What is the limitation period for the enforcement proceedings. In what cases the debt can not be paid by law

How to get an executive list by court decision? The question seems to be not the most difficult, but with him constantly there are difficulties.

Why do you need an executive list

Turning to court, citizens want to achieve a certain result. Unfortunately, the acceptance of a positive solution does not mean that it will be automatically executed. And because of the unwillingness of the defendant, it is voluntary to comply with the attacks.

Executive proceedings are opened on the basis of the executive list from the court.

In cases of recovery of budget funds, it is supposed to submit a copy of the decision.

Citizens surprises and annoying the need to obtain an intermediate document, but nevertheless, without it, the addition will not begin its work.

Legislative regulation

The topic "How to get an executive list by the court decision" continues to be relevant. To figure it out, turn to several laws.

We are talking about procedural codes, with the exception of the Code of Criminal Procedure and the Law on Enforcement Proceedings.

Last normative act Either copies the provisions of the Codes, or is their extended version. And the contradictions between them are not found.

International contracts make their share, on the basis of which interethnic courts work. Their acts in Russia are fulfilled under the condition of approval by the authorities of the Russian justice. In particular, this happens with the ECHR. His documents are only one of the grounds for revising affairs in our country. Only the decision of the foreign court to begin enforcement proceedings is not enough.

However, international legislation may also provide direct procedure for execution, without the participation of national courts.

Before asked: how to get an executive list by a court decision, which has an international status, it is necessary to know whether its competence is applied to Russia, and if so, it is obliged to contact the Russian court.

What judicial documents are subject to execution

Who should know how to get an executive list by court decision:

owners of the document under the same name;
owners of the Definition of the World Agreement or to ensure copyright.

Regarding the judicial order: he in itself is an executive document.

The legislation establishes a closed list of solutions that are executed by bailies.

Where to contact

According to Art. 428 Code of Civil Procedure of the Russian Federation, it is issued by the same court that he made or changed the decision. Not a fact that you have to apply to the institution, which served the first instance in the case.

Order of receipt

In 2015, the law corrected a little. In particular, now participants and civil proceedings have the right to ask for the court directly sent a sheet in FSSP. Previously, such a system existed only in the arbitration system.

Despite the opinion of some lawyers about the adequacy of the oral statement, it must be stated in writing. The judge then will not have a formal obligation directly transfer the sheet to bailiffs.

There is also a previously used way to obtain an executive list.

The recoverer is sent to the court for his extradition. Then you need to go to the bailiffs and write a statement again, this time about the opening executive proceedings. An integral application is an executive list.

After some time, the abillment will send all interested persons a copy of the decision on the start of work on production.

How the executive list is issued

The sample application for the issuance of the execution sheet is available in the reception or office of the court. The practice of publishing documents on the Internet is now distributed. She did not pass and state organizations. The courts in this regard are no exception. The level of filling the judicial Internet resources and the quality of the proposed documents is different.

Whatever the option is not proposed, the difference between them is not significant. Minimum list of items:

the name of the court, the FIO of the Chairman (the application is submitted to his name);
name of the organization or FIO of the participant of the process;
information about the respondent (they can already be specified in the text of the application);
please issue a sheet, specify the case number, the essence of the solution (on the recovery of a certain amount from a certain person);
signature of the author and the date of sending a document.

The application is permissible to indicate other information.

For people who have experience with documents, it is enough to use the first proposed sample application for the issuance of an actuator. If there is no such experience, and the preparation of even simple documents causes difficulties, then turn to a lawyer.

Executive List

The initiation period of the enforcement proceedings is limited to the 3rd year period after the cost of the force by a court decision. The applicant must meet in the allotted time. The law is given enough time to get an executive list and go to the bailies. If still the deadline for execution of the solution is missed, then it is restored by the court.

The recoverer must prove that its inaction is caused by respectful reasons.

There is a dilemma: is the deadline for issuing an actuator? Some court decisions are subject to immediate execution, and the sheets are issued immediately.

The document on the execution of the definition of copyright protection is issued no later than the day after the adoption of the judicial act.

Despite the fact that in Art. 428 Code of Civil Procedure of the Russian Federation almost says nothing about the terms of extradition, in the internal regulations of the courts there is a monthly period, if, of course, there is no other rule in the laws.

Despite the controversy of a similar approach, he takes place.

How are things in arbitration courts

After amendments to legislation, the procedure for issuing an executive list of the Arbitration Court is similar to what acts in the general court. A significant difference remains in the electronic justice system. Using it, citizens have the opportunity to order a sheet and ask to send it to execution without visiting the institutions. IN common courts Electronic justice runs an order of magnitude worse, and people prefer either forced to act as a habit.

