A list of assets that are not. Levy of execution on the property of the debtor. Grounds for appealing against the seizure of property

At the moment, in the Federal Law of October 2, 2007 No. 229-FZ "" (hereinafter - the Law) there is no clear classification of the types of arrest that can be imposed on the debtor's property in the framework of enforcement proceedings, as well as the goals for the achievement of which this can occur ... In this regard, the courts are often required in the course of considering the relevant disputes to determine what kind of arrest was applied. Was it aimed at collecting property, or acted only as a measure of securing an enforcement document or encouraging the debtor to fulfill his obligations. In practice, disputes regularly arise as to whether the debtor's property, which is not subject to collection in accordance with and, can be seized for the above purposes.

On March 27 of this year, on the official website of the Supreme Arbitration Court of the Russian Federation, the Presidium of the Supreme Arbitration Court of the Russian Federation of November 19, 2013 No. 6065/13 in case No. А43-17970 / 2012 was published, which brings some clarity to this situation. The document provides a legal assessment of the actions of the bailiff-executor on the seizure of items of ordinary household furnishings and household items belonging to an individual entrepreneur with arrears in tax payments. In the opinion of the Presidium of the Supreme Arbitration Court of the Russian Federation, it does not provide for the right of the bailiff-executor to seize such property in order to secure a writ of execution or to stimulate the debtor to pay the debt.

Below are the positions of the courts of the first appeal and cassation instance, the Supreme Arbitration Court of the Russian Federation and the Presidium of the Supreme Arbitration Court of the Russian Federation in this case, as well as the judicial practice of resolving similar cases by other arbitration courts and courts of general jurisdiction.

Case story

The Inspectorate of the Federal Tax Service of Russia made a decision to collect tax arrears from an individual entrepreneur. The corresponding decree was sent for compulsory execution to the territorial body of the FSSP of Russia. The bailiff-executor issued a resolution to initiate enforcement proceedings.

In view of the non-fulfillment of the requirement for voluntary repayment of debt and the lack of property that can be foreclosed, the bailiff-executor drew up an act of seizure (inventory of property) on the TV, telephone, washing machine, kitchen set. The property was left in storage with the debtor with an indication of the possibility of using it.

An individual entrepreneur appealed to the arbitration court with a statement recognizing the actions of the bailiff-executor to seize the disputed property illegal, citing a violation of the requirements and.

First instance, appeal and cassation

In the situation under consideration the courts did not find any violations of the current legislation that would significantly affect the rights and legitimate interests of the applicant. According to the position of the courts, in accordance with paragraph 1 of Art. 12 of the Federal Law of July 21, 1997 No. 118-FZ "" the duties of the bailiff-executor include taking measures for the timely, complete and correct execution of executive documents. For these purposes, he was granted, in particular, the right to arrest, seize, transfer for storage and sell seized property.

Bailiff in order to ensure the execution of the court order containing claims for property penalties, has the right to seize the debtor's property. He can do this also within the period established for the voluntary performance by the debtor of the requirements contained in the enforcement document (). The seizure of the debtor's property includes a prohibition to dispose of the property, and, if necessary, the restriction of the right to use the property or the seizure of property ().

At the same time, the entrepreneur's argument that the arrest of property was in violation and was made for household items was rejected by the courts. So, according to their position, these norms regulate issues related to the application of such a measure of compulsory execution as foreclosure on the debtor's property() and do not apply to controversial legal relationships.

According to the courts, the bailiff-executor applied another measure of compulsory execution - the seizure of the debtor's property () in the form of a prohibition to dispose of this property. In the opinion of all three instances, in the case under consideration, the disputed actions do not belong to the number of enforcement actions related to the foreclosure of property. In addition, no restrictions were imposed on the right to use the property, its seizure was not made, the seized property was left for storage by the entrepreneur with the right to use it.

In such circumstances, the courts concluded that the contested action of the bailiff-executor to seize the property of the entrepreneur meets the requirements of the law and does not violate his rights and legitimate interests in the field of entrepreneurial and other economic activities. Due to this the claim is denied.

Motivation for transferring the case to the Presidium of the Supreme Arbitration Court of the Russian Federation

First of all, when referring the case to the Presidium (the Supreme Arbitration Court of the Russian Federation of August 16, 2013 No. VAS-6065/13 in case No. enforcement proceedings distinguish two types of arrest:

• arrest as an independent enforcement measure applied ();
• seizure of debtor's property in order to secure the executive document containing claims for property foreclosures ().

At the same time, the Supreme Arbitration Court of the Russian Federation noted that it contains closed list of cases of application of attachment to the debtor's property:

• to ensure the safety of property that is subject to transfer to the claimant or sale;
• when executing a judicial act on confiscation of property;
• when executing a judicial act on the seizure of property owned by the debtor and held by him or by third parties.

From this, the Supreme Arbitration Court of the Russian Federation concludes that the seizure of the debtor's property and the foreclosure on it are successive stages of the procedure aimed at selling the property in order to fully restore the property sphere of the claimant.

Position of the Presidium of the Supreme Arbitration Court of the Russian Federation

Considering the case, the Presidium of the Supreme Arbitration Court of the Russian Federation noted that the courts, referring to the use by the bailiff-executor of arrest, as an independent measure of compulsory execution (), not aimed at the same time at the collection of property, did not take into account that this is possible solely in pursuance of a judicial act on the seizure of property... In the absence of such an act, adopted by the court as an interim measure, the conclusion of the courts on the application of the specified provisions of the Law in the dispute under consideration is incorrect.

In this regard, the Presidium of the Supreme Arbitration Court of the Russian Federation also emphasized that a closed list of grounds for seizing the debtor's property has been established. At the same time, from the above provisions of the Law, according to its position, it does not follow the possibility of seizure of household items and household items in order to stimulate the debtor to execute the executive document on the collection of mandatory tax payments at the expense of the taxpayer's property.

"The seizure imposed on the property of the debtor in order to secure a writ of execution containing a demand for the collection of funds is the initial stage of the implementation of the collection.", - noted the Presidium of the Supreme Arbitration Court of the Russian Federation.

At the same time, in the opinion of the Presidium of the Supreme Arbitration Court of the Russian Federation, the actions of the bailiff-executor in the situation under consideration are among the enforcement actions related to the foreclosure of property, since the decision to initiate enforcement proceedings was issued on the basis of an executive document - a decision of the tax inspectorate to collect tax arrears.

As the court noted in this case, within the meaning of these legal norms, the seizure of property to ensure its safety presupposes its subsequent transfer to the recoverer or sale. In accordance with the foreclosure cannot be levied on the property belonging to the debtor-citizen on the right of ownership, the list of which is established.

