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In order to ensure the right and uniform application by the courts of the provisions of the Civil Procedure Code Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation) and the Arbitration Procedure Code of the Russian Federation (hereinafter - the APC RF) on the ordinary production of the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal Constitutional Law of February 5, 2014 No. 3-FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications to the courts.

General. Requirements in order of ordinary production

1. Judicial order - a court order (judicial act) issued on the basis of an application for recovery monetary sums or about recovery movable property From the debtor according to the requirements provided for in Article 122 of the Code of Civil Procedure of the Russian Federation, and on the basis of an application for the recovery of monetary amounts for the requirements provided for in Article 229.2 of the APC RF.

These requirements are considered only in order of ordinary production (chapter 11 of the Code of Civil Procedure of the Russian Federation and Chapter 29.1 of the APC RF), in connection with which the submission of the statement (statements) containing the requirements to be considered in order of ordinary production entails the return of the claim (statement) (paragraph 1.1 of the first part of Article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 2.1 of Article 129 of the APC RF).

2. With a statement on the submission (on issuance) of a court order (hereinafter referred to as a statement of a court order) according to the requirements considered in order of ordinary production, citizens have the right to apply - individuals and individual entrepreneurs, organizations, government bodies, local governments, other bodies and organizations. On the basis of Article 45 of the Code of Civil Procedure of the Russian Federation, a prosecutor has the right to apply for the issuance of a judicial order to the magistrate.

3. The requirements considered in order of ordinary production should be indisputable.

The requirements confirmed by written evidence are indisputable, the accuracy of which is no doubt, as well as recognized by the debtor.

4. Based on paragraph 1 of Article 229.2 of the APC of the Russian Federation, the demand of the recoverer should be considered as recognized by the debtor if disagreement with the stated requirement and substantiating evidence does not follow the documents submitted to the court.

The disagreement of the debtor with the claimed requirement may indicate that the application received from the moment of submission to the court on the issuance of a court order and before the transfer of the debtor's objection to the reality of the transaction from which the requirement has arisen, as well as the size of the stated requirements.

5. Under the money that is subject to recovery in order of ordinary production is understood to be the amount of the principal debt, as well as accrued on the basis of a federal law or the amount of interest and penalties (fine, penalty), the amount of mandatory payments and sanctions, the total size of which at the time of filing The statements about the issuance of a court order should not exceed: five hundred thousand rubles - according to the statements considered by the global judges, including statements about the recovery of movable property from the debtor (part of the first article 121 of the Code of Civil Procedure of the Russian Federation), four hundred thousand rubles and one hundred thousand rubles - according to the statements considered by arbitration courts (paragraphs 1 - 3 of Article 229.2 of the APC RF).

The amount of the monetary amount specified in the application for the issuance of a court order should be determined in a solid monetary amount and is not subject to recalculation at the date of issuance of a judicial order, as well as the actual execution of the monetary obligation.

6. If the claimed requirement is addressed to several persons who are solidarial debtors (for example, to a borrower and guarantor credit Treaty), or in one statement filed by the recoverer, states several requirements (for example, to recover the amount of the principal and penalties), judicial order It may be brought by a global judge, an arbitration court, if the total amount of the stated requirements does not exceed the limits established by Article 121 of the Code of Civil Procedure of the Russian Federation and Article 229.2 of the APC RF.

Upon presentation of a claim based on the obligation in which equity debtors participate (for example, residential co-owners or non-residential premises), the size of the requirements for each of these debtors should not exceed the established article 121 of the Code of Civil Procedure of the Russian Federation and Article 229.2 of the APC of the RF limit. For each of the equity debtors, a separate application is submitted on the issuance of a court order, a separate judicial order is made.

7. According to the requirements arising from civil legal relations, the adoption of mandatory measures for the recoverer and debtor pre-trial settlementstipulated by Part 5 of Article 4 of the APC RF, before appealing to the arbitration court, a statement about the issuance of a judicial order is not required.

The rules of part 5 of article 4 of the APC of the Russian Federation are not applied when contacting an arbitration court with a claim (statement) after the cancellation of the court order by the Arbitration Court.

8. Based on general rules The delimitation of the subject competence of the magistrate and the arbitration court for consideration of the application for the issuance of a court order The question of what the court is subject to consideration to such a statement is solved with the subject of the subject's participants and the nature of the legal relations, unless otherwise provided by law (chapter 3 of the Code of Civil Procedure of the Russian Federation, chapter 4 APK RF).

9. According to the requirements based on the perfect notary protest of the bill of exchange in the default, Neakcept and the absence of acceptance, the court order may be issued by the world judge, as well as the arbitral tribunal, taking into account the provisions of paragraph of the fourth article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of Article 229.2 of the APC RF, Article 5 Federal Law On March 11, 1997 No. 48-FZ "On the transfer and simple bill."

10. In order of ordinary production, arbitration courts consider the requirements for the recovery of mandatory payments and sanctions (paragraph 3 of Article 229.2 of the APC RF). If results tax audit The tax authority was held, the objection of paragraph 6 of article 100, paragraphs 1-6.1 of Article 101, paragraphs 5-7 of Article 101.4 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) did not indicate the impossibility of consideration of the requirements stated by the tax authority on the basis of the specified decision, in order of ordinary production.

At the same time, appealing the debtor's decision of the tax authority (territorial bodies Pension Fund Russian Federation and (or) Fund social insurance Russian Federation) in higher organ It is an obstacle to the issuance of a judicial order, regardless of the results of the consideration of the complaint with a higher authority.

11. The World Judge, the Arbitration Court issues a judicial order at the request to recover the debt, including the payment of non-residential premises and communal servicesbased on the contract based on the interrelated provisions of paragraph 1 of Article 290 Civil Code Of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), Article 153, Article 158 of the Housing Code of the Russian Federation, paragraphs of the third and tenth Article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC RF.

Taking into account paragraph 1 of article 44 of the Federal Law of July 7, 2003 No. 126-ФЗ "On Communications" in relation to paragraphs of the third and tenth of Article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC of the Russian Federation, the judicial order is also issued by the World Judge, an arbitration court at the request of Payment for other types of communication in addition to telephone (for example, telematics communication services).

Based on the provisions of the paragraph of the eleventh article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC of the Russian Federation, the court order is issued by the Justice of the Arbitration Court in case the requirement for the recovery of mandatory payments and contributions, including members of consumer cooperatives, as well as from real estate owners (subparagraphs 1 and 4 of paragraph 3 of Article 50 of the Civil Code of the Russian Federation), related, for example, with payment of the costs of maintenance and the current repair of common property in apartment house And the payment of utilities.

In relation to the above requirements, as well as to the requirements provided for in paragraph 1 of Article 229.2 of the APC RF, the presence of contractual relations between the challenger and the debtor can be confirmed not only by the written agreement compiled in the form of one document signed by the Parties, but also other documents confirming the availability of Obligations, and provided that the court has no doubt about the absence of a dispute about the right.

12. Not subject to consideration in order of ordinary production, in particular, the requirements for damages caused by failure to fulfill (inappropriate execution) of the contract, on compensation for moral damage, to terminate the contract, on the recognition of the transaction invalid.

To cases of attracting administrative responsibility (§ 1 of chapters 25 of the APC RF), the provisions of Chapter 29.1 of the APC of the Russian Federation on ordinary production are not applicable.

