Consider my application in accordance with Article 64. Guidelines for determining the procedure for considering applications, petitions of persons participating in enforcement proceedings

Hello Sergey!

You are not required to send enforcement proceedings (because by law you have the right to get acquainted with them personally or through a representative). But to respond to the request for information on the course of enforcement proceedings - they must. This is confirmed, among other things, by the following document:

"Guidelines for determining the procedure for considering applications, petitions of persons participating in enforcement proceedings"
(approved by the FSSP of Russia on April 11, 2014 N 15-9)
1.4. An official of the bailiff service (senior bailiff, his deputy, bailiff) in accordance with Art. 64.1 of the Law, applications (petitions) are considered on the following issues:
performance of executive actions, provided for by Art. 64 of the Law (including on the establishment of a temporary restriction on the debtor's departure from the Russian Federation, on checking the correctness and timeliness of the transfer of funds, on the distribution of the collected funds and their transfer to claimants and other executive actions);
application of enforcement measures in accordance with Art. 68 of the Law (including on foreclosure on the debtor's property, on applying to the registering authority to register the transfer of the right to property);
on the correction of clerical errors or obvious arithmetic errors made by him in the decision (part 3 of article 14 of the Law);
on the set-off of counter homogeneous claims in accordance with Art. 88.1 of the Law;
to cancel the decision to terminate enforcement proceedings in accordance with Part. 9 Article. 47 of the Law;
on the conduct of enforcement proceedings by the enforcement group in accordance with Art. 34.1 of the Law;
on other issues related to the competence of these officials.

In the petition, you must indicate in great detail the issues that interest you in enforcement proceedings (on measures to search for property, on seizure, etc.). The list of these questions is in the document that the colleague posted, just ask for information about these events, and not copies of the documents, otherwise they will most likely refuse.

Send the request by registered mail with notification (and preferably with a description of the attachment).

The term for consideration of the application is 10 days (this is the period for issuing a decision on the satisfaction of the application or on refusal). But this period should not be confused with the response to the request itself - the general term for considering applications is 30 days (according to Federal Law No. 59-FZ of May 2, 2006 "On the procedure for considering applications from citizens of the Russian Federation").

4.1. Upon receipt for consideration by the FSSP of Russia, the territorial bodies of the FSSP of Russia, structural subdivisions of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of Applications Submitted in the Framework of Federal Law No. 59-FZ dated 02.05. ”and containing, among other things, statements (petitions) in accordance with Art. 64.1 of the Law, officials of the bailiff service:
consider applications (petitions) in the manner and terms established by Art. 64.1 of the Law, with the issuance of relevant resolutions;
consider other arguments of the appeal in accordance with the Federal Law of May 2, 2006 N 59-FZ “On the Procedure for Considering Appeals of Citizens of the Russian Federation” with the preparation of a reasoned response containing, among other things, information on the results of consideration of the application (petition).

If you do not receive a response to the petition within the prescribed period, then you have the right to file a complaint with the FSSP Directorate against the actions of the senior bailiff (this is why the petition must first be addressed to him).

In general, this is the procedure for obtaining information on your own. But as colleagues correctly pointed out above, the best way would be to involve someone to familiarize yourself with the materials of enforcement proceedings and send you copies. It will be both faster and more efficient.

02.01.2019

What is an application for familiarization with enforcement proceedings, in what cases is it drawn up and submitted?

The purpose of writing an application for familiarization with the enforcement proceedings is obvious. The recoverer or debtor has the right to get acquainted with the materials at any stage of enforcement actions. Thus, it is possible to control the work of the bailiff, to provide the missing documents on time, which will contribute to the faster and more correct execution of the court order.

The right to familiarize with enforcement proceedings

After the initiation of enforcement proceedings (), the recoverer and the debtor become parties to the enforcement proceedings.

The right to familiarize with the materials of enforcement proceedings is enshrined in Article 50 of the Federal Law "On Enforcement Proceedings":

1. The parties to enforcement proceedings have the right to get acquainted with the materials of enforcement proceedings, make extracts from them, make copies of them, submit additional materials, file petitions, participate in enforcement actions, give oral and written explanations in the process of enforcement actions, give their arguments on all issues. arising in the course of enforcement proceedings, to object to the petitions and arguments of other persons participating in enforcement proceedings, to challenge, appeal against the decisions of the bailiff, his actions (inaction), and also have other rights provided for by the legislation of the Russian Federation on enforcement proceedings. Until the end of the enforcement proceedings, the parties to the enforcement proceedings have the right to conclude an amicable agreement, approved by the court.
2. The parties to enforcement proceedings bear the obligations established by this Federal Law and other federal laws.

Submission of an application for familiarization with enforcement proceedings

An application for familiarization with enforcement proceedings is submitted through the office of the bailiff service or sent by mail. This option will allow you to have on hand evidence that the application was actually filed.

In some cases, the application can be given personally to the bailiff who conducts enforcement proceedings. This is possible if the bailiff immediately provides materials for study or puts a written mark on the time of familiarization with the case.

You can get acquainted with the enforcement proceedings immediately after its initiation until its completion, including during the suspension ().

Terms of familiarization with enforcement proceedings

According to Article 64.1 of the Federal Law “On Enforcement Proceedings”, an application for familiarization with enforcement proceedings is considered by a bailiff within 10 days from the date of filing. Based on the results of the consideration, a decision is issued, which must indicate the time and place for familiarization with the enforcement proceedings.

We advise you to indicate in the text of the application a specific date and time when you can familiarize yourself with the enforcement proceedings. It should be borne in mind that the bailiff must issue materials for review completed and filed into the case, for which he needs some time. Therefore, it is unlikely that the materials of enforcement proceedings will be issued for review on the day the application is submitted.