The practice of considering similar cases by courts of general jurisdiction

A similar situation is observed when considering such cases by courts of general jurisdiction. As a rule, the courts note that the bailiff-executor committed enforcement actions to arrest the debtor's property, which do not violate the debtor's rights to own and use the dwelling, but act as a kind of an interim measure guaranteeing the possibility of execution of court orders... It is also taken into account that the foreclosure on the seized property was not carried out by the bailiff.

In addition, in the opinion of the courts, it follows from the meaning and content that the seizure of property, as a measure of ensuring the execution of a writ of execution, is not part of the foreclosure of property and ensures the execution of the court decision on the recovery of funds throughout the enforcement proceedings (see the Appellate ruling of the Rostov Regional Court of December 23, 2013 in case No. 33-15187 / 2013; the Appeal ruling of the Rostov Regional Court of May 24, 2012 in the case No. 33-5635; Appeal ruling of the Supreme Court of the Republic of Tatarstan dated June 20, 2013 in case No. 33-7178 / 2013; Appeal ruling of the Supreme Court of the Republic of Tatarstan dated September 20, 2012 in case No. 33-9475 / 2012; Determination of the Sverdlovsk regional court of October 16, 2012 in case No. 33-12253 / 2012).

According to another position, the ban on the disposal of property is one of the parts of such a measure to ensure the execution of a court decision, such as seizure, which is used to ensure the safety of property subject to transfer to the claimant or sale. However, by force, collection cannot be levied on the property owned by the debtor-citizen on the basis of the right of ownership, the list of which has been established. With this in mind, this prohibition is devoid of practical significance, since it cannot lead to the execution of a court decision(see the Appellate ruling of the Moscow City Court dated December 2, 2013 in case No. 11-39357 / 2013).

Thus, the majority of courts interpret establishing the possibility of using arrest to enforce a court order, in isolation from the one containing a closed list of cases where arrest can be imposed. Similarly, in the legal literature, a number of authors believe that it allows to expand the goals set in the list, for the achievement of which the bailiff-executor can seize. Other authors, on the contrary, believe that it is necessary to apply guided by the closed list established in. At the moment, the practice of considering cases related to the imposition of seizure of property specified in, is at odds with the above position of the Presidium of the Supreme Arbitration Court of the Russian Federation. Probably, in the future, she will follow the path of recognizing the arrest of such property as illegal, regardless of whether the purpose of the arrest was to recover this property or to provide an enforcement document (to encourage the debtor to perform his duties).

When can property values ​​be seized? If the debtor did not make an attempt to settle the problematic issues with the creditor amicably, and as a result, he filed a claim with the court, and enforcement proceedings were sent to the bailiffs. The judgment is valid for 3 years. During this period, the creditor can go to court at any time and, having received a writ of execution in it, transfer it to the FSSP, the federal bailiff service, for compulsory debt collection.

In this article

What are the bailiffs interested in?

Before the start of the process, the bailiff-executor (JV) is obliged to present the court order with the grounds. The act of seizure of property is drawn up in the presence of 2 disinterested persons. This document is provided to both parties to the procedure no later than the next day (immediately in case of confiscation).

The arrest is imposed as a guarantee of the safety of all valuable property. The debtor will not be able to dispose of real estate, valuable items, that is, sell, donate or pledge them.

The JV will first of all be interested in the debtor's financial savings (cash, available capital in a bank of any type, up to 50 percent of salary, including pensions), jewelry. If these material values ​​are not enough to cover the debt obligations, all property will be rewritten, which can be sold in the future to close the debt.

Separately, it should be noted the only living space of the debtor.

If a house (apartment) is pledged as security for credit funds, according to the current legislation, it can be seized along with the land plot on which it is located.

Important! Real estate can be arrested even during the period allotted to the defendant for the voluntary closure of debt obligations to the creditor. In this case, the amount of debt must be more than 3 thousand rubles.

To find out when real estate can be seized, you need to carefully study the Federal Law No. 229 ().

When the enforcement proceedings are instituted, the defendant is given one week to voluntarily fulfill the requirements in accordance with the writ of execution.

What property values ​​are not subject to arrest

Property arrest consists in the description of the defendant's property, the imposition of a ban on the disposal of it by the debtor, if necessary, restrictions on the right of use are introduced, is carried out by the defendant in order to transfer it to other persons for storage. The investigator determines the volume, type, period of restriction separately for each individual case, taking into account the characteristics of property values, their value for the owner, operational necessity, and other circumstances.

The legislation defines a list of seizure of material assets that are not subject to penalties according to the executive documentation. So, in accordance with the Code of Civil Procedure (), according to executive documents, arrest cannot be imposed on the following property values ​​that are the property of the defendant:

• living space (part thereof), which is the only permanent place of residence for the defendant, family members, including those living with him in his own dwelling;
• pledged housing (purchased under a mortgage), which, in accordance with the provisions of the current legislation on mortgage lending, may be subject to foreclosure;
• plots of land on which the only housing suitable for permanent residence of a family is located (the exception is the specified property values), if it was acquired under a mortgage, on which, according to the provisions of the current legislation on mortgage lending, a penalty can be imposed;
• items of standard household use, everyday life, individual use (shoes, clothing, etc.). Exceptions in this case are jewelry, other luxury items;
• property values ​​used for the defendant's professional activities, with the exception of items of property, the price of which exceeds 100 minimum wages established by the Federal Law;
• items of property used for a purpose not related to entrepreneurship;
• dairy, breeding, working cattle;
• rabbits, deer, birds, bees;
• feed necessary for keeping livestock before pasture and transporting bees to an apiary;
• outbuildings used for keeping pets;
• seeds for the next sowing;
• products, cash, the total amount of which must be at least the minimum subsistence level of the debtor and his family established by law;
• fuel for daily cooking, heating the living space in winter;
• seizure does not apply to technical devices, other property values ​​that are in operation due to the presence of a disability in the defendant;
• badges of honor, prizes, awards;
• collection according to executive documents cannot be used on electoral bail.

Unfortunately, there is no clear list of property values ​​that can be seized by the current Russian legislation.

How to seize property in a divorce

Sometimes during the period of division of jointly acquired property by a married couple, there is a need for the use of special measures for. For example, you can.

Property arrest is an investigative measure that allows one to avoid abuse, deception by one of the spouses during the period of division of jointly acquired property (for example, attempts to draw up fictitious documents, destruction, hiding from the tax, sale of common property without a court decision are possible). The seizure of property values ​​prohibits the disposal, in some cases, the possession, operation of disputed real estate, vehicles, and other common property.

The seizure of material assets is carried out according to the corresponding statement of one of the spouses, by order of the court.

For example: The plaintiff is the spouse. He submits a petition, which is the basis for the judge to issue a writ of execution to the joint venture for immediate execution. The executing joint venture establishes the location of property values, describes them, issues a resolution on their arrest.