By virtue of paragraph of the second paragraph 1 of Article 63, paragraph of the second paragraph 1 of Article 81, paragraph of the eighth of paragraph 1 of Article 94, paragraph of seventh paragraph 1 of Article 126, paragraph of the third paragraph 2 of Article 213.11, paragraphs of the second and third paragraph 1 of Article 213.19 of the Federal Law of October 26 2002 No. 127-FZ "On Insolvency (Bankruptcy)" (hereinafter - bankruptcy law) from the date of the introduction of observation, financial rehabilitation, external management, making decisions on the recognition of the debtor bankrupt and opening competitive production or introducing the implementation of the property of a citizen, from the date of the introduction of the procedure for restructuring the debts of a citizen and the approval of the arbitration court of a plan for the restructuring of the citizen's debts of creditors monetary obligations And the requirements for the payment of mandatory payments, with the exception of current payments, can be presented only within the framework of bankruptcy in the order of articles 71 or 100 of the Bankruptcy Law and cannot be considered in order of ordinary production.

Order of ordinary production

13. When applying for a judicial order is submitted to the application of the rules of the general territorial jurisdiction. Taking into account the provisions of the heads 3 and 11 of the Code of Civil Procedure of the Russian Federation, § 2 of chapters 4, chapters 29.1 of the APC of the Russian Federation when applying for the issuance of a judicial order is also subject to the application for the need for the choice of the plaintiff in lawsuage (Article 29 of the Code of Civil Procedure of the Russian Federation, article 36 of the APC RF) and Contractability (Article 32 Code of Civil Procedure of the Russian Federation, Article 37 of the APC RF). These rules are applied in the event that the concerning parties are determined only by the claim.

14. An indication of the authority of the right of the representative for the signing of the claim (statement) and its submission to court also means that he has the right to sign and submit an application for the issuance of a court order (Article 54, part of the third article 124 of the Code of Civil Procedure of the Russian Federation, part 2 of Article 62, Part 3 of Article 229.3 APC RF).

15. The application for the issuance of a judicial order must contain mandatory informationreferred to in Article 124 Code of Civil Procedure of the Russian Federation, Article 229.3 of the APC RF.

The recoverer is obliged to apply to the application for the issuance of the judicial order, the documents specified in paragraphs 1-5, 9 of part 1 of Article 126 of the APC RF (part 5 of article 3 of the APC RF).

In the rationale for the recovery of monetary amounts, as well as the applicant's refinement of movable property, documents confirming the existing obligation and the occurrence of its execution (for example, an agreement or a receipt) should be presented.

In justifying the application for the recovery of mandatory payments and sanctions tax authority Must submit a requirement to pay tax (Articles 69, 70 of the Tax Code of the Russian Federation).

Moreover, judicial recovery Mandatory payments and sanctions can be carried out by the tax authority who missed the deadlines for extrajudicial penalties (paragraph 3 of Article 46, paragraph 1 of Article 47 of the Tax Code of the Russian Federation). In these cases, the tax authority should point out this circumstance in a statement about the issuance of a court order.

16. When applying the provisions of part 4 of Article 229.3 of the APC RF, it should be borne in mind that copies of the application for the issuance of a court order and the documents attached to it are sent to the debtor to the debtor in the manner prescribed to the plaintiff to other persons participating in the case, copies of the claim and attached to it. documents (part 3 of Article 125, paragraph 1 of part 1 of article 126 of the APC RF).

17. The application for the issuance of a judicial order is attached to the document confirming the payment of state duty in the prescribed manner and the amount, or a document confirming the right of the recoverer to receive benefits for the payment of state duty (Article 89, part of the second article 123, paragraph three of article 132 of the Code of Civil Procedure of the Russian Federation, Article 105, Part 4 of Article 229.3 APC RF, Article 333.36 and 333.37 of the Tax Code of the Russian Federation).

Together with the application for the issuance of a judicial order, a petition may be submitted to the provision of delay, installments, on the decrease in the size of the state duty, on exemption from its payment (Article 89, 90 Code of Civil Procedure of the Russian Federation, paragraph 2 of Part 1 of Article 126 of the APC RF, paragraph 2 of Article 333.20, Clause 2 of Article 333.22 of the Tax Code of the Russian Federation).

On the satisfaction of such a petition, the court indicates in the court order. In case of refusal to satisfy the application for the provision of delay, installments, on the decrease in the amount of state duty, on the release of its payment by the court, the definition of the return of the application for the issuance of a court order (paragraph 3 of part 1 of article 229.4 of the APC RF, part of the fourth Article 1 of the Code of Civil Procedure of the Russian Federation) .

18. Given that the application for the issuance of a court order and the documents attached to such a statement may be submitted to the court in in electronic format, including in the form of an electronic document signed electronic signature In the manner prescribed by the legislation of the Russian Federation, by filling out the form posted on the official website of the Court in the Internet Information and Telecommunications Network (Part 1.1 of Article 3, Part One.1 Article 35, part of the first article 124 Code of Civil Procedure of the Russian Federation, Part 7 of the article 4, part 1 of article 41, part 1 of article 229.3 APC RF), the person is entitled to send documents translated into electronic form using scanning tools (electronic images of documents), and (or) documents created in electronic form Without prior documentation on paper, signed by electronic signature in the manner prescribed by the legislation of the Russian Federation (electronic documents).

Submitting an application for the issuance of the judicial order and the documents attached to it by sending electronic images of documents under the rules for submitting documents in electronic form applicable to the courts. At the same time, it should be borne in mind that the study of the statement of the judicial order set forth in a directional recoverer on the issuance of a judicial order and attached to it, as well as the issuance of a judicial order is carried out without a challenger and a debtor and without a court proceedings (Article 126 of the Code of Civil Procedure of the Russian Federation, part 2 of the article 229.5 APC RF).

The judge checks the application for the issuance of a judicial order for compliance with the requirements for its form and content (article 124 of the Code of Civil Procedure of the Russian Federation, article 229.3 of the APC RF). If the judge has doubts about the content of the information specified in the document presented in the form of an electronic image, including if such a document is certified by a strengthened qualified electronic signature (for example, there are no individual pages, part of the document are unreadable), the application for the issuance of judicial The order is subject to return (part of the first article 125 Code of Civil Procedure of the Russian Federation, part 1 of article 229.4 of the APC RF).

If the application for the issuance of the judicial order and the documents attached to it are submitted in the form of electronic documents signed by a strengthened qualified electronic signature, such documents are recognized by documents equivalent to documents on paper, signed by their own signature (Article 6 of the Federal Law of April 6, 2011 No. 63- FZ "On electronic signature").

19. When considering a statement on the issuance of a judicial order of the Movie Judge, the Arbitration Court makes one of the following court decrees (judicial acts): judicial order, the definition of the return of the application for the issuance of a court order, the definition of refusal to accept the application for the issuance of a court order.

The application for the issuance of a judicial order is not subject to leaving without movement, leaving without consideration, ordinar production cannot be discontinued (part 7 of article 229.5 of the APC RF, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation). According to the application for the issuance of a judicial order, a definition of a refusal to issue a court order cannot be submitted.

20. The world judge, the Arbitration Court returns an application for the issuance of a court order on the basis of part of the first article 125 of the Code of Civil Procedure of the Russian Federation, part 1 of article 229.4 of the APC RF, including in cases:

1) if the application is rejected on the provision of delay, installments, on the decrease in the amount of state duty, on exemption from its payment;

2) if the requirements of the charter arise from non-fulfillment or improper execution of several contracts, with the exception of requirements for solidarial debtors, for example, to the main debtor and guarantors;

3) if the application for the issuance of a judicial order contains requirements for several debtors whose obligations are equity;

4) if the amount specified by the recoverer, more sumconfirmed by the attached documents;

5) If circumstances are revealed, which are grounds for leaving the claim (statement) without consideration (paragraphs of the second - sixth article 222, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, paragraphs 1, 4-7 of part 1 of article 148, part 5 of article 3 of the APC RF) .