In our practice, it happened that the only way to get acquainted with the enforcement proceedings was filing. Already in court, where the materials are provided by the bailiff without fail, one could easily get acquainted with them.

The procedure for familiarization with enforcement proceedings

Familiarization with the materials of enforcement proceedings is carried out in the premises of the bailiff service under the control of an authorized person.

During the review, the materials must be provided for personal study. You can read documents, make written statements, make copies. It is best to use a camera to make copies.

There is no time limit for reviewing enforcement proceedings. Obviously, it will take place during the working hours of the bailiffs. At the end of the procedure, the applicant will be taken away from the receipt of familiarization with the enforcement proceedings.

Sample application for familiarization with enforcement proceedings

AT _____________________________

(name of the department of bailiffs)

from _____________________________

(Name of the claimant, address, telephone)

Application for familiarization with enforcement proceedings

In the production of the bailiff service there is an enforcement proceeding initiated on the basis of a writ of execution issued by _________ (name of the court that issued the writ of execution) "___" _________ ____ in the case of _________ (indicate the name of the case) with the subject of execution _________ (indicate the subject of execution, full name of the recoverer and debtor).

On the basis of Article 50 of the Federal Law “On Enforcement Proceedings”, the parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, and make copies of them.

I need to familiarize myself with the enforcement proceedings before "___" _________ ____, since _________ (indicate the reasons for the need to familiarize yourself before the specified date).

Based on the foregoing, guided by Article 50 of the Federal Law "On Enforcement Proceedings",

1. To acquaint me with the enforcement proceedings "___" _________ ____ at ____ hour.
2. Permission to make copies of the materials of enforcement proceedings.

Date of application "___" _________ ____ Signature _______

The essence of the work of bailiffs is to control the implementation of court decisions and bring the execution of a court decision to its logical conclusion. Some citizens who are legally imposed a certain penalty refuse to comply with it. In this case, special law enforcement officers work with debtors for utility bills, alimony, taxes or loans.

The activity of bailiffs is regulated by the regulatory legal acts in force in our country, the main of which is the Federal Law “On Enforcement Proceedings”, which provides for the possibility of filing a petition for additional actions or other requests to the bailiff. Our lawyer for enforcement proceedings will help to draw up a petition to the bailiff to the executor: professionally, on favorable terms and on time.

ATTENTION: our lawyer for enforcement proceedings will draw up a petition to the bailiff of any complexity: professionally, on favorable agreed terms and on time. Call!

How to make a petition to the bailiff?

FSSP employees have fairly broad powers. A petition to the service is sent after the completion of litigation at all possible levels, unless of course we are talking about, then you can start working with the bailiff at an earlier stage (for more details, follow the link).

A writ of execution must be attached to the petition, if enforcement proceedings have not yet been initiated. At least 7 days are allotted for consideration of documents by the legislation. The petition contains the most complete information about the debtor, as well as the amount of the requirements determined by the court. This information is an auxiliary tool for the work of the bailiff. They are able to significantly reduce the time of material recovery.

The application and any petitions to the FSSP can be submitted in person or sent by mail in the form of correspondence with notification. Each participant in enforcement proceedings, including persons in need of debt payment, the debtors themselves or legal representatives of these entities, has the right to apply to the service.

What petitions can be made to the bailiff?

There are various reasons for applying:

• securing a claim in court (security actions are required on the part of the bailiff);
• requesting from organizations and third parties information about the presence of the debtor's property or information about its location;
• a petition for departure to the debtor's address to draw up an inventory of property;
• arrest of bank accounts;
• prohibition to carry out certain registration actions (for example, with real estate and movable property, entering information into the Unified State Register of Legal Entities for a legal entity in connection with a change);
• a petition to impose a ban on the debtor's travel outside the Russian Federation;
• a petition for a ban on the debtor to drive a vehicle in connection with a debt on a writ of execution;
• a request to reduce the amount of deductions for enforcement proceedings;
• a petition for the resumption, termination, production;
• other petitions and requests to the bailiff.

Decisions, resolutions within the framework of enforcement proceedings, adopted at the request of the bailiffs, can be appealed legally. To do this, the legislative norms existing in the country allocate 10 days. The main reasons for the appeal are unmotivated conclusions or violation of the rights of the recoverer or debtor.

Applications are submitted to the courts or the management of the performing party. The second method allows you to resolve emerging issues much faster. In addition, the administrative appeal does not provide for the payment of state duty. Litigation is considered more efficient.

Our lawyer for enforcement proceedings always advises to do, to exercise all the rights of the claimant, if you go to receive the award, about this VIDEO on the topic, watch and write your question in the comments of the video:

Sample request for additional enforcement actions

To the Ordzhonikidze district department

bailiffs of Yekaterinburg

Office of the Federal Service

bailiffs in the Sverdlovsk region

Creditor:

PETITION

on additional actions by the bailiff

In my favor there is a court decision against the debtor in enforcement proceedings, the decision has entered into legal force, I filed a writ of execution with an application to initiate enforcement proceedings on August 27, 2013.

According to Art. 30 of the Federal Law “On Enforcement Proceedings”: “a bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the recoverer, unless otherwise provided by this Federal Law. The application is signed by the claimant or his representative. The representative attaches to the application a power of attorney or other document certifying his authority. The application may contain a petition to seize the debtor's property in order to ensure the execution of the claims for property recovery contained in the executive document, as well as to establish restrictions for the debtor provided for by this Federal Law.

Guided by the Federal Law "On Enforcement Proceedings",

ASK:

Appendix:

• A copy of the power of attorney for the representative.

date, signature

APPROVE

Director
Federal Judicial Service
bailiffs - chief judicial officer
bailiff of the Russian Federation
A.O. Parfenchikov
April 