For what purpose is the arrest of the joint property of the spouses

According to the legislative Family Code (), if a married couple, during the division of common property, could not resolve this issue peacefully, their dispute is resolved by a court. At the same time, during the preparatory period, during the filing, consideration of the statement of claim, the spouses quite often carry out illegal actions with real estate, technical means, capital, jewelry and even household appliances (for example, they sell or donate, they simply hide). Such actions impede the court process, securing the claim.

In order to prevent such cases, to preserve the common property, to ensure the implementation of the court decision on the division of the common property of the married couple, the spouse who is interested in this must submit an appropriate petition and the court decision to seize the family property.

Seizure of property is the most popular and reliable option for preserving disputed property, which involves:

• The encumbrance of the property on which the arrest is imposed is the restriction of the rights of ownership, disposal, and exploitation of this property. In some cases, the arrest provides for the seizure, transfer of valuables for safekeeping to a third, independent party or the spouse who submitted the petition.
• Drawing up an act for the arrest of material assets of the spouses. If the property (technical means, real estate) needs registration, it is necessary to inform the registration authorities (Rosreestr, traffic police), IFTS about its arrest.
• Prohibition, registration of any transactions with him (sale, donation, exchange, rent, cashing banknotes, bank transfers).

Period of seizure of property

The time frame for the seizure of property is not specified by law. But the grounds have been identified that allow the termination of these measures. According to the Code of Civil Procedure (), the arrest can be canceled on the initiative of the co-owners of the property, the court. That is, the arrest can be canceled before a court decision is made (when a peace treaty is concluded, the respondent agrees with the applicant's demands).

Legal assistance to debtors - dolgi-net.ru

In recent years, due to the financial crisis, the debt of Russian citizens on loan obligations has been growing rapidly. If the delay in payments reaches a peak, banking organizations go to court with the requirement to start enforcement proceedings against the debtor. After that, if the borrower does not voluntarily pay off the debt, the bailiff draws up an order to seize the property and visit the home of the insolvent citizen.

To know how to act in such a situation, you should understand in advance how what powers bailiffs are endowed, and what property they have the right to confiscate, and what - not.

Property not subject to collection

In Art. 446 of the Code of Civil Procedure of the Russian Federation provides a list of property owned by the debtor, which under no circumstances is not subject to arrest by bailiffs. The list of properties includes:

1. A dwelling that is the only place suitable for the residence of an insolvent citizen and his family members.

Note! If the debtor's home is the subject of a pledge or provided to him under a social rent agreement, it may be arrested. In addition, if a credit borrower has a large debt to pay for utilities, housing can be withdrawn, and the debtor himself can be relocated to premises with less comfortable conditions.

If you own several residential real estate, a summer residence or similar property and at the same time have debt on credit obligations, it is recommended to re-register the ownership of these objects to one of your relatives in order to prevent foreclosure. Just keep in mind that for such purposes won't fit spouse, since the bailiffs-executors, under certain circumstances, have the opportunity to arrest the joint property of the husband and wife.

Important! If you yourself are examining your case related to property not subject to arrest by bailiffs, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is helpful, but does not guarantee a result.
• The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to complete any of the options offered:

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Movable property that cannot be seized

1. Personal belongings of a citizen, including shoes, clothing, household items, and household furnishings, are not subject to arrest. Among this property n e included luxury items and jewelry - they may well be confiscated. Therefore, if there is a picture of a famous painter or an old vase at home, it is better to temporarily deposit these things with relatives.

Note! Sometimes even the second TV in the apartment bailiffs can refer to luxury goods.

The seizure of the debtor's property is a way to ensure the execution of a court decision (executive document) on debt collection. Arrest is an inventory of property and a prohibition on its sale by the debtor, which allows in the future to sell the assets at auction and pay off the debt to creditors at the expense of the proceeds. In some cases, arrest is used to ensure the safety of disputed property.

Grounds for arrest of property by bailiffs

The grounds and procedure for the seizure of the debtor's property are regulated by the Law on Enforcement Proceedings (hereinafter referred to as the Law), in particular Art. 80. The norms of procedural legislation are applied equally.

Grounds for arrest - a set of conditions:

1. There is an executive document that contains a claim for property or monetary recovery. In this case, the amount for the monetary collection must exceed 3,000 rubles, with the exception of cases of seizure of money, pledge and the presence of an executive document providing for the seizure of property.
2. An independent decision of the bailiff or a claim of the claimant satisfied by him for the imposition of arrest.
3. The existence of a statutory purpose (justification) for the application of arrest:

• ensuring the safety of property for its subsequent sale or transfer to the claimant;
• execution of a court decision on the confiscation of property or on its arrest.

What property cannot be seized

There is no statutory list of property that cannot be seized. Bailiffs have the right to independently decide on the arrest of certain objects. At the same time, the debtor retains the right to appeal against such a decision or the arrest itself, if they were unlawful or unfounded.

As a general rule arising from Art. 446 of the Code of Civil Procedure of the Russian Federation, no seizure is imposed on property that cannot be foreclosed. However, to apply or not to apply this rule is the decision, again, of the bailiff. A striking example is the practice of seizing the debtor's only housing, despite the fact that it cannot be realized by paying off the debt at the expense of the proceeds. The legitimacy of this practice is reflected in the position of the higher courts.

The seizure of the debtor's property by bailiffs does not always entail its sale or transfer to the claimant, because the debtor can pay off the debts voluntarily, or other measures will lead to the repayment of the debt. The actual purpose of the arrest is to rewrite the property and establish restrictions or prohibitions on its free use (disposal). What will happen to the property in the future depends on the whole on the course of the enforcement proceedings.

Given the above, debtors should not rely on the fact that the bailiff will not be able to arrest the property listed in Art. 446 Code of Civil Procedure of the Russian Federation. But you can be sure that it is impossible to confiscate such property or sell it.

Restrictions on collection relate to:

• the only habitable housing (apartment, room, house), if it is not subject to mortgage, as well as the land plot on which such housing is located;
• home furnishings, individual things, if they do not belong to luxury goods and are not jewelry;
• property for the debtor's professional activities in the amount of up to 100 minimum wages (10 thousand rubles);
• animals used for non-commercial purposes (working, breeding, dairy cattle, bees, birds, rabbits), feed for them and buildings for keeping;
• seeds for the upcoming next sowing;
• cash and food for a total amount equal to "one living wage of the debtor + one living wage for each dependent of the debtor";
• fuel for home heating and cooking;
• vehicles and other property needed by a disabled person;
• prizes, state awards, signs awarded to the debtor.