Returning by the World Judge, an arbitration court of an application for the issuance of a court order on the grounds specified in the first part of Article 125 of the Code of Civil Procedure of the Russian Federation, part 1 of article 229.4 of the APC RF, does not interfere with the reapplies with the same application subject to the elimination of the shortcomings that served to return the application (part Second article 125 Code of Civil Procedure of the Russian Federation, part 2 of Article 229.4 of the APC RF).

The definition of the application for the issuance of a judicial order is subject to the definition.

21. The World Judge, the Arbitration Court refuses to accept the application for the issuance of a court order on the basis of part of the third article 125 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 229.4 of the APC RF, including in cases:

1) if the amount of the claimed requirement is either total amount several requirements specified in one statement exceeds the established limits;

2) if, along with the requirements provided for in Article 122 of the Code of Civil Procedure of the Russian Federation, Article 229.2 of the APC RF (for example, the recovery of debt), other requirements not provided for in these articles (for example, to terminate the contract, recovery of non-pecuniary damage);

3) if the statement on the issuance of a court order and the documents attached to it are affected by the rights and legitimate interests other than the recoverer and the debtor of individuals. The presence of solidarity, equity debtors or other persons providing the provision, the requirements for which are not presented in the application for the issuance of a court order, is not a basis for refusing to adopt such an application;

4) If circumstances are revealed, which are the grounds for termination of the proceedings (Article 220, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, Article 150, Part 5 of Article 3 of the APC RF).

Refusal to accept the application for the issuance of a judicial order by the global judge, the arbitration court on the grounds specified in the third part of Article 125 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 229.4 of the APC RF, prevents the re-applying with the same application for the issuance of a court order (part of the third article 134 Code of Civil Procedure of the Russian Federation , Part 4 of Article 127.1 of the APC RF). In these cases, the person is entitled to apply to the court in the order of claim or production of cases arising from administrative and other public relations, indicating that the application for the issuance of a court order is denied.

The refusal to accept the application for the issuance of the judicial order is subject to the definition.

22. Determination of the return of the application for the issuance of a judicial order, the definition of a refusal to accept the application for the extradition of a court order can be appealed in the manner provided for in Article 331 of the Code of Civil Procedure of the Russian Federation, Article 188 of the APC RF. At the same time, a complaint on the definition of the magistrate, the arbitral tribunal can be filed within fifteen days from the date of this definition (article 332 of the Code of Civil Procedure of the Russian Federation, part 5 of article 3 of the APC RF).

Based on the features of ordinary production as one of the forms of simplified production of a complaint to determine about the return of the application for the issuance of a court order, determining the refusal to accept the application for the issuance of a court order are considered by the appellate court solely without challenge the debtor and the debtor (part of the third article 7, part of the first Articles 335.1, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, part 1 of article 272.1, part 5 of article 3 of the APC RF).

A complaint to the definition of the return of the application for the issuance of a court order, the definition of a refusal to accept the application for the issuance of a court order is considered by the appellate court on time not exceeding fifteen days from the date of receipt of such a complaint to the court of appeal (part 3 of Article 272, part 5 of the article 3 APC RF, part four of Article 1 of the Code of Civil Procedure of the Russian Federation).

23. The grounds for the return of the statement on the issuance of a court order or to refuse to adopt to be detected by the World Judge, the Arbitration Court for three days from the date of receipt of the application for the magistrate, to the Arbitration Court (part of the fourth article 125 of the Code of Civil Procedure of the Russian Federation, part 4 of Article 229.4 APK RF).

The expiration of the specified period does not deprive the right of the right to make the definition of the return of the application for the issuance of a court order or the definition of a refusal to adopt it when identifying grounds that impede the issuance of a court order, including in connection with the admission of a request from the recoverer to return the application for the issuance of a court order ( Parts are the first and third of Article 125 of the Code of Civil Procedure of the Russian Federation, part 1 and 3 of Article 229.4 of the APC RF).

24. The judicial order is made according to the declared requirements of the world judge within five days, the Arbitration Court for ten days without a trial and without a call to the parties (Article 126 of the Code of Civil Procedure of the Russian Federation, part 2 of Article 229.5 of the APC RF).

In order production, additional documents are not allowed, attracting participation in third parties, a challenge of witnesses, experts, specialists, translators, etc.

25. The expiration of the deadlines of limitation According to the declared civil law, as well as the presentation of the claim early return The amounts of debt, not connected with a statement on the termination of such a contract, is not an obstacle to the issuance of a court order.

When considering an application for the issuance of a judicial order, the court is not entitled to reduce the amount of the penalty on the basis of Article 333 of the Civil Code of the Russian Federation.

The debtor is entitled to refer to the expiration of the statue of the limitation, on disagreement with the early return of the amount of debt, as well as for the presence of grounds for reducing the amount of the penalty (fine, penalties) in objections regarding the execution of a court order, which in this case is subject to cancellation of the world judge, an arbitration court ( Article 129 Code of Civil Procedure of the Russian Federation, Part 4 of Article 229.5 APC RF).

26. The expiration of the deadlines for the judicial recovery of mandatory payments and sanctions, in particular the period established in paragraph 3 of Article 46, paragraph 1 of Article 47, paragraph 2 of Article 48, paragraph 1 of Article 115 of the Tax Code of the Russian Federation, is an obstacle to the issuance of a court order (paragraph 3 of the Article 229.2, Chapter 26 APC RF). At the specified case, the arbitration court refuses to accept the application for the issuance of a court order (paragraph 3 of part 3 of Article 229.4 of the APC RF).

27. The use of the global judge, the arbitration court of security measures during the order of ordinary production (part 7 of article 229.5 of the APC RF, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation).

28. The judicial order is manufactured by the global judge in two copies on paper. The instance of this court order can be additionally implemented in the form of an electronic document (part of the first article 13, part of the third article 127 of the Code of Civil Procedure of the Russian Federation).

The arbitration court simultaneously with the manufacture of a court order in the form of an electronic document is made by two copies of the court order on paper (part 3 of Article 229.5 of the APC RF).

The first copy of the judicial order on paper is attached to the materials of ordinary production, the second copy remains in the materials of the order-in-law prior to the expiration of the term for submission to the debtor about the execution of the court order (article 129 of the Code of Civil Procedure of the Russian Federation, part 6 of article 229.5 of the APC RF).

If the global judge, the arbitration court satisfied the stated requirements for several debtors, the number of copies of judicial orders are increasing by the number of debtors.

A copy of (copies) of a court order on paper is sent to the debtor (debtors) by an arbitration court within five days from the date of its expansion (part 3 of Article 229.5 of the APC RF). By virtue of the part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, this rule is subject to the use of the Justice.

In case of non-submission of the debtor of objections in set time The second copy of the judicial order that has joined legal force, the stamp is assigned and sent by the recovery by a registered letter with a notice of the presentation, if the recovery did not receive a request for the issuance of a court order to him either on the direction of the court order for execution on paper or in the form of an electronic document (part of the first article 130 Code of Civil Procedure of the Russian Federation, Part 6 of Article 229.5 APC RF).