Getting a copy

For the first time, the sheet is issued according to the statement of the interested party. If the time for the opening of the enforcement proceedings is missed and the original of the document is lost, an application is applied to restore the term and the issuance of duplicate.

A copy of the actuator is issued subject to loss primary document By attracting or representative of the recoverer. When the period of execution passes by their fault, the recoverer has a month to appeal to the court, so that a duplicate is given to him from the moment he became aware of everything.

In any case, issuing it or not, is solved in court session. The fact of the loss of the sheet must be applied. A negative solution is served a private complaint. It gives 15 days from the date of the announcement of the definition.

One of the most common types of executive papers is an executive list. This document is issued by arbitration courts and courts of general jurisdiction based on them and accepted judicial acts.

How is it issued?

It should be noted that the executive sheets for their compulsory execution may be issued on solving arbitration courts. Arbitration and courts of general jurisdictions publish executive prescriptions also on the basis of world agreements, solutions of interstate protection instances civil rights, solutions of foreign courts. In some cases, executive documents may be issued on the basis of judicial acts, which themselves are considered executive prescriptions. For example, if recovery from the debtor state duty In the budget's income, the executive list will be issued on the basis of the court order. It is assumed by the stamp printing of the relevant judicial instance and is sent by the judge to the pretake of the Contractor to implement the requirements for recovery money to the budget.

Procedure for issuing

According to the law, the executive list is the type of executive document, which contains the order of one or another judicial instance to the authorities of forced execution (executive service) to implement a certain court decision on the executive rules. Such a document is issued to the Charger only after the court decision (decree) will enter legal force. However, there are exceptions here. If the court's decision is subject to execution immediately, then such a sheet is issued to the recovere immediately after the adoption of the decision. It is issued directly to the side, which won the case or at her request, the sheet goes to the executive service. To get this document personally, you need to apply to the court that endured the decision. This applies to this (its form is usually established by the courts) and the final judicial act is applied. It is necessary to wait for about 2 weeks (sometimes more).

What to do after receiving it?

If you know exactly that the debtor has a settlement account in some bank, do not lose time and contact the actuator immediately there. In this case, the bank will write a debt and translates the relying amount to your account. However, before that time, the debtor can from the account all its savings. If the money in the debtor's account does not find out, you will have to contact the bailiffs.

Recovery of the executive service

First you need to take a reception to the contracting executor and write a statement about the opening of the enforcement proceedings. In such a statement, you need to specify all the information that contains an executive list, as well as describe the actions that should hold judicial performer. In addition, it is worthwhile to record the account details on which he will be able to list a recovered debt. After that, the bait of the law excites the executive production and charges the property.

How to speed up the process?

Despite the fact that the compulsory execution of the court decision is the direct responsibility of the baits, the deadlines for the recovery of debts can be delayed for a long time. To speed up this process, you should constantly remind yourself of service management bailiffsTo seek a court if the deadlines for the execution of the decision will be delayed. If you know any data regarding the debtor, do not forget to report this to the Contractor. For example, his place is a residence permit (work), the location of the property. Even the slightest information sometimes can often move the deal from the dead point. Note that the longer the decision is not fulfilled, the easier the debtor will hide well or rewrite his property.

Executive Sheet

Executive sheets can be submitted only to the statutory deadlines that can be differentiated. Under the general requirement, judicial sheets may be presented for execution within 3 years from the date of the decision of the court or at the end of the provision of installments or delay its implementation. Executive sheets that are issued to the acts of arbitration courts can be made to fulfill only for 3 months. Executive sheets containing information on the return of periodic payments should be made to the implementation over the period on which the payments were awarded or within 3 years after the end of this term. Judicial acts on administrative offenses may be presented within 1 year after their entry into force.

Time breaks

It should be remembered that in some cases the execution period may be interrupted. So, if the sheet is presented to the implementation or the debtor is partially reducing the debt under the actuator, the term is interrupted. When the period is resumed, the expired period before its interrupt is counted in new term. If the court decision is impossible to fulfill, the executive term is calculated again from the date of returning this paper to the recovery. In some cases, the law does not allow the renewal of the deadlines for the recovery of debt from the wine person. To get the opportunity to resume the expiratory period, you need to go to court, which issued this sheet. Next, the court will consider the issue of restoring the period for the implementation of the recovery in accordance with the procedure established by law.

