was received, are executed by performing executive actions no later than one day from the date of receipt.

Expired terms for the application of coercive measures are not grounds for terminating the recovery. The differentiation of terms, which affects the accuracy of the calculation and the stages of production, is also taken into account.

Revision of the timing

Despite the mandatory execution of the penalty, there are circumstances that change the period of conducting and executing the process:

The right to postpone enforcement measures if necessary or upon written request of the claimant. The bailiff initiates the postponement of the execution of the penalty for ten days. At the same time, the number of such events is not limited by law. Such a decision shall contain the date until which the execution is postponed. You can postpone either the collection process in the aggregate, or any coercive measure. The grounds for the postponement are objective reasons.
Art. gives the possibility of obtaining installments or deferment of the fulfillment of requirements. V without fail conditions are indicated due to which the debtor asks to postpone the execution of the decision to a later date. As shows arbitrage practice, the maximum grace period granted, at the request of the defendant, may not exceed two years. The creditor may appeal against the court decision within ten days.
Installment execution means changing the terms of the procedure by reimbursing the debt using annuity or differentiated payments. As a result, the installment plan is not included in the two-month period established by law. From the moment the petition is filed with the court, the fulfillment of the requirements ceases to be calculated.

The expired term is the basis for writing a complaint against the actions / inaction of the bailiffs, which does not entail the termination of the procedure. If the recovery occurred partially or did not occur at all, the duty of the bailiffs becomes the need to execute the court decision.

Suspension of production

The article describes the possibility. The court grants a suspension in whole or in part on the following grounds:

filing a claim,	whose requirement is the release of property from the imposed arrest and exclusion from the bankruptcy estate;
the emergence of a dispute	related to the result of the evaluation;
appeal against the imposition of a performance fee,	the legality of which arises after the deadline for voluntary repayment of the debt has been missed;
uncommon cases of going to court,	not contrary to applicable law;
the occurrence of a hearing to challenge the document,	who initiated the recovery process, including a decision on an administrative offense;
absence of defendant	in connection with the direction on a long business trip;
if the process of contesting the decision has begun	or actions (inaction) of the bailiff;
if you need clarification	executive document.

In addition to the suspension of the IP through the court, a similar right is granted to the contractor and is prescribed in the statement indicating the reasons:

the death of the defendant, transferring obligations for debts, to persons entering into an inheritance;
recognition of the defendant as missing, with the transfer of obligations to successors;
documented incapacity;
participation of the defendant in the conduct of hostilities as part of the Russian army;
bankruptcy of an individual.
the defendant's location medical institution for an indefinite period;
operational-search activities aimed at finding the defendant;
conscription into the army.

Suspension of IP is made before the end of the period, the circumstances that caused it. During the suspension, implementation measures are not applied.

Despite the fact that the methods of the defendant's evasion from reimbursing the claimant's claims are prosecuted in administrative and criminal proceedings, unscrupulous debtors do not stop trying to drag out the process and withdraw the property.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

Article 21

checked today
law dated 30.01.2020
entered into force on 01.02.2008

Art. 21 Law on Enforcement Proceedings in the latest the current edition dated March 20, 2015.

There are no new versions of the article that have not entered into force.

Compare with the wording of the article dated 05/17/2014 01/03/2014 04/27/2011 02/01/2008

Writs of execution issued on the basis of judicial acts, with the exception of writ of execution specified in parts 2, 4 and 7 this article, may be brought for execution within three years from the date of entry into force of the judicial act. Writs of execution containing demands for return on the basis of international treaty of the Russian Federation of a child illegally transferred to the Russian Federation or held in the Russian Federation, are presented for execution within one year from the date of entry into force of the judicial act.

Writs of execution issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored the missed period for presenting the writ of execution for execution, may be presented for execution within three months from the date of the court's ruling on the restoration of the missed period.

Court orders may be brought for execution within three years from the date of their issuance.

Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which the payments were awarded, as well as within three years after the expiration of this period.

Certificates issued by labor dispute commissions may be presented for execution within three months from the date of their issue.

Duly executed acts of the bodies exercising control functions on the recovery of funds with the attachment of documents containing marks of banks or other credit institutions in which settlement and other accounts of the debtor are opened, on full or partial non-fulfillment of requirements said bodies due to the lack of sufficient funds on the debtor's accounts to satisfy these claims, they may be presented for execution within six months from the date of their return by a bank or other credit organization.

Acts of the bodies exercising control functions on the collection of funds without attachment of the documents specified in Part 6 of this Article, drawn up in the prescribed manner, may be presented for execution within six months from the date of their issuance.

Judicial acts, acts of other bodies and officials in cases of administrative offenses may be brought for execution within two years from the date of their entry into force.

The deadlines for the presentation for execution of executive documents not specified in this article are established in accordance with federal laws.

In the event that a federal law or a judicial act, an act of another body or official sets a deadline for the debtor to fulfill the requirements contained in the executive document, or a deferment or installment plan is granted specified requirements, the period for the presentation of such a writ of execution (excluding the writ of execution on the recovery of a fine imposed as a punishment for committing a crime) begins after the expiration date of the period established for the execution by the debtor of the requirements contained in the writ of execution, granting him a deferral or installment plan for the fulfillment of these requirements.