During the direction of a court order for execution in the form of an electronic document, as well as with the abolition of a judicial order in connection with the objections received from the debtor, the second copy of the proceeding gerban printing is not certified, the recoverer is not issued, but attacked the materials of the order.

29. Rules of Article 177 of the APC of the Russian Federation on the direction of court decision to persons participating in the case, through its placement on the official website of the Arbitration Court in the Internet Information and Telecommunications Network in limited access, are not applied by arbitration courts in order production, since the judicial order is sent to the recoverer on paper.

30. The debtor is considered to have received a copy of the court order if the world judge, the Arbitration Court has evidence of the presentation of a copy of the court order sent by the registered letter with a notice of delivery (part of the first article 113 of the Code of Civil Procedure of the Russian Federation, part 1 of article 122 of the APC RF), and In cases indicated in parts of the second-fourth article 116 of the Code of Civil Procedure of the Russian Federation, in parts of 2-5 of article 123 of the APC RF. Citizen, individual entrepreneur or entity The risk of non-treatment of a copy of the court order in circumstances depends on them is carried.

31. The judicial order is subject to the abolition of the world judge, an arbitration court, if an objection has taken from the debtor during its ten-day period. Such objections can only contain an indication of the disagreement of the debtor with the submitted court order (article 129 of the Code of Civil Procedure of the Russian Federation, part 4 of article 229.5 of the APC RF).

The cancellation of the judicial order is made a definition that is not subject to appeal.

32. The beginning of a ten-day period for the application by the debtor of objections to the execution of a court order (Article 128 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 229.5 of the APC RF) shall be calculated from the date of receipt by the debtor, a copy of the court order on paper or from the date of the expiration of the storage period of the judicial postal correspondence established by the organizations Postal service (for example, FSUE "Post of Russia" has been established a seven-day storage period for postal correspondence).

The storage period for postal correspondence is calculated from the date of arrival of the forensic postage in the place of delivery - the postage of the postal service of the location of the debtor.

The date of arrival of the judicial mailing to the place of delivery is determined by the postage stamp or on the tracking system of the recorded postal correspondence on the official website of the FSUE "Mail of Russia".

The departure tracking report is printed and attached to the materials of the order.

33. In the event of a ten-day term for presenting objections to the execution of the court order, the debtor has the right to imagine objections to the execution of a court order and beyond the specified period, substantiates the impossibility of submitting objections within the prescribed period for reasons that does not depend on it (Part 5 of Article 229.5 of the APC RF) . By virtue of the part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, the debtor's objection regarding the execution of a court order can also be represented by the world judge outside the established period.

It should be borne in mind that the circumstances indicated by the applicant as the reasons to prevent the timely representation of objections may be taken into account if they existed during the period established for the submission of objections, and objections were sent to the court no later than ten days from The moment of termination of these circumstances.

For such circumstances, as for the basis for the adoption of a judge, the debtor's objections is indicated in determining the abolition of a court order.

34. To the objections of the debtor, aimed outside the established period, documents must be attached confirming the impossibility of submission of objections within the prescribed period for reasons that do not depend on the debtor.

Such evidences may include documents that refute the information from the official website of the Federal State Unitary Enterprise "Post of Russia", which was adopted by the Justice of the Judge, an arbitration court as evidence that the debtor can be considered a copy of the court order; Documents confirming the non-receipt by the debtor's copy of the court order in connection with the violation of the rules for the delivery of postal correspondence; Documents confirming the non-receipt by the debtor-citizen's copy of the court order in connection with its absence at the place of residence, including due to illness, staying on a business trip, vacation, due to the move to another place of residence, etc.

35. Cancellation of the judicial order is an independent basis for turning the execution of a court order if at the time of filing an application for the turning of the execution of a court order or with its consideration by the court did not initiate a proceedings on the basis of the claim submitted by the claimant (article 443 of the Code of Civil Procedure of the Russian Federation, Article 325 of the APC RF ).

The question of turning the execution of a court order is considered by the world judge, an arbitration court in the manner provided for in Article 444 of the Code of Civil Procedure of the Russian Federation and Article 326 of the APC RF.

36. In case of returning a statement about the issuance of a court order, the refusal of its adoption paid state duty is subject to return to the recoverer in the manner prescribed Tax Code Russian Federation.

In the event of an appeal with a claim (statement), the paid state duty may be credited to the state duty to pay for the submission of the claim (statement) (subparagraph 13 of paragraph 1 of Article 333.20, subparagraph 7 of paragraph 1 of Article 333.22 of the Tax Code of the Russian Federation).

37. Since the judicial order is made by the Justice of the Arbitration Court without calling the recoverer and the debtor, the correction of the bugs admitted to the judicial order, typos, arithmetic errors that do not change its content is also carried out without calling the indicated persons (part of the second article 126 Code of Civil Procedure of the Russian Federation, part 2 Articles 229.5 APC RF). The definition of correction, typos, arithmetic errors can be appealed simultaneously with the court order (part of the first article 376, part of the first article 386.1 Code of Civil Procedure of the Russian Federation, Part 11 of Article 229.5, part 1 of article 288.1 APC RF).

Execution of a judicial order

38. For compulsory execution of the court order issuance executive Sheet not required because the judicial order is at the same time executive document and is executed in the manner prescribed for execution court decisions (Part Two Article 121, part of the first article 130 Code of Civil Procedure of the Russian Federation, Part 2 of Article 229.1, Part 6 of Article 229.5 APC RF).

Since the date and place of birth, as well as the place of work of the debtor-citizen, are indicated only if they are known to the recoverer, the lack of such information in the court order is not a reason for making a bailiff of an initiation executive proceedings By virtue of paragraph 4 of part 1 of article 31 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings".

39. The executive list on the recovery of the state duty in the income of the relevant budget on the basis of a court order is issued by the global judge, an arbitration court simultaneously with the issuance of a second copy of the court order certified by the head of the court, to present it to execution (part of the first article 130 Code of Civil Procedure of the Russian Federation, part 6 Articles 229.5 APC RF).

40. The executive list on the recovery of the state duty in the income of the relevant budget on the basis of a court order is sent to the global judge, an arbitration court for execution of the bailiff (part of the second article 130 Code of Civil Procedure of the Russian Federation, part 8 of article 229.5 APC RF).

41. The issuance of the duplicate of the court order and the direction of its execution is made by the global judge according to the rules for issuing a duplicate of the judicial order and the direction of the judicial order for execution (Articles 130 and 430 of the Code of Civil Procedure of the Russian Federation), and the Arbitration Court - according to the rules for issuing a duplicate of the executive list and the direction for execution of the judicial Order (Part 6 of Article 229.5 and Article 323 of the APC RF).

The duplicate of the court order must fully reproduce the lost judicial order, in the upper right corner of which the Duplicate stamp is affixed.

Appealing the court order in the court of cassation

42. A cassation appeal may be filed for a court order (part of the first article 376, part of the first article 386.1 Code of Civil Procedure of the Russian Federation, part 11 of article 229.5, part 1 of article 288.1 APC RF).

A cassation complaint against the judicial order issued by the global judge is filed directly to the court of cassation in the manner provided for in Article 377 Code of Civil Procedure of the Russian Federation.