Proceeding from the restrictions established by the Law, it is impossible to seize the pledged property for the execution of the collection on the claim of a person who does not have priority over the pledgee. In addition, it is unacceptable to seize assets belonging to persons other than the debtor. This often happens when the bailiffs arrest everything in a row in the apartment (house) of the debtor, despite the fact that the property may belong to family members. In such situations, it is always necessary to raise the question of the validity of the arrest and the need to appeal the decision (actions) of the bailiff, removing the arrest in whole / in part and excluding certain property from the inventory.

The legality and validity of the seizure of property

In most cases, the question of the legality of the seizure is not raised. The bailiffs act on the basis of a judicial act or a writ of execution against the debtor. If there are no such grounds, it is no longer so much illegal as criminal actions related to abuse of office and arbitrariness.

The main claims of debtors and other interested parties are related to unreasonable decisions and actions of the bailiffs, in particular:

• seizure of property, which is contained in the list of Art. 446 Code of Civil Procedure of the Russian Federation;
• the arrest of the property of the family members of the debtor, his other relatives or acquaintances under the pretext that this property belongs to the debtor;
• seizure of property for an amount obviously greater than the amount of the debt;
• the seizure of non-luxury items;
• arrest of domestic cats, dogs, other pets, doors, windows, locks and other "funny and controversial" property.

Certain situations with unjustified seizure of property are the imposition of too harsh, in the opinion of the debtors, restrictions and prohibitions, or the seizure of property, although it could well have been left for storage by the debtor.

Grounds for appealing against the seizure of property

In the event of illegal and (or) unjustified seizure of property, the debtor and other interested persons have the right to appeal both the decision to seize and the procedure itself, including the procedure for its actual implementation, the inclusion of individual objects in the inventory and (or) the imposed prohibitions and restrictions.

The appeal procedure will depend on the subject matter of the dispute. For complaints about decisions (actions) of bailiffs, administrative and (or) judicial procedures are applied. If the contested decision to seize property is made by the court (contained in a judicial act or an executive document), then only judicial appeal is used - in a higher court instance.

As a result of the appeal, you can achieve:

1. Removal of arrest from property, if this measure was applied unlawfully or unreasonably. In this case, the subject of the appeal is the decision to seize the property.
2. Exceptions from the inventory of individual property, for example, if it does not belong to the debtor or is included in the list established by Art. 446 Code of Civil Procedure of the Russian Federation. Here the decision and actions related to the inclusion of specific property in the inventory of the person to be arrested or arrested are contested.
3. Recognition of the procedure as illegal - when appealing the actions (inaction) of the bailiff in the process of seizing property, for example, if there were no attesting witnesses or there are other procedural violations. Satisfaction of such a complaint will actually remove the arrest from the property, but it will not become an obstacle to the repeated application of the measure - already according to all the rules.
4. Cancellation of specific restrictions and (or) prohibitions imposed on the property rights of the debtor during the arrest of his property.
5. Return to the debtor for safekeeping of the property seized upon arrest. In this case, the subject of the complaint is the decision and actions of the bailiff to seize specific property. Only precious stones, metals, products and their scrap are subject to mandatory withdrawal. As a rule, cash is seized, and such actions are difficult to dispute if the arrest is carried out in accordance with all the rules. But as for the rest of the items and things, the fact of seizure is quite possible to appeal. This will allow the property to be returned and continued to be used, albeit with restrictions.

In judicial practice, the bulk of disputes over the seizure of property are associated with the inclusion in the inventory of those items, things and objects with the seizure of which the debtor does not agree. Situations are typical when bailiffs arrest everything more or less valuable that they find in the debtor's home. And on statements about the ownership of property to other family members or other people in general, they are advised to complain. A separate category of disputes is the seizure of property on the initiative of the bailiff, with which the debtor does not agree and which often raises suspicion of abuse of authority, and sometimes of extortion in this way of a bribe. Finally, disputes often arise because the debtor believes that the property is not subject to seizure, such as the only housing, personal belongings or inexpensive equipment for professional activities. Closely related to this is the initial appraisal of property "by eye". Hence - the controversy of determining whether or not the cost of the arrested property fits into the amount of the debt, whether or not the property for professional activities will exceed 10 thousand rubles, and food products together with cash - the subsistence minimum.

To date, the Supreme Court has decided only on the admissibility of the arrest of the only housing that is not a mortgage. Since 2015, such actions of the bailiffs are considered lawful. The imposed restrictions on the disposal of housing are also legal, in particular, on the registration of other persons, the sale and lease of real estate. As for other property listed in Art. 446 of the Code of Civil Procedure of the Russian Federation, the issue of the legality or illegality of his arrest is decided on an individual basis. They do not agree with the arrest - it is necessary to file a complaint as soon as possible, and it is better to go to court.

Is it possible to take everything away from a person !? Of course not.

Foreclosure on property.

The law reflects the types of property, types of moves that are not subject to collection, this is what a person cannot live without.

In Art. 446 of the Code of Civil Procedure of the Russian Federation reflects the list of property that cannot be foreclosed according to executive documents

Recovery under executive documents cannot be levied on the following property belonging to the debtor citizen on the basis of the right of ownership:

The list of property of organizations, which cannot be foreclosed according to executive documents, is determined by federal law and can be expanded.

In addition to property, foreclosures also affect the income of citizens, but not all incomes are also subject to collection, since not all citizens have the opportunity to pay debts.

Imagine that someone was paying off a debt and suddenly became disabled and could not work, he had no property, but only a disability pension.

A person should always have the opportunity to live on something.

There is a list of types of income on which bailiffs are not entitled to impose penalties.

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According to Art. 101 of the Federal Law of 02.10.2007 No. 227-FZ "On Enforcement Proceedings" says the following:

Article 101. Types of income that cannot be foreclosed

Collection cannot be levied on the following types of income:

1) sums of money paid in compensation for harm caused to health;

2) sums of money paid in compensation for harm in connection with the death of the breadwinner;

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3) sums of money paid to persons who have received injuries (wounds, injuries, contusions) in the performance of their official duties, and to their family members in the event of death (death) of these persons;

4) compensation payments from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;

5) compensation payments from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens;

6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (travel compensation, purchase of drugs, etc.);

7) the sums of money paid as alimony, as well as the sums paid for the maintenance of minor children during the period of the search for their parents;

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8) compensation payments established by the legislation of the Russian Federation on labor:

a) in connection with a business trip, with a transfer, admission or assignment to work in another locality;

b) due to wear of the tool belonging to the employee;

c) the sums of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;

9) insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and benefits for temporary incapacity for work;

10) pensions in the event of the loss of a breadwinner, paid out of the federal budget;

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11) payments to pensions in the event of the loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;

12) benefits to citizens with children, paid at the expense of the federal budget, state extra-budgetary funds, budgets of the constituent entities of the Russian Federation and local budgets;

13) funds of maternity (family) capital provided for by the Federal Law of December 29, 2006 N 256-FZ "On additional measures of state support for families with children";

14) the amount of one-time financial assistance paid out of the federal budget, budgets of the constituent entities of the Russian Federation and local budgets, off-budget funds, at the expense of foreign states, Russian, foreign and interstate organizations, and other sources:

a) in connection with a natural disaster or other emergency;

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b) in connection with a terrorist act;

c) in connection with the death of a family member;

d) in the form of humanitarian aid;

e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;

15) the amount of full or partial compensation for the cost of vouchers, with the exception of tourist vouchers, paid by employers to their employees and (or) their family members, disabled people who do not work in this organization, to sanatorium and health resorts and health institutions located on the territory of the Russian Federation, as well as amounts full or partial reimbursement of the cost of vouchers for children under the age of sixteen to the sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;

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16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;

17) social allowance for burial.