Nuances of the Executive Sheet Procedure

According to the law for each decision of the court, only one executive list is issued. True, if the decision is made in favor of several persons or against several citizens, then at the request of the creditor, the court may issue several such documents. In addition, if the actions to collect debt must be executed in several places, then in this case several judicial sheets are issued, and in each of them the exact place of its execution should be indicated and in which part it should be executed. If the amount of debt should be held from solidarity defendants, then the judge issues executive sheets according to the number of debtors. However, each of them indicates total amount Debt with all the defendants who are obliged to pay the recoverer this amount. Sometimes it also happens that in the executive document, the requirements are not clearly expressed, in this case, the debtor, a recoverer or bailiff may apply to the court for clarifying the provisions of the judicial sheet. After submitting the appropriate application, the Court must interpret what method and in what order the document should be implemented. Such a statement is considered in court for up to 10 days from the date of the receipt of this paper to court.

Practical aspect

As many practitioners are noted, the law "On the executive production" is far from being perfect. If the court ruled into your favor, it does not mean that you can easily return to your funds. At the same time, it is not necessary to despair either: if you don't let everything on samonek in the hope that the bailiffs quickly implement the executive document, then you will definitely achieve justice and get the funds from the debtor to the court decision.

How to get an executive list by court decision? The question seems to be not the most difficult, but with him constantly there are difficulties.

Why do you need an executive list

Executive proceedings are opened on the basis of the executive list from the court.

In cases of recovery of budget funds, it is supposed to submit a copy of the decision.

Citizens surprises and annoying the need to obtain an intermediate document, but nevertheless, without it, the addition will not begin its work.

Legislative regulation

The topic "How to get an executive list by the court decision" continues to be relevant. To figure it out, turn to several laws.

We are talking about procedural codes, with the exception of the Code of Criminal Procedure and the Law on Enforcement Proceedings.

The last regulatory act either copies the provisions of the Codes, or is their extended version. And the contradictions between them are not found.

However, international legislation may also provide direct procedure for execution, without the participation of national courts.

Before asked by the question: by the decision of the court with international status, it is necessary to find out whether its competence is distributed to Russia, and if so, it is necessary to contact the Russian court.

What judicial documents are subject to execution

Who should know how to get an executive list by court decision:

owners of the document under the same name;
owners of the Definition of the World Agreement or to ensure copyright.

Regarding the judicial order: he in itself is an executive document.

The legislation establishes a closed list of solutions that are executed by bailies.

Where to contact

Order of receipt

Despite the opinion of some lawyers about the adequacy of the oral statement, it must be stated in writing. The judge then will not have a formal obligation directly transfer the sheet to bailiffs.

There is also a previously used way to obtain an executive list.

The recoverer is sent to the court for his extradition. Then you need to go to the bailiffs and write a statement again, this time about the opening of the enforcement proceedings. An integral application is an executive list.

After some time, the abillment will send all interested persons a copy of the decision on the start of work on production.

How the executive list is issued

The sample application for the issuance of the execution sheet is available in the reception or office of the court. The practice of publishing documents on the Internet is now distributed. She has not passed state organizations. The courts in this regard are no exception. The level of filling the judicial Internet resources and the quality of the proposed documents is different.

Whatever the option is not proposed, the difference between them is not significant. Minimum list of items:

the name of the court, the FIO of the Chairman (the application is submitted to his name);
name of the organization or FIO of the participant of the process;
information about the respondent (they can already be specified in the text of the application);
please issue a sheet, specify the case number, the essence of the solution (on the recovery of a certain amount from a certain person);
signature of the author and the date of sending a document.

The application is permissible to indicate other information.

Executive List

The recoverer must prove that its inaction is caused by respectful reasons.

There is a dilemma: is the deadline for issuing an actuator? Some court decisions are subject to immediate execution, and the sheets are issued immediately.

The document on the execution of the definition of copyright protection is issued no later than the day after the adoption of the judicial act.

Despite the controversy of a similar approach, he takes place.

How are things in arbitration courts

After amendments to legislation, the procedure for issuing an executive list of the Arbitration Court is similar to what acts in the general court. A significant difference remains in the electronic justice system. Using it, citizens have the opportunity to order a sheet and ask to send it to execution without visiting the institutions. In general vessels, electronic justice is much worse, and people prefer either forced to act as a habit.

Getting a copy

A copy of the actuator is issued subject to the loss of the primary document by baking or a representative of the recoverer. When the period of execution passes by their fault, the recoverer has a month to appeal to the court, so that a duplicate is given to him from the moment he became aware of everything.

In any case, issuing it or not, is decided at the court session. The fact of the loss of the sheet must be applied. A negative solution is served a private complaint. It gives 15 days from the date of the announcement of the definition.

How to submit an executive list to the bailiffs, What time it is necessary to do this, "we will talk about this in this article.