43. The cassation appeal to the judicial order entered into legal force is considered according to the rules of chapter 41 of the Code of Civil Procedure of the Russian Federation, taking into account the characteristics established by Article 386.1 Code of Civil Procedure of the Russian Federation, chapter 35 of the APC RF taking into account the characteristics established by Article 288.1 of the APC RF. In this regard, the cassation complaint against the court order may be left without the arbitration court (article 280 of the APC RF), returned by the court (article 379.1 of the Code of Civil Procedure of the Russian Federation, Article 281 of the APC RF), production according to the cassation appeal may be terminated by the Arbitration Court (Article 282 of the APC RF), the complaint may be left by the court of general jurisdiction without consideration on the merits (paragraph 6 of the first part of Article 390 of the Code of Civil Procedure of the Russian Federation).

44. If the court order is allowed the issue of the rights and obligations of a person who has not participated in ordered production, such a person (for example, competitive lenders, authorized bodyThe Arbitration Manager) has the right to appeal the judicial order in relation to part of the fourth Article 13 and part of the first article 376 of the Code of Civil Procedure of the Russian Federation, Article 42 and Part 11 of Article 229.5 of the APC RF. So, in case the submitted judicial order entails or may entail an unreasonable increase in accounts payable To the detriment of the competitive mass, the court of cassation instance cancels the court order in relation to article 387 Code of Civil Procedure of the Russian Federation, paragraph 4 of part 4 of article 288 of the APC RF.

Final provisions

45. A statement on the issuance of a court order, a cassation complaint against judicial order is considered by the court in accordance with the provisions of the Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation operating at the time of the court of a separate procedural action, including the adoption of a court order (judicial act) (part of the third article 1 of the Code of Civil Code RF and Part 4 of Article 3 of the APC RF).

46. \u200b\u200bIn connection with the adoption of this resolution, it is not subject to use paragraphs 1-5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 1 of February 5, 1998 "On some issues of applying the Federal Law" On Transfer and Simple bill.

47. When applying the explanations contained in paragraphs 18 and 28 of this Resolution, it is necessary to take into account that the provisions of the Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation in the editors of the Federal Law of June 23, 2016 No. 220-FZ "On Amendments to Selected legislative acts Of the Russian Federation in terms of the application of electronic documents in the activities of the judiciary bodies ", establishing the possibility of submitting documents in electronic form, including in the form of an electronic document signed by an electronic signature in the manner prescribed by the legislation of the Russian Federation and providing for the implementation of judicial decrees (judicial Acts) in the form of an electronic document signed by a strengthened by a qualified electronic signature are applied, taking into account the timing of the entry of these provisions by force and in the presence of a technical capabilities in the courts.

Overview of the document

Explained to apply the norms of the APC RF and Civil Procedure of the Russian Federation on ordinary production.

Considered issues relating to the requirements themselves, which should or cannot be declared in the order of such production.

In particular, in such a manner, the requirements for damages caused by failure to fulfill (inappropriate execution) of the contract are not considered; on compensation of moral damage; on termination of the agreement; On recognition of the transaction is invalid.

Some nuances are disassembled directly about the order of ordinary production, execution of a court order, as well as its appeal in the cassation instance.

It was noted that the application for the issuance of a court order is not subject to leaving without movement or without consideration. It does not endure the definition of a refusal to issue a court order, and the order of ordinary production cannot be discontinued.

During ordinary production, security measures are not accepted.

If a proxy is indicated by the right of the representative to sign and submit a lawsuit, this means that he has similar law and with respect to the application for the issuance of a court order.

A similar statement and documents attached to it may be submitted to the court in electronic form. There are subtleties that need to be considered in this case.

It is explained that it is necessary to take into account when calculating the term for the application by the debtor of objections regarding the execution of the court order.

Objections received from one of the solidarial debtors entail the cancellation of the court order issued in relation to all debtors.

Some instructions are recognized as not to be applied, which were previously given on issues of issuing a judicial order according to the requirements based on bills.

These requirements are considered only in order of ordinary production (chapter 11 of the Code of Civil Procedure of the Russian Federation and Chapter 29.1 of the APC RF), and therefore the submission of the claim (statement) containing the requirements to be considered in order of ordinary production entails the return of the claim (statement) (paragraph 1.1 of the first part of Article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 2.1 of Part 1 of Article 129 of the APC RF).

2. With a statement of making (on issuing) a court order (hereinafter referred to as a statement of a court order) according to the requirements considered in order of ordinary production, citizens are entitled to appeal - individuals and individual entrepreneurs, organizations, public authorities, local authorities, Other bodies and organizations. On the basis of Article 45 of the Code of Civil Procedure of the Russian Federation, a prosecutor has the right to apply for the issuance of a judicial order to the magistrate.

3. The requirements considered in order of ordinary production should be indisputable.

The requirements confirmed by written evidence are indisputable, the accuracy of which is no doubt, as well as recognized by the debtor.

6. If the claimer's claimed requirement is addressed to several persons who are solidarial debtors (for example, to a borrower and a guarantor under a loan agreement), or in one statement filed by the recoverer, several requirements (for example, to recover the amount of principal and penalties), judicial order It may be brought by a global judge, an arbitration court, if the total amount of the stated requirements does not exceed the limits established by Article 121 of the Code of Civil Procedure of the Russian Federation and Article 229.2 of the APC RF.

Upon presentation of a claim based on the obligation, in which the equity debtors are involved (for example, co-owned or non-residential premises), the amount of requirements for each of these debtors should not exceed the established article 121 of the Code of Civil Procedure of the Russian Federation and Article 229.2 of the APC RF limits. For each of the equity debtors, a separate application is submitted on the issuance of a court order, a separate judicial order is made.

7. According to the requirements arising from civil legal relations, adopted by the recoverer and debtor of mandatory measures for the pre-trial settlement, provided for by part 5 of article 4 of the APC RF, before appealing to the arbitration court with a statement about the issuance of a judicial order.

9. According to the requirements based on the perfect notary protest of the bill of exchange in the default, Neakcept and the absence of acceptance, the court order may be issued by the world judge, as well as the arbitral tribunal, taking into account the provisions of paragraph of the fourth article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of Article 229.2 of the APC RF, Article 5 Federal Law of March 11, 1997 N 48-FZ "On the Transferred and Simple Week."

10. In order of ordinary production, arbitration courts consider the requirements for the recovery of mandatory payments and sanctions (paragraph 3 of Article 229.2 of the APC RF). If the tax authority decides on the results of the tax audit, then the objection of paragraph 6 of Article 100, paragraphs 1-6.1 of Article 101, paragraphs 5-7 of Article 101.4 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) indicate the impossibility of consideration of the requirements declared by the tax authority on the basis of this decision, in order of ordinary production.

At the same time, appealing the debtor's decision of the tax authority (the territorial bodies of the Pension Fund of the Russian Federation and (or) the Social Insurance Fund of the Russian Federation) into the higher authority is an obstacle to the issuance of a court order, regardless of the results of consideration of the complaint with a higher authority.

11. The World Judge, the Arbitration Court issues a judicial order at the request of the recovery of debt, including the payment of non-residential premises and utilities based on the contract, based on the interrelated provisions of paragraph 1 of Article 290 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), Article 153, Article 158 of the Housing Code of the Russian Federation, Paragraphs of the Third and Teng Article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC RF.

In justifying the application for the recovery of mandatory payments and sanctions, the tax authority must submit the requirement to pay tax (Articles 69, Tax Code of the Russian Federation).

In addition, the judicial recovery of mandatory payments and sanctions can be carried out by the tax authority who missed the deadlines for extrajudicial recovery (paragraph 3 of Article 46, paragraph 1 of Article 47 of the Tax Code of the Russian Federation). In these cases, the tax authority should point out this circumstance in a statement about the issuance of a court order.