With regard to alimony obligations in relation to minor children, as well as obligations to compensate for harm in connection with the death of a breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of Article 101 of the same law shall not apply.

Of course, many will say that there was nothing to borrow, or to have so many children that now you cannot support them, and in some ways these people are right, but who of us can know what will happen tomorrow.

If your situation is at an impasse, it is better to contact a specialist.

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Art. 446 Code of Civil Procedure of the Russian Federation. Property on which execution cannot be levied according to executive documents

When collecting writs of execution, authorized employees are required to take into account the instructions that are established by Article 446 of the Code of Civil Procedure of the Russian Federation. The property, the list of which is present in it, cannot be withdrawn as debt. The rules enshrined in the norm apply to penalties from citizens. Lists of material assets not subject to confiscation from organizations are established by federal legislation. Consider further Art. 446 Code of Civil Procedure of the Russian Federation with comments.

List of material assets

Part 1 of Art. 446 Code of Civil Procedure of the Russian Federation does not allow levying execution on:

1. A living space, its part, if for an individual and his family (loved ones living with him), it acts as the only room suitable for permanent residence. An exception is made for objects that are the subject of a mortgage, and according to the Federal Law "On Pledge", collection can be levied on them.
2. Plots of land on which the above structures are located. An exception is made for objects that act as the subject of a mortgage agreement, if a penalty can be imposed on them by the relevant regulatory enactment.
3. Household and household items, personal items. The latter include shoes, clothing, etc. The exception is jewelry, luxury items.
4. Material assets used in the implementation of professional activities. The exception is items, the cost of which is higher than 100 minimum wages established by federal law.
5. Workers, dairy, breeding cattle, bees, rabbits, poultry, deer, feed intended for them, outbuildings for their maintenance, if they are not used for entrepreneurship.
6. Seeds intended for the upcoming sowing.
7. Money, the total amount of which is not less than the total subsistence level of the debtor and persons who are dependent on him, as well as food.
8. Fuel used for cooking, heating during the season.
9. Vehicles and other valuables required by a citizen due to disability.
10. State awards, prizes, commemorative and honorary signs with which the debtor was previously awarded.

Rule 446 of the Code of Civil Procedure of the Russian Federation: commentary

The above list is aimed at ensuring the protection of constitutional rights not only directly to the debtor himself, but also to his relatives, who are dependent on minors, the disabled, and the elderly as well. Article 446 of the Code of Civil Procedure of the Russian Federation prohibits levying execution on objects and objects that are vital to the subject. Every citizen has the right to housing. Moreover, for many people their living space is the only place suitable for living. It is inhumane and illegal to foreclose on him.

In addition, the considered article 446 of the Code of Civil Procedure of the Russian Federation ensures the implementation of the requirement to protect the dignity of the individual. The corresponding prescription contains the constitutional norm 21. Considering Art. 446 of the Code of Civil Procedure of the Russian Federation with the comments of lawyers, one cannot but draw attention to the fact that the established list is consistent with the principles enshrined in the Universal Declaration of Human Rights.

COP opinion

The Constitutional Court, analyzing Art. 446 of the Code of Civil Procedure of the Russian Federation, came to the conclusion that the legislator established the framework for the foreclosure of the IL on the living space owned by the debtor, thus reducing the legal ability of the creditor to properly execute the decision in his favor. At the same time, it goes beyond the permissible limitations of the constitutional rights to obtain judicial protection, provided for in Rule 55 (paragraph 3) of the Basic Law. At the same time, the Constitutional Court does not exclude the possibility of the legislator specifying regulation in terms of the size of this living space.

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An important point

In the norm under consideration, it is especially emphasized that objects that cannot be foreclosed must be owned. This means that the ownership of certain material values ​​on other grounds does not provide for a restriction on the execution of court decisions. However, lawyers note that such a clause is normally unnecessary, since if the object is not in the ownership of the person, then it is also impossible to foreclose on his debts. Otherwise, the right of the rightful owner will be violated.

Material values ​​for liturgical purposes

They are mentioned in the Federal Law No. 125. In the 21st article (part 5), it is established that the collection on the claims of creditors is not allowed to be paid for material values ​​of liturgical purposes. This rule applies to both movable and immovable objects. The list of types of property is approved by the government, according to the proposals of religious associations.

Types of income

Art. 466 of the Code of Civil Procedure of the Russian Federation includes in the list receipts that have and do not have a special purpose. These include amounts paid as:

1. Compensation for harm in connection with the loss of the breadwinner.
2. Compensation for damage to health.
3. Compensation to persons who received concussions, injuries, injuries and other injuries while performing their official duties, as well as to their relatives in the event of their death.
4. Compensations from federal, regional, territorial budgetary funds to citizens who have suffered from the consequences of man-made or radiation accidents.
5. Benefits in connection with the care of disabled relatives. These payments are also made from federal, regional or local budget funds.
6. Monthly or annual compensation accrued to certain categories of individuals, in accordance with the law. In particular, this refers to the reimbursement of travel fees, the purchase of medicines, and so on.
7. Alimony, funds intended for the maintenance of minors during the search for parents.
8. The compensation provided by labor legislation.
9. Insurance coverage for the OSS. The exception is pensions for old age, temporary incapacity for work, and disability.
10. Benefits in connection with the loss of the breadwinner, provided from the federal budget, as well as payments accompanying them and accrued from regional funds.

Payments provided by the TC

Rule 446 of the Code of Civil Procedure of the Russian Federation does not allow foreclosure on amounts:

1. Accrued subjects in connection with sending him on a business trip, hiring or transferring to work in another region.
2. Paid in connection with the wear and tear of an employee's tool.
3. Accrued on the occasion of the birth of a child, registration of marriage, death of a relative.

Material help

Regulatory acts establish a list of amounts for which, according to the norm 446 of the Code of Civil Procedure of the Russian Federation, collection is not applied. These include payments made from federal, local, regional budget funds, at the expense of domestic, foreign, intergovernmental organizations, foreign countries, off-budget funds and other sources. The norm 446 of the Code of Civil Procedure of the Russian Federation covers the amount of material assistance provided in connection with:

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1. Terrorist act.
2. Natural disaster, other emergency circumstances.
3. Death of a relative.