Article 321

See comments to Article 321 of the Arbitration Procedure Code of the Russian Federation

1. A writ of execution may be presented for execution within the following terms:

1) within three years from the date of entry into force of a judicial act, or from the next day after the date of adoption of a judicial act subject to immediate execution, or from the date of expiration of the period established for the postponement or installment plan for the execution of a judicial act;

2) within three months from the date of issuance of a ruling on the restoration of the missed deadline for presenting a writ of execution for execution in accordance with Article 322 of this Code.

2. If the execution of a judicial act was suspended, the time for which the execution was suspended does not count towards the time period established for the presentation of the writ of execution for execution.

3. The term for presenting a writ of execution for execution is interrupted by its presentation for execution, unless otherwise provided by federal law, by partial execution of a judicial act.

4. In case of return of the writ of execution to the recoverer due to the impossibility of its execution new term for presenting a writ of execution for execution is calculated from the date of its return.

Information about changes:

Federal Law No. 101-FZ of May 28, 2017 supplemented Article 321 of this Code with Part 5

5. In the event that the execution of a previously presented writ of execution was completed in connection with the withdrawal of the writ of execution by the recoverer or in connection with the commission by the claimant of actions that prevent its execution, the period from the date of presentation of this writ of execution for execution until the day of completion of execution on it for one from the indicated grounds is deducted from the corresponding term for presenting a writ of execution for execution, established by this article.

Deadlines for presenting writ of execution

The terms for presenting a writ of execution for execution are regulated by Art. 21 of the Federal Law "On Enforcement Proceedings".

After the issuance of a court decision or court order, the recoverer has the right to present a writ of execution issued on the basis of a court decision for execution independently, or through the bailiff service (UFSSP) to the territorial department at the actual location (or registration) of the debtor.

By general rule writ of execution may be presented for execution within 3 years from the date of entry into force of the judicial act or the expiration of the period established when granting a deferral or installment plan for its execution, with the exception of:

judicial acts, acts of other bodies and officials in cases of administrative offenses; writ of execution issued on the basis of judicial acts of arbitration courts; executive documents containing requirements for the collection of periodic payments.

Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which they were awarded, as well as within 3 years after the expiration of this period. Periodic payments are alimony for the maintenance of minor children, spouses, elderly parents and others.

It is very important that the action for which the deadline is set can be performed up to 24 hours. last day the established period. If the documents were submitted to the body or to a person authorized to accept them or handed over to the post office before 24:00 of the last day of the deadline, then the deadline is not considered missed.

If the action must be performed directly in the organization, for example, upon self-presentation of a writ of execution by a citizen to the organization where the debtor works, or to the bank where his account is located, then set time ends at the hour when the organization ends the working day or stops banking operations.

After the executive document is presented for execution to the bailiff service, or to a bank or other credit institution, the period stops until it is returned to the recoverer due to the impossibility of fulfilling the requirements. When returning the writ of execution, the recoverer has the right to present it again for execution within 3 years.

Article 14

Information about changes:

Federal Law No. 126-FZ of October 12, 2005 amended Article 14 of this Federal Law

On the application by arbitration courts of Article 14 of this Federal Law in terms of regulating the time limits for presenting for execution decisions of bodies (officials) authorized to consider cases of administrative offenses, see Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 20, 2007 N 41

Article 14

1. Executive documents may be presented for execution within the following terms:

1) writ of execution issued on the basis of judicial acts of courts of general jurisdiction, arbitration courts (with the exception of writ of execution specified in subparagraph 1.1 of this paragraph), and court orders - within three years;

1.1) writ of execution issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored the missed deadline for presenting a writ of execution for execution - within three months;

On the timing of the presentation of a writ of execution for execution, issued on the basis of a judicial act arbitration court, see Arbitration procedural code RF dated July 24, 2002 N 95-FZ

2) writ of execution issued by the courts on the basis of decisions of the International Commercial Arbitration and other arbitration courts - within six months;

3) the claims of the bodies exercising control functions for the recovery of funds, drawn up in accordance with the established procedure, with a note from the bank or other credit organization on full or partial non-execution of the recovery - within six months;

4) certificates of the commission on labor disputes - within three months;

5) resolutions of bodies (officials) authorized to consider cases of administrative offenses - within three months.

The deadlines for presenting other executive documents for execution are established by federal laws that determine the conditions and procedure for issuing the relevant executive documents.