17. The application for the issuance of a court order is attached to the document confirming the payment of state duty in the prescribed manner and the amount, or a document confirming the right of the recoverer to receive benefits for the payment of state duty (, part of the second article 123, paragraph three of article 132 Code of Civil Procedure of the Russian Federation, part 4 Articles 229.3 APC RF, Article 333.36 and 333.37 of the Tax Code of the Russian Federation).

Together with a statement about the issuance of a judicial order, a petition may be filed for the provision of delay, installments, to reduce the size of the state duty, on exemption from its payment (Article 89, Code of Civil Procedure of the Russian Federation, paragraph 2 of part 1 of article 126 of the APC RF, paragraph 2 of Article 333.20, paragraph 2 2 Articles 333.22 of the Tax Code of the Russian Federation).

The judge checks the application for the issuance of a judicial order for compliance with the requirements for its form and content (Code of Civil Procedure of the Russian Federation, the APC RF). If the judge has doubts about the content of the information specified in the document presented in the form of an electronic image, including if such a document is certified by a strengthened qualified electronic signature (for example, there are no individual pages, part of the document are unreadable), the application for the issuance of judicial The order is subject to return (part of the first article 125 Code of Civil Procedure of the Russian Federation, part 1 of article 229.4 of the APC RF).

If the application for issuing a judicial order and the documents attached to it are submitted in the form of electronic documents signed by a strengthened by a qualified electronic signature, such documents are recognized by documents, equivalent documents on paper, signed by their own signature (Federal Law of April 6, 2011 N 63-FZ " About electronic signature ").

1) if the application is rejected on the provision of delay, installments, on the decrease in the amount of state duty, on exemption from its payment;

3) if the application for the issuance of a judicial order contains requirements for several debtors whose obligations are equity;

4) if the amount specified by the recoverer is larger than the amount confirmed by the attached documents;

The definition of the application for the issuance of a judicial order is subject to the definition.

1) if the amount of the claimed requirement is either the total amount of several requirements specified in one statement exceeds the established limits;

The refusal to accept the application for the issuance of the judicial order is subject to the definition.

In order production, additional documents are not allowed, attracting participation in third parties, a challenge of witnesses, experts, specialists, translators, etc.

25. The expiration of the timeline of limitations under the declared civil law, as well as the presentation of the requirements for the early return of the debt amount, not connected with a statement to terminate such a contract is not an obstacle to the issuance of a court order.

If the global judge, the arbitration court satisfied the stated requirements for several debtors, the number of copies of judicial orders are increasing by the number of debtors.

In case of failure to provide a debtor of objections within the deadline, the second copy of the court order, which has entered into force, is assigned to the stamp printing and is sent by the recoverer to the registered letter with a notification of the presentation, if the application did not receive a petition for the issuance of a court order to him or about the direction of the court order Execution on paper or in the form of an electronic document (part of the first article 130 Code of Civil Procedure of the Russian Federation, part 6 of article 229.5 APC RF).

Objections received from one of the solidarial debtors entail the cancellation of the court order issued in relation to all debtors.

The cancellation of the judicial order is made a definition that is not subject to appeal.

32. The beginning of a ten-day period for the application by the debtor of objections to the execution of a court order (Code of Civil Procedure of the Russian Federation, part 3 of Article 229.5 of the APC RF) is calculated from the date of receipt by the debtor, a copy of the court order on paper or from the date of the expiration of the storage of judicial postal correspondence established by postal organizations (For example, FSUE "Mail of Russia" has a seven-day storage period for postal correspondence).

The storage period for postal correspondence is calculated from the date of arrival of the forensic postage in the place of delivery - the postage of the postal service of the location of the debtor.

The departure tracking report is printed and attached to the materials of the order.

For such circumstances, as for the basis for the adoption of a judge, the debtor's objections is indicated in determining the abolition of a court order.

Such evidences may include documents that refute the information from the official website of the Federal State Unitary Enterprise "Post of Russia", which was adopted by the Justice of the Arbitration Court as evidence that the debtor can be considered a copy of the court order; Documents confirming the non-receipt by the debtor's copy of the court order in connection with the violation of the rules for the delivery of postal correspondence; Documents confirming the non-receipt by the debtor-citizen's copy of the court order in connection with its absence at the place of residence, including due to illness, staying on a business trip, vacation, due to the move to another place of residence, etc.

35. Cancellation of the judicial order is an independent basis for turning the execution of a court order if at the time of submitting an application for the turn of the execution of a court order or with its consideration by the court did not initiate the proceedings on the basis of the claim submitted by the recoverer (

What requirements should be considered indisputable, as is calculated maximum size The requirements that can be declared in order of ordinary production when the debtor's objections to the debtor may submit to the expiration of the deadline and what taxpayer's objections will not matter in the court - answers to these and other issues relating to the subtleties of ordinary production in the civil and arbitration process, Gave plenum of the Supreme Court of the Russian Federation in the decision of 27.12.2016 No. 62.

A few months after ordering production began to be applied in arbitration courts, the Plenum of the Armed Forces of the Russian Federation issued an explanation on the application of the provisions of the provisions of the law on order of order (RESOLUTION of 27.12.2017 No. 62, hereinafter referred to. The clarification contained in the decision concerns both civil and the arbitration process.

Constability of the requirement is measured by the lack of doubts from the judge

The requirements considered in order of ordinary production should be indisputable. The plenum of the Russian Armed Forces clarified that the requirements confirmed by written evidence are understood, the accuracy of which is not in doubt, as well as recognized by the debtor (paragraph 3 of the Renuisius). The recognition of the demands of the debtor, in fact, is designed, since "the demand of the recoverer should be considered as recognized by the debtor if disagreement with the stated requirement and substantive evidence does not follow from the documents submitted to the court." The debtor does not agree with the stated requirement, they may indicate its objection on the reality of the transaction from which the requirement has arisen and the size of such requirements. But objections should be done from the moment of submitting a statement to the court for the issuance of a court order and before the submission of such an order (clause 4 of the Resolution).

In a statement about issuing a court order for recovery money A solid amount of money should be specified that is not subject to recalculation on the day of the judicial order or the actual execution (paragraph 5 of the Resolution). If the requirement is presented to several solidarial debtors or several requirements - to one debtor (for example, to recover the amount of the principal debt and penalties), then the total amount of the stated requirements should not exceed the limits established for ordinary production (see table). If the requirement is addressed to the equity debtors (for example, the complicities of the real estate object), then the amount of requirements for each of them should not exceed the maximum size (clause 6 of the Resolution).

In order of ordinary production, the requirements for damages caused by failure to fulfill (inadequate execution) of the contract, on compensation for moral damage, on the termination of the contract, on the recognition of the transaction invalid, on bringing to administrative responsibility (paragraph 12 of the Resolution) is not considered. Also, the Plenum of the Russian Armed Forces clarified that the court should refuse to accept the application for the issuance of a court order, if, along with the requirements that may be considered in order of ordinary production, other requirements not provided for by law are declared, as well as an application for issuing a court order and attached to Documents are affected by the rights and legitimate interests of other, except for the recoverer and debtor, persons. However, the presence of solidarity, equity debtors or other persons providing the provision, the requirements for which are not subject to the application for the issuance of a court order, is not a basis for refusing to adopt such an application (paragraph 21 of the Resolution).