In addition, foreclosure is prohibited for funds issued as humanitarian aid, as well as for assistance in the detection, suppression / prevention, disclosure of terrorist attacks and other criminal acts.

Conclusion

The application of norm 446 of the Code of Civil Procedure of the Russian Federation in practice is of particular importance. Its use confirms and ensures the implementation of the guarantees provided by the state to every citizen. Of course, situations are very different, debtors do not always behave correctly. However, the principle of humanity in the field of enforcement proceedings is always brought to the fore. There are certain frameworks beyond which the authorized bodies cannot cross. Compliance with the limits of competence, adherence to the letter of the law indicates the professionalism of employees, their humane attitude towards persons who have not fulfilled their obligations.

Property on which execution cannot be levied according to executive documents

It so happens that an individual has accounts payable, which he does not liquidate on his own.

For compulsory collection, the creditor is issued a special document, by virtue of which things are entered into the inventory, seized and sold at auctions, and the money received from their sale partially or completely repays the debt.

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Article 46 of the Federal Law "On Enforcement Proceedings in the Russian Federation" presupposes the foreclosure first on money, both in Russian rubles and in foreign currency, securities.

If the debtor does not have these funds, or they do not fully cover the debt, the satisfaction of the interests of the creditor occurs at the expense of the debtor's things.

You can find out how and where you can complain about the bank from our article.

Categories of things

What property cannot be foreclosed?

The register of objects and things remaining with a person, despite the debts, is contained in article 446 of the Code of Civil Procedure of the Russian Federation.

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1. The only dwelling of the person in debt, namely, an apartment, a plot of land with a house erected on it, a share in the right to any housing, provided that it is one - the same for the debtor. In this case, the size of the living space does not matter. An exception to this rule will be housing purchased with a mortgage, according to the Federal Law "On Mortgage" it will be withdrawn to pay off the mortgage loan.
2. Furniture, household items, without which elementary life is impossible.
3. Personal items such as clothing or footwear, excluding luxury items, antiques, gold, platinum, and precious stones.
4. Food and money in an amount that cannot be less than the subsistence minimum calculated not only for the debtor, but also for his dependents.

The subsistence minimum is calculated separately for each category of citizens: children, pensioners, able-bodied persons.

You will find an overview of court practice in consumer protection cases on our website.

The register does not contain a detailed description of things belonging to the category of ordinary home furnishings. However, it is customary to rank among them:

• beds, armchairs and other furniture suitable for sleep and good rest;
• all kinds of sideboards, cabinets and racks required for storing things;
• tables, stools and chairs required for homework, eating;
• any lighting fixtures;
• sanitary ware, including sinks, toilets, bidets, bathtubs;
• bed linen, pillows, blankets, mattresses and towels;
• windows and doors;
• kitchen utensils, detergents for washing clothes, washing and cleaning dishes, disinfecting premises.

The legislation does not contain information on the immunity of any household appliances from seizure to pay off debts.

For example, a washing machine will not be withdrawn from a disabled debtor or one who has dependent children; otherwise, a claim may be levied on it.

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The refrigerator, available in a single copy, will not be withdrawn.

The television is more likely to be foreclosed because entertainment and information are not considered to be life support.

Collection will certainly be levied on a computer, photo camera, movie camera if the debtor cannot document the need for these things for activities in the professional sphere.

How to write a complaint to Rospotrebnadzor in different situations? Find out the answer right now.

Cash savings and varieties of income

It is quite possible to levy the collection on the income of the person in arrears, however, Article 101 of the Federal Law "On Enforcement Proceedings in the Russian Federation" contains a list of types of income that are immune from collection.

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These include:

1. Money received by a person as compensation for harm caused to health.
2. Money given to the debtor due to the loss of the breadwinner.
3. Compensation payments made to debtors who were injured, shell-shocked during the performance of official duties, as well as to relatives in the event of the death of these citizens.
4. Compensation payments made from budgets of all levels to persons affected by man-made or radiation disasters.
5. Payments made from budgets of all levels as compensation for caring for disabled persons.
6. Periodic specific payments made to certain categories of persons, for example, reimbursement of treatment costs, travel.
7. Monetary funds received as any alimony, including support funds transferred to the maintenance of children who have not reached the age of majority during the search for parents.
8. Cash reimbursement of the debtor's expenses for business trips, relocation to another workplace or relocation to another location due to a business need.

In addition, the money given to the debtor by the employer due to the wear and tear of his personal tools and equipment, as well as the amount of material assistance to the debtor due to the birth of a child, marriage or death of close relatives.

The provisions of clauses 1, 4, part 1 of Article 101 of the Federal Law "On Enforcement Proceedings in the Russian Federation" are not relevant in the implementation of enforced recovery of alimony obligations, in the event of liability for harm to health.

Can it affect the relatives of the debtor?

As a rule, this problem worries the close relatives of the debtor, with whom he lives under the same roof.

It is unrealistic to levy a claim on things that do not belong to the debtor, but to other persons, albeit close relatives, if the legal belonging of these things is confirmed by the relevant papers.

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If the debtor is registered in the apartment and moves in a car owned by other persons who have supporting documents in their hands (if necessary, you can make a request to the competent authorities), then collection on this property will not work.

However, often the owners of furniture, household appliances, luxury goods do not keep documentation from which it is possible to establish the true owner of things.

In this state of affairs, the bailiffs, having arrived at the place where the debtor is staying, will foreclose on all things belonging to him personally, as well as those for which they have not been provided with documentation. In communal apartments, sometimes even the belongings of neighbors are described and arrested.

In a situation where the bailiffs have levied a claim on things that do not actually belong to the debtor, the owner of the things is free, within 10 days after drawing up the order on the arrest of the property, to file a lawsuit to remove the arrest from the things.

But the legal identity of things must be documented (receipts, warranty coupons, contracts) and through testimony.

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Read about what to do if scammers have withdrawn money from your bank card here.

Property of legal entities

In the course of enforcement proceedings, Russian legislation makes it possible to foreclose on almost all property and assets held by legal entities.

At the same time, there is no specific list of things not subject to seizure in the laws and by-laws.

Monitoring of a number of federal laws makes it possible to compile an approximate register of property that is not subject to seizure, which is owned by legal entities:

• property provided for trust management by the founder;

Except for the situation with the bankruptcy of the founder, because then these assets are included in the general bankruptcy estate - this is due to article 1018 of the Civil Code of the Russian Federation.

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An analysis of the norms of law allows us to conclude that, due to the cancellation of accounts payable, an individual will not lose his only home, money and items required to ensure his existence, as well as state compensation payments, while legal entities can lose almost everything.