At the end judicial trialThe plaintiff receives the executive list on which the decision was made in the case. This sheet, for the execution of the court order, must be transferred to the bailiff service. After serving the sheet, executive production will be opened.

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Executive sheet

To excite the production, you need to perform a number of actions:

Prepare a statement with a request for the discovery of production.
Submit an executive list and application for bailiffs.
Get the decision on the opening of production or refusal.

Many are interested in to submit documents. You can send them to the district or regional federal Service bailiffs, the answer should come no later than 7 days from the date of the case.

How to make an application

The success of the case will depend on the correctness of the applied statement. If it detects errors, inaccuracies, lack of information or abbreviations - documents will be rejected and retransmitted.

By making a statement on the executive list, it is necessary to include such information in it:

Address and full name of the branch of the bailiffs.
Data on the recoverer - surname, name, patronymic, passport details, place of residence and regulations. For legal entities, recovers, also requires the name of the organization, identification number and the address of the company. Any abbreviations are not allowed.
All data on the executive list is the date of issue, the ruling, the name of the body that the sheet issued.
The details of the recoverer to which cash will come.

Also, a recoverer, to accelerate the enforcement proceedings, may indicate the data on the debtor. This will make it possible to simplify the work of the attachments, thereby faster to fulfill the court decision.

In the application, you can specify such data as a phone number, all information about the place of residence and work, availability of cars or real estate in possession, as well as any other data for efficient search - page in social networksIn which bank is serviced by the debtor, his relative phones and so on.

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How and where the executive list is served

After drawing up the application, it, together with the executive list, is sent to the Department of Bailiffs. You can send a list and application by registered letter.

You can send an executive list by mail, instruct this to the court, but the most effective method will be the transfer of documents "from hand to hand." Only so you can be sure that the sheet reached the baits. It is also recommended to require an official receipt in obtaining a document.

According to current legislation, the executive list can be submitted at the place of residence of the debtor or at the location of his property. It is easier to maintain the production process. It is not forbidden to contact the departure departments at the place of residence of the recoverer. If the baits have no data on the current finding of the debtor, the production opens at the place of its last stay or at the place of stay of the recoverer. Usually, after determining the location of the debtor, the case is transmitted to another department.

Find the address of the service to which the letter needs to be submitted can be on the official website of bailiffs. The law also allows us to submit documents to the main branch of federal bailiffs. This usually happens when the recovere cannot determine the necessary service. He gives the documents to the main attachment, and he transmits them to the necessary division. Chief Pills Must do it no later than 5 days after receiving the sheet. If there is a mark on an executive list "subject to immediate execution", such documents are transferred to the necessary department on the day of receipt.

Be sure to require confirmation of the adoption of documents - on your instance of the executive list must be put on the appropriate stamp. It necessarily indicates the date of acceptance of documents, the position of the receiving person, responsible bailiff and its contact details. So you can not only learn what kind of attracting is engaged in your business, but also to prove the fact of opening the enforcement proceedings. It is best to always leave copies of the documents submitted to the court or service of the attachments.

What happens after the transfer of the sheet

The application and the sheet is transferred to the service service, and not personally in hand. After the transfer, the documents will be sent to the Contractor no later than 3 days. Further, already the baits should determine if it is to excite the case, or it will go to failure. After making a decision, the next day, the attract must transfer a copy of the decree to the debtor or the recoverer, as well as to give it to the place of issuing an actuator. Only working days are taken into account.

For 7 working days, the Contractor must decide on the refusal or initiation of production. If he did not do this - this is a reason to file a complaint to the work of the bidding service in higher authorities. Very often in reality, the deadlines for the decision of the ruling are not observed, so this process needs to be monitored, otherwise the case can be excited 4-6 months after issuing a sheet.

It is best to come to the reception to the bait personally to get a decision. It is easier to control the observance of the deadlines.

If the executive production is initiated - it will also be necessary to follow the actions of the bailiff, to require timely reports of the work done.

If you refuse, you can submit documents again, for this you need to know the reason for the failure and eliminate it. In the overwhelming majority, the cause is incorrect filling accompanying statement. Based on even one not complied with the item, the abill has the official right to reject the sheet.

Maybe you will be interested

How many can bailiffs from salaries

If they are available, the recovery process is delayed. In some cases, bailiffs can not recover from the debtor when they give an executive list after a court decision with an error. According to the description of the procedure for issuing an actuator in the Code of Civil Procedure of the Russian Federation, when the court decision is subject to immediate execution, the executive list is issued on the same day.