The debtor may present objections to the period

The judicial order is subject to cancellation if within ten days the debtor did objections to its execution. There are no special requirements for such objections, just indications on the disagreement of the debtor with the submitted court order. If the respondents in the case are the solidarity debtors, one of which presented his objections, the order made in respect of all debtors is also subject to cancellation (paragraph 31 of the Resolution).

The ten-day term for the submission of objections is calculated from the date of receipt by the debtor of a paper copy of the court order or from the date of the expiration of the postal correspondence period established by the postal organization (p. 32 of the Resolution). The court may take into account the objections of the debtor, presented with a violation of this period, if the debtor did not have the opportunity to submit objections to the reasons independent of him and the circumstances, which were prevented to submit objections, existed during the period established for the submission of objections, the objections were sent to the court Not later than ten days from the date of termination of these circumstances (paragraph 33 of the Resolution).

Representing your objections in violation of the term, the debtor must attach documents to them confirming the impossibility of submission of objections within the deadline for reasons that do not depend on the debtor. These may include, for example, documents that refute the information on the receipt by the debtor, a copy of the judicial order or confirming the non-receipt by the debtor, a copy of the court order in connection with the violation of the postal correspondence rules (p. 34 of the Resolution).

Skip the term for taxation of taxes eliminates the court order

Unlike the Code of Civil Procedure of the Russian Federation, establishing a single maximum amount of claims permissible in order production (see table), the APC of the Russian Federation provides for two different limits for the requirements arising from standard civil relations, and for the requirements for the recovery of mandatory payments and sanctions. For the latter, the limit size is significantly lower.

When applying for the recovery of mandatory payments and sanctions with the tax authority, it must submit to the requirement to pay the tax. Moreover, to apply with such a statement to the tax authority and then when the term for extrajudicial recovery was missed. This circumstance must be specified in the application for the issuance of a judicial order (paragraph 15 of the Resolution). If we are talking about the passage of the term for a judicial penalty, then such ancient is the basis for the refusal of the court in accepting a statement (paragraph 26 of the Resolution).

As mentioned above, the judicial order can be made only in relation to indisputable requirements and in the absence of objections from the debtor. In paragraph 10 of the decision, it is noted that the objections that the taxpayer represented before the decision of the tax authority on the results of the tax audit, in themselves do not indicate the impossibility of consideration in order of ordering production claimed by the tax authority. At the same time, appealing the debtor's decision of the tax authority (as well as the territorial bodies of the Pension Fund of the Russian Federation and (or) the Social Insurance Fund of the Russian Federation) to the higher authority is an obstacle to the issuance of a court order, regardless of the results of consideration of the complaint with a higher authority.

Requirements for which judicial order can be issued


Creatures of requirements	On the recovery of funds, about the recovery of movable property from the debtor	About the recovery of cash
Extreme Size Requirements	No more than 500,000 rubles.	No more than 400,000 rubles.	No more than 100,000 rubles.
Foundation of requirements	Non-fulfillment (improper performance) of the transaction performed in a notary or simple writing; Perfect notary Protest bills in the default, non-acceptance and notaging acceptance; non-payment of alimony; non-payment of the employee of due funds, as well as interest for their untimely payout; failure to fulfill the responsibilities for compensation for the expenses for the search for the defendant, the debtor or child; Non-fee residential premisesCommunal Services, Services telephone communication; non-payment of mandatory payments and contributions from members of the owners of housing or building cooperative	Non-fulfillment or improper execution of the contract, monetary obligations for which are recognized by the debtor; Perfect notary Protest bills in the default, non-acceptance and notaging acceptance	Non-payment of mandatory payments and sanctions

Plenum of the Supreme Court of the Russian Federation

Decision

About some issues

Applications by courts of civil procedure

Code of the Russian Federation and the Arbitration Procedure

Code of the Russian Federation on Ordering Production

In order to ensure the right and uniform application by the courts of the provisions of the Civil Procedure Code of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation) and the Arbitration Procedure Code of the Russian Federation (hereinafter - the APC RF) on the Ordering Production of the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal Constitutional Law of February 5, 2014 N 3-FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications to the courts.

General. Requirements in order

orderly production

1. Judicial order - a court order (judicial act) issued on the basis of an application for the recovery of monetary sums or on the recovery of movable property from the debtor according to the requirements provided for in Article 122 of the Code of Civil Procedure of the Russian Federation, and on the basis of an application for the recovery of monetary amounts for the requirements provided for in Article 229.2 APC RF.

3. The requirements considered in order of ordinary production should be indisputable.

The requirements confirmed by written evidence are indisputable, the accuracy of which is no doubt, as well as recognized by the debtor.

9. According to the requirements based on the perfect notary protest of the bill of exchange in the default, Neakcept and the absence of acceptance, the court order may be issued by the world judge, as well as the arbitral tribunal, taking into account the provisions of paragraph of the fourth article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of Article 229.2 of the APC RF, Article 5 Federal Law of March 11, 1997 N 48-FZ "On the Transferred and Simple Week."

10. In order of ordinary production, arbitration courts consider the requirements for the recovery of mandatory payments and sanctions (paragraph 3 of Article 229.2 of the APC RF). If the results of the tax audit took place the tax authority, then the objection of paragraph 6 of Article 100, paragraphs 1 - 6.1 of Article 101, paragraphs 5 - 7, paragraphs 101.4 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) indicate the impossibility of consideration of the requirements declared by the tax authority on the basis of this decision, in order of ordinary production.

Taking into account paragraph 1 of article 44 of the Federal Law of July 7, 2003, N 126-FZ "On Communications" in relation to paragraphs of the third and tenth of Article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC RF, the judicial order is also issued by the World Judge, the Arbitration Court on request Payment for other types of communication in addition to telephone (for example, telematics communication services).

Based on the provisions of the paragraph of the eleventh article 122 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of Article 229.2 of the APC of the Russian Federation, the court order is issued by the Justice of the Arbitration Court in case the requirement for the recovery of mandatory payments and contributions, including members of consumer cooperatives, as well as from real estate owners (subparagraphs 1 and 4 of paragraph 3 of Article 50 of the Civil Code of the Russian Federation), related, for example, with payment of the costs of maintenance and the current repairs of common property in an apartment building and the payment of utilities.

By virtue of paragraph of the second paragraph 1 of Article 63, paragraph of the second paragraph 1 of Article 81, paragraph of the eighth of paragraph 1 of Article 94, paragraph of seventh paragraph 1 of Article 126, paragraph of the third paragraph 2 of Article 213.11, paragraphs of the second and third paragraph 1 of Article 213.19 of the Federal Law of October 26 2002 N 127-FZ "On Insolvency (Bankruptcy)" (hereinafter - bankruptcy law) from the date of the introduction of observation, financial recovery, external management, the decision to recognize the debtor bankrupt and open the competitive production or the introduction of the implementation of the Property of a citizen, from the date of administration The procedures for restructuring the debts of a citizen and approval by the Arbitration Court of the Debt Restructuring Plan of a Citizer Requirements for monetary obligations and the requirements for the payment of mandatory payments, with the exception of current payments, can be brought only within the bankruptcy case in the order of articles 71 or 100 bankruptcy law and cannot To be considered in order of ordinary production.

Order of ordinary production

15. The application for the issuance of a judicial order must comprise the mandatory information specified in Article 124 of the Code of Civil Procedure of the Russian Federation, Article 229.3 of the APC RF.

The charter is obliged to apply to the application for the issuance of a judicial order, the documents specified in paragraphs 1 - 5, 9 of part 1 of Article 126 of the APC RF (part 5 of article 3 of the APC RF).