You can find out about the property on which execution cannot be levied according to executive documents from the video:

Article 446 of the Code of Civil Procedure of the Russian Federation. Property on which execution cannot be levied according to executive documents

New edition of Art. 446 Code of Civil Procedure of the Russian Federation

1. Collection under executive documents cannot be levied on the following property belonging to the debtor citizen on the basis of the right of ownership:

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residential premises (parts thereof), if for the debtor citizen and his family members living together in the premises belonging to it, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and in accordance with foreclosure may be levied against mortgage legislation;

land plots on which the objects specified in the second paragraph of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and foreclosure may be levied on it in accordance with the legislation on mortgage;

common household items and household items, personal items (clothes, shoes and others), with the exception of jewelry and other luxury items;

property necessary for the professional activities of the debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;

used for purposes not related to the implementation of entrepreneurial activities, breeding, dairy and draft cattle, deer, rabbits, poultry, bees, feed necessary for keeping them before pasture (leaving for an apiary), as well as farm buildings and structures necessary for their content;

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seeds needed for the next sowing;

food products and money for a total amount not less than the established value of the subsistence minimum of the debtor citizen himself and his dependents;

the fuel required by the family of the debtor citizen to prepare their daily food and heating during the heating season of their dwelling;

means of transport and other property necessary for the debtor citizen in connection with his disability;

prizes, state awards, honorary and memorable signs, which were awarded to the debtor citizen.

2. The list of property of organizations on which execution cannot be levied under executive documents is determined by federal law.

Commentary on Article 446 of the Code of Civil Procedure of the Russian Federation

1. The functional purpose of the list of Art. 446 Code of Civil Procedure of the Russian Federation - to guarantee the debtor and persons dependent on him, the conditions necessary for their normal existence and activities.

When applying the provisions on the impossibility of foreclosure on residential premises, which are the only premises suitable for permanent residence of the debtor-citizen and his family members, as well as on land plots on which such residential premises are located (paragraphs 2 and 3, part 1), it follows take into account that:

a) the premises in this case must be residential, i.e. intended for a citizen to live in it (meet the requirements of the standards for living quarters - SNiP 2.08.01-89 "Residential buildings"), as well as be registered in this capacity in the Unified State Register of Rights to Real Estate and Transactions with It (Art . 2, 12 FZ "On state registration of rights to real estate and transactions with it"). Accordingly, garden houses and other buildings intended for temporary (seasonal) residence of citizens, non-residential buildings are not included in this category;

b) it is impossible to foreclose on an apartment (house), although not the only one for the debtor, but which is the only one for the members of his family living with him. Cohabitation is determined by the registration of citizens at the place of residence, and in the absence of such registration it can be established by the court;

c) part of the living quarters for the purpose of levying execution on it must be allocated in kind, which follows from the content of Part 1 of Art. 16 ZhK, according to which residential premises include a residential building and its part, an apartment and its part, a room, but not a share in the ownership of a residential premises;

d) the foreclosure on the land plot owned by the debtor-citizen, on which the dwelling to be foreclosed is located, is limited. This requirement of the law is aimed at implementing the fundamental principle of land legislation on the unity of the fate of land plots and objects firmly connected with them. Ownership of a land plot must also be registered in the Unified State Register of Rights to Real Estate and Transactions with It;

e) the transfer of the right to the mortgaged residential house (apartment), the land plot is carried out in accordance with the Federal Law of July 16, 1998 N 102-ФЗ "On mortgages (real estate pledges)" (as amended on December 6, 2011) and according to the rules of § 3 Ch. ... 23 of the Civil Code of the Russian Federation by levying execution on this property by a court decision, regardless of whether the housing is the only one for the mortgagor and his family members. It should be borne in mind that according to paragraphs 1 and 2 of Art. 78 of the Federal Law "On Mortgages (Pledges of Real Estate)", the pledgee's foreclosure on the mortgaged residential house or apartment and the sale of this property serve as the basis for the termination of the right to use the mortgagor and his family members (former family members) living together in this housing. The release of such a residential building or apartment is carried out in accordance with the procedure established by the Federal Law (Article 35 of the LC).

The specifics of foreclosure on housing that is in a mortgage are determined in accordance with the Federal Law of December 30, 2004 N 214-FZ "On participation in the shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation" (as revised by No. from 30.11.2011).

The list of ordinary household items and household items, as well as luxury items (paragraph 4 of part 1 of article 446 of the Code of Civil Procedure of the Russian Federation) is not specified in the law. Therefore, the assignment of certain items to the specified compositions is given at the discretion of the bailiff, executing the collection. However, the implementation of this right by the bailiff-executor does not exclude the possibility of judicial control at the request of interested persons in enforcement proceedings in accordance with Art. 121, 128 FZ "On enforcement proceedings". The court, upon the application of the debtor or the claimant, determines which of the described disputed items can be attributed to luxury goods, and which items are items of ordinary home furnishings and use.

Clarification of these circumstances is required, in particular, when applying certain provisions of the Tax Code. So, in accordance with sub. 4 p. 5 art. 48 of the Tax Code of the Russian Federation, the collection of taxes, fees, penalties and fines is not allowed at the expense of property intended for everyday personal use by the taxpayer or his family members.

The collection on prizes and state awards, which was awarded to the debtor citizen, cannot be applied regardless of whether they contain precious metals or stones.

Here is one of the examples of judicial practice related to the application of Art. 446 Code of Civil Procedure.

Sh. Went to court with a claim to invalidate the auction, as a result of which the part of the house belonging to him was sold to L., referring to the fact that this transaction was made in violation of the law. L. objected to the claim and declared the application of the limitation period. The court dismissed the claim. Disagreeing with the court's decision, Sh. Challenged it on appeal. Having checked the materials of the case, having discussed the arguments of the cassation appeal, the panel of judges came to the conclusion that the decision of the court should be canceled, taking into account the following. On the basis of the decision of the Narofominsk city court of 31.07.1998, alimony was recovered from Sh. In favor of R. for the maintenance of his son A., born in 1997. By the order of the bailiff-executor dated 05.11.2002, the property was seized - 1/4 of the share of the house 20, st. 1 Zaprudnaya, pos. Nemchinovka, Odintsovo district, owned by Sh. On the right of personal property. On January 17, 2003, an act of inventory and seizure of the specified property of the debtor was drawn up. This property was put up for auction, and according to the protocol on the results of the auction, L. became the winner of the auction. to invalidate the auction. The court also indicated in the decision that the plaintiff missed the statute of limitations.