Issuing an actuator in the arbitration court

Not all the defenders know who issues an executive list by the decision of the Arbitration Court. The issuance of the actuator takes place in the arbitration court when the court decision was taken by the Arbitration Court of Appeal or the Supreme Court of the Russian Federation. Issuance is made by an arbitration court. The issuance of the executive list is made by the Arbitration Court and in the settlement agreement.

Some facts

Of the 7,694 applications for the issuance of the executive list considered by the arbitration courts of subjects Russian Federation For 2015, on 1,691, the statement was made on the refusal to issue an executive list, which is 21.9% of the total number of applications for the extradition of the executive list, considered by the arbitration courts of the constituent entities of the Russian Federation in 2015.

In case of consideration in the Arbitration Court, the claim according to the rules of the court of first instance, the executive list issues the court of first instance. The issuance of the execution sheet is regulated by 1 part of Article 96 of the APC RF. The issuance of the executive list of the arbitration court under the settlement agreement is made in the manner prescribed by law. If there is a base of imposition trial, the executive list issues an arbitration court, which made the specified definition.

The procedure for issuing the executive list with an arbitration court provides for the possibility of obtaining a document through a trustee. To do this, the Office of the Arbitration Court will require a power of attorney that is notarized. A lawyer will be able to receive an executive list upon presentation of a warrant for execution of the order.

To obtain an executive document on hand, the recovere will need to write an appropriate application in the name of the judge, as well as coordinate this issue with the assistant judge who signed the document.

The procedure for issuing an actuator

The issuance of a judicial order regulates Article 130 Code of Civil Procedure of the Russian Federation. But in the Civil Procedure Code of the Russian Federation, the decisions of the court are not indicated on which the executive sheets are not issued.

The executive sheet is issued on the base of the established sample with water protection. In civil cases, for each judicial act, one executive leaf should be issued. If several plaintiffs or respondents participated in the case, the executive list is issued in several copies. A complaint about the definition of the court on the issuance of the executive list is served in private.

The procedure for issuing a judicial order is defined by article 130 Code of Civil Procedure of the Russian Federation. So, in case set time (10 days from the date of receipt of a copy of the court order) from the debtor will not come to court an objection, the judge issues the recording of the second copy of the judicial order, certified by the head of the court, to present it to execution.

At the request of the recoverer judicial order It may be sent by the court to execute the bailiff.

When in judicial decision There is a recovery of funds budget system The Russian Federation is issued not only an executive list, but also a copy (certified) decree, for the execution of which the executive list is needed.

Judges can send an executive list to start production and via email. The electronic document is necessarily assigned by the judge (qualified electronic signature).

Arbitration courts and courts of general jurisdiction give out executive sheets certified by the stamp. The document is issued to the party who won the case. The executive list is sent to the contracting executor to initiate production. The application form for the issuance of the executive list is established by the court. The sample can be taken in the office of the court or on our website.

The procedure for recovery directly the plaintiff in most cases accelerates the process of obtaining debt from the debtor. If the sheet is transmitted to the bailiffs, then further action is assigned to the FSP service. In this case, the recoverer will need to contact the bailiff service with a statement about the start of enforcement proceedings. It indicates all data from the executive list, as well as all the actions that the bailiff must be executed. You should also specify all the details and debtor accounts if they are known.

The procedure for the manufacture, storage and destruction of executive sheets, as well as forms of forms, requirements for the formats of the specified document sent in the electronic version are approved only by the Government of the Russian Federation.

In the video, it is considered in detail how to get an executive list

Application for the issuance of an actuator

In order for the recoverer to receive an executive list in the hands, he does not need to write a corresponding statement. After deciding and entering it into legal force, the recoverer is supposed to issue an executive list on the basis of a court decision. It is not required to write a statement and on the issuance of an executive list to the decision of the Arbitration Court. The preparation of the application is necessary in cases where the execution of the court decision is planned through the FSP service. In this case, you can write an application to send an executive list to the bailiff for the beginning of the enforcement proceedings.

For each decision of the court, one executive list is issued, but exceptions occur. So, if the decision was made against several defendants or in favor of several plaintiffs, then a statement of an executive list is submitted to several copies. In case of recovery monetary sums From several solidarity defendants, it is necessary to go to court to obtain several executive documents, the number of which coincides with the number of respondents.

If for any reason the executive sheet is lost, then it is necessary to submit an application for the issuance of the duplicate of this document.

Details about what to do if the executive sheet is lost.

The court issues a duplicate only at the request of the recoverer or bailiff of the Contractor. Such a statement must be submitted to the court before the term extended to present an executive list to execution. The exceptions are cases when the executive list was lost due to the fault of the bailiff or another official.

Issues on the issuance of the executive list, write in the comments