In support of the application for the recovery of mandatory payments and sanctions, the tax authority must submit a requirement for the payment of tax (Articles 69, 70 of the Tax Code of the Russian Federation).

18. Given that the application for the issuance of a court order and the documents attached to such a statement may be submitted to the Court in electronic form, including in the form of an electronic document signed by an electronic signature in the manner prescribed by the legislation of the Russian Federation by filling out the form posted on The official website of the court in the information and telecommunications network "Internet" (part of the first.1 of Article 3, part of the first.1 Article 35, part of the first article 124 of the Code of Civil Procedure of the Russian Federation, part 7 of article 4, part 1 of article 41, part 1 of article 229.3 of the APC RF) The person has the right to send documents translated into electronic view using the scan tools (electronic images of documents), and (or) documents created in electronic form without prior documentation on paper signed by electronic signature in the manner prescribed by the legislation of the Russian Federation (electronic documents ).

If the application for the issuance of the judicial order and the documents attached to it are submitted in the form of electronic documents signed by a strengthened qualified electronic signature, such documents are recognized by documents, equivalent documents on paper, signed by their own signature (Article 6 of the Federal Law of April 6, 2011 N 63- FZ "On electronic signature").

1) if the application is rejected on the provision of delay, installments, on the decrease in the amount of state duty, on exemption from its payment;

3) if the application for the issuance of a judicial order contains requirements for several debtors whose obligations are equity;

4) if the amount specified by the recoverer is larger than the amount confirmed by the attached documents;

5) If the circumstances are revealed, which are grounds for leaving the claim (statement) without consideration (paragraphs of the second - sixth article 222, part of the fourth article 1 of the Code of Civil Procedure of the Russian Federation, paragraphs 1, 4 - 7 of part 1 of article 148, part 5 of article 3 of the APC RF) .

The definition of the application for the issuance of a judicial order is subject to the definition.

1) if the amount of the claimed requirement is either the total amount of several requirements specified in one statement exceeds the established limits;

The refusal to accept the application for the issuance of the judicial order is subject to the definition.

In order production, additional documents are not allowed, attracting participation in third parties, a challenge of witnesses, experts, specialists, translators, etc.

If the global judge, the arbitration court satisfied the stated requirements for several debtors, the number of copies of judicial orders are increasing by the number of debtors.

A copy (copies) of a court order on paper is sent to the debtor (debtors) by an arbitration court within five days from the date of its submission (part 3 of article 229.5 APK 1 Code of Civil Procedure of the Russian Federation, this rule is subject to the use of the world judge.

Objections received from one of the solidarial debtors entail the cancellation of the court order issued in relation to all debtors.

The cancellation of the judicial order is made a definition that is not subject to appeal.

32. The beginning of a ten-day period for the application by the debtor of objections to the execution of a court order (Article 128 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 229.5 of the APC RF) shall be calculated from the date of receipt by the debtor, a copy of the court order on paper or from the date of the expiration of the storage period of the judicial postal correspondence established by the organizations Postal communication (for example, FSUE "Russian Post" has a seven-day storage period for postal correspondence).

The storage period for postal correspondence is calculated from the date of arrival of the forensic postage in the place of delivery - the postage of the postal service of the location of the debtor.

The departure tracking report is printed and attached to the materials of the order.

For such circumstances, as for the basis for the adoption of a judge, the debtor's objections is indicated in determining the abolition of a court order.

Such evidences may include documents that refute the information from the official website of the Federal State Unitary Enterprise "Post of Russia", which was adopted by the Justice of the Arbitration Court as evidence that the debtor can be considered a copy of the court order; Documents confirming the non-receipt by the debtor's copy of the court order in connection with the violation of the rules for the delivery of postal correspondence; Documents confirming the non-receipt by the debtor-citizen's copy of the court order in connection with its absence at the place of residence, including due to illness, staying on a business trip, vacation, due to the move to another place of residence, etc.

36. In the case of the return of the application for the issuance of a court order, the refusal of its adoption paid state duty is subject to a return to the recoverer in the manner established by the Tax Code of the Russian Federation.

In the case of a claim with a claim (application), the paid state duty can be credited to the state duty to pay for the submission of the claim (statement) (subparagraph 13 of paragraph 1 of Article 333.20, subparagraph 7 of paragraph 1 of Article 333.22 of the Tax Code of the Russian Federation).

37. Since the judicial order is made by the Justice of the Arbitration Court without calling the recoverer and the debtor, the correction of the bugs admitted to the judicial order, typos, arithmetic errors that do not change its content is also carried out without calling the indicated persons (part of the second article 126 Code of Civil Procedure of the Russian Federation, part 2 Articles 229.5 APC RF). The definition of fixing, typos, arithmetic errors can be appealed simultaneously with the court order (part of the first article 376, part of the first article 386.1 GPC 288.1 APC RF).

Execution of a judicial order

38. For the compulsory execution of a court order, an executive list is not required, since the judicial order is simultaneously executive document and is executed in the manner prescribed for the execution of court decisions (part of the second Article 121, part of the first article 130 Code of Civil Procedure of the Russian Federation, part 2 of Article 229.1, Part 6 of Article 229.5 APC RF).

Since the date and place of birth, as well as the place of work of the debtor-citizen, are indicated only if they are known to the recoverer, the lack of such information in the court order is not a reason for making a bailiff of an initiation Executive proceedings by virtue of paragraph 4 of part 1 of article 31 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings".

The duplicate of the court order must fully reproduce the lost court order, in the upper right corner of which the duplicate stamp is affixed.

Appealing the court order in the court of cassation

A cassation complaint against the court order issued by the Arbitration Court is submitted according to the rules of Article 275 of the APC RF into the arbitration court of cassation, the plenipotentiary of it to consider it through the arbitration court, which issued a court order. Violation of the established procedure for filing a cassation complaint to the judicial order is not a basis for the return of the cassation complaint. The judge of the arbitration court of the cassation instance in order to identify grounds for revising in the order of cassation production of the judicial order is entitled to refer to the case from the Arbitration Court, who adopted a challenged judicial order (Part 2 of Article 288.1 APK 376 Code of Civil Procedure of the Russian Federation, Article 42 and Part 11 of Article 229.5 APC RF. So, In the event that the submitted judicial order entails or may entail an unreasonable increase in payables to the detriment of the competitive mass, the court of cassation is canceled by the court order in relation to article 387 of the Code of Civil Procedure of the Russian Federation, paragraph 4 of part 4 of article 288 of the APC RF.

Final provisions

46. \u200b\u200bIn connection with the adoption of this resolution, it is not subject to use paragraphs 1 - 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 1 dated February 5, 1998 "On some issues of applying the Federal Law" On Transfer and Simple bill.

47. When applying the explanations contained in paragraphs 18 and 28 of this Resolution, it is necessary to take into account that the provisions of the Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation as amended by the Federal Law of June 23, 2016 N 220-FZ "On Amendments to Selected Legislative Acts of the Russian Federation in Applications of electronic documents in the activities of judicial authorities ", establishing the possibility of submitting documents in electronic form in electronic form, including in the form of an electronic document signed by electronic signature in the manner prescribed by the legislation of the Russian Federation and providing for the implementation of court decisions (judicial acts) in the form The electronic document signed by the strengthened qualified electronic signature is applied, taking into account the timing of these provisions for the provisions and in the presence of a technical capabilities in the courts.

Chairman of the Supreme Court

Russian Federation

V.M. Lebedev

Plenum Secretary

judge of the Supreme Court

Russian Federation