However, one cannot agree with this conclusion of the court. When applying the limitation period, the court referred to the fact that this transaction was voidable, but did not take into account the requirements of Art. 446 of the Code of Civil Procedure of the Russian Federation, according to which the collection under executive documents cannot be levied on property belonging to the debtor by right of ownership - residential premises or part of it, if it is the only and permanent place of residence of the debtor. From the materials of the case it is clear that 1/4 of the house 20, owned by Sh. On the right of personal property, is his only and permanent place of residence. In such circumstances, it is necessary to apply the legal provision relating to void transactions in respect of which the statute of limitations is established, provided for in Art. 181 of the Civil Code of the Russian Federation, while the court must take into account the requirements of Art. 204 of the Civil Code of the Russian Federation, since Sh. Had previously applied to the court with a similar claim and the decision of the Odintsovo City Court dated November 30, 2005, the case was left without consideration (Definition of the Judicial Collegium for Civil Cases of the Moscow Regional Court dated June 08, 2006 N).

2. When applying the blanket norm contained in Part 2 of Art. 446 of the Code of Civil Procedure of the Russian Federation, it should be borne in mind that certain Federal Laws establish restrictions on the foreclosure of the property of organizations. For example, as follows from clause 7 of Art. 37 FZ of 08.12.1995 N 193-FZ "On agricultural cooperation" (as amended on 03.12.2011), collection of the debts of the cooperative cannot be levied on the property belonging to it, with the exception of property assigned in accordance with the established procedure to indivisible funds, working horses and livestock, productive and pedigree livestock and poultry, animals kept for growing and fattening, agricultural machinery and vehicles (except for cars), seed and fodder funds.

Thus, the agricultural production cooperative (SEC) "G", which is the legal successor of SEC "T", filed a complaint against the actions of the bailiff-executor of subdivision No. SEC "G", contrary to the requirements of paragraph 7 of Art. 37 Federal Law "On Agricultural Cooperation". The applicant asked to declare the actions of the bailiff-executor illegal and oblige the bailiff service to exclude from the inventory of property: rye crop 2001 in the amount of 40 tons, cattle (heifer born 1998, 1999, 2000) in the amount of 46 heads, rough fodder harvest 2001 in the amount of 50 tons. The court satisfied the complaint, ruling: to exclude from the act of inventory and seizure of property SPK "G" from 22.08.2001 young cattle in the amount of 44 heads worth rubles. In a private complaint, the claimant for enforcement proceedings - the seed station raised the issue of canceling the court ruling in terms of the satisfied requirements of SEC “G”. The Judicial Collegium of the Ryazan Regional Court in its Ruling of 10.04.2002 N came to the conclusion that the complaint of the seed station is not subject to satisfaction. By virtue of Art. 46, 58 of the Federal Law "On Enforcement Proceedings", the collection under enforcement documents is applied primarily to the debtor's funds. If he does not have sufficient funds to meet the claims of the recoverer, the foreclosure is applied to other property belonging to the debtor, with the exception of property, which, in accordance with the Federal Law, cannot be foreclosed. According to clause 7 of Art. 37 of the Federal Law "On Agricultural Cooperation", the collection of the debts of the cooperative in the absence of funds sufficient to pay off the debt, can be applied to the property belonging to it, with the exception of property assigned in the prescribed manner to indivisible funds, workhorses and livestock, productive and pedigree livestock and poultry, agricultural machinery and vehicles (except for cars), seed and fodder funds. As follows from the case materials and established by the court, along with other property of the debtor SEC "G", the bailiff included in the act of inventory and seizure of his property dated 08.22.2001 young cattle, which is part of the indivisible fund of SEC "G", that contradicts the above-mentioned provisions of the law. In such circumstances, the court reasonably excluded from the act of inventory and seizure of property from 22. 08. Heads of young animals belonging to the debtor - SEC "G" (Determination of the Ryazan Regional Court of 10.04.2002 N).

Restrictions on levying execution on the property of organizations are also provided for by the following rules:

a) clause 5 of Art. 21 FZ of 26.09.1997 N 125-FZ "On freedom of conscience and on religious associations", according to which the collection cannot be levied on movable and immovable property for religious purposes according to claims of creditors;

b) in accordance with Part 4 of Art. 69 of the Federal Law "On Enforcement Proceedings", collection cannot be levied on property withdrawn from circulation. Property that is not allowed to be in circulation is recognized as withdrawn from circulation. The types of such objects are specified in the law. For example, Art. 58 of the Federal Law "On Environmental Protection" classifies specially protected natural areas as objects withdrawn from circulation: state nature reserves and other specially protected areas, natural objects that form a nature reserve fund.

For the property of organizations, which cannot be foreclosed, see also:

P. 12 Art. 13.2 FZ of November 29, 2001 N 156-FZ "On Investment Funds" (as amended on December 3, 2011);

Art. 18, 23 ФЗ dated 07.05.1998 N 75-ФЗ "On non-state pension funds" (as amended on 03.12.2012);

Item 3, Art. 12 ФЗ dated 01.12.2007 N 317-ФЗ "On the State Atomic Energy Corporation" Rosatom ".

3. According to Art. 3 ФЗ dated 09.02.2009 N 3-ФЗ h. 3 art. 446 of the Code of Civil Procedure of the Russian Federation became invalid on January 1, 2010 due to the abolition of the electoral deposit during the elections.

Established by Art. 446 of the Code of Civil Procedure of the Russian Federation, the list of property is exhaustive and is not subject to broad interpretation. This list applies both to property in the personal ownership of the debtor and to property that is a share of the debtor in common property, which, in particular, follows from the provisions of the Civil Code of the Russian Federation, which provide for the possibility of foreclosure on the share of the debtor in the property of a number of legal entities. , for example, a full partnership (Art. 80), limited partnership (Art. 82), a production cooperative (Art. 111).

Another commentary on Art. 446 of the Civil Procedure Code of the Russian Federation

1. The commented article defines a list of property that cannot be foreclosed - property immunity from foreclosure (enforcement immunity).

In accordance with the commented article, execution cannot be levied on the executive documents on an exhaustive list of types of property owned by the debtor citizen by right of ownership.

The list of property of organizations on which execution cannot be levied under executive documents is determined by federal law.

2. The determination of whether a particular property belongs to property on which a claim can be levied, or whether it is protected by immunity, is carried out by the bailiff-executor in the process of executing the corresponding decision on the executive documents available in the case, and in case of a dispute - by the court (see. also Resolution of the Constitutional Court of the Russian Federation of July 12, 2007 N 10-P "In the case of checking the constitutionality of the provisions of the third paragraph of the first part of Article 446 of the Civil Procedure Code of the Russian Federation in connection with the complaints of citizens V.V. Bezmenov and N.V. Kalabun"<1>).

<1>SZ RF. 2007. N 30. Art. 3988.

© New edition of the Civil Procedure Code of the Russian Federation with Comments to the Articles. Latest changes, news and amendments to the Code of Civil Procedure of Russia for 2017.