2. The terms specified in paragraph 1 of this article are calculated upon presentation for execution:

1) the executive documents specified in subparagraphs 1, 1.1 and 2 of paragraph 1 of this article (with the exception of court orders) - from the date the judicial act enters into legal force or the expiration of the period established for the deferral or installment plan of its execution, or from the date the ruling is issued on the restoration of the period missed for the presentation of the executive document for execution, and in cases where the judicial act is subject to immediate execution - from the next day after the day of its issuance;

2) court orders - after a 10-day period from the date of their issuance;

3) the requirements specified in subparagraph 3 of paragraph 1 of this article - from the date of their return by the bank or other credit institution to the recoverer or direction to the bailiff;

8.3. Hello, you should calm down and not worry about this, since the deadline for presenting a writ of execution for execution is not renewed from the moment a duplicate of the writ of execution is issued.
Moreover, in accordance with Part 2 of Art. 430 of the Code of Civil Procedure of the Russian Federation, the court will refuse to satisfy the collectors' application, since the application was filed outside the time limit for presenting a writ of execution for execution.

8.4. Maria, they cannot be appeased, and you have no means of doing so. Their legal right- apply to the court and get refusals. Live calmly and don't think about it.

9. A writ of execution has arrived for production! From bailiffs for debt collection! Contacted lawyers. We are preparing an application to cancel the court decision after the statute of limitations has expired! How can I stop payroll deductions? Because 10 days of data for cancellation expire.

9.1. Good afternoon.
Most likely taken out court order, it is rendered without calling the parties and judicial trial. You have the right to revoke this Court Order. To do this, you need to write your objection and send it to the court that issued the court order.
In accordance with Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if objections are received from the debtor regarding its execution within the prescribed period.
If everything is done correctly, it will definitely be cancelled. It is imperative to cancel the Court Order, otherwise it will not be clear by whom and how the calculated debt. Just do not try to cancel the Court Order yourself, you will make a mistake in something and it will be impossible to correct it! Contact a lawyer and instruct him to prepare an objection to the Court Order.

For resolutions of bodies and officials in cases of imposition of administrative penalties - from the date of issuance of the resolution.

For other executive documents, the deadline for presentation for execution is calculated from the next day after the day of their issuance, unless otherwise provided by federal law.

Restoration of the missed limitation period is allowed only for judicial acts. The recoverer, who missed the deadline for presenting a writ of execution or a court order for execution, has the right to apply for its restoration to the court that adopted the relevant judicial act, Art. 432 Code of Civil Procedure of the Russian Federation. For other executive documents, missed deadlines are not subject to restoration.

104. General rules for the activities of a bailiff.

Place of execution

Execution by a bailiff of a decision or other jurisdictional act is carried out at the place of execution and within the territory to which its jurisdiction extends. However, in accordance with Art. 11 of the Law, he can perform enforcement actions in the territory to which his functions do not apply, if such a need arose in the process of execution. In this case, the bailiff draws up an act and is sent to the specified territory. Within 24 hours upon arrival, he notifies the appropriate bailiff service of the need to perform an enforcement action, which either assists him or refuses to do so and entrusts further execution to the bailiff operating in the given territory. In the event of a refusal, he is obliged to transfer the writ of execution to the bailiff service at the place of further actions, notifying the claimant, court or other body that issued the writ of execution.

The time of execution.

On non-working days established by federal law or other regulatory acts, enforcement actions are allowed only in cases of urgency, or when, due to the fault of the debtor, their commission on other days is impossible.

Performance of executive actions at night (from 10 p.m. to 6 a.m. local time) is allowed only in cases that endanger the life and health of citizens.

In order to perform enforcement actions during “after-hours” and on non-working days, the bailiff must obtain written permission from the senior bailiff.

The bailiff, in order to execute the judicial act, takes measures for the timely, complete and correct execution of executive documents; provides the parties or their representatives with the opportunity to get acquainted with the production materials, make extracts from them, make copies; considers their applications regarding enforcement proceedings and petitions, makes a decision, explaining the terms and procedure for its appeal; is obliged to recuse himself if he is interested in the course of enforcement proceedings, or there are other circumstances that raise doubts about his impartiality.

Rights and obligations of a bailiff

The bailiff has the right:

Receive the necessary information, explanations and references when performing enforcement actions;

To conduct at employers an audit of the execution of executive documents for debtors working for them and the maintenance of financial documentation for the execution of these documents;

To give citizens and organizations involved in the production, instructions on the implementation of specific executive actions;

Arrest, seize, transfer for storage and sell the arrested property, with the exception of property withdrawn from circulation;

Seize money and other valuables of the debtor, which are on accounts, in deposits or stored in banks and other credit organizations, in the amount specified in the executive document;

Use non-residential premises that are in municipal ownership, and, with the consent of the owner, premises that are in other ownership, for the temporary storage of seized property, impose on the relevant persons the obligation to store it, use the transport of the recoverer or the debtor to transport the property with attribution of costs at the expense of the debtor ;

In cases of ambiguity in the requirements contained in the executive document, ask the court or other body that issued the document to clarify the procedure for its execution;

To announce the search for the debtor, his property or search for the child;

Call citizens and officials on executive documents that are in production;

Perform other actions provided for by the federal law on enforcement proceedings.

The bailiff is obliged to use the rights granted to him in accordance with the law and not to allow infringement of the rights and legitimate interests of citizens and organizations in his activities. He is not allowed to conduct a search (including a personal search of citizens). He is not entitled to disclose information constituting a commercial secret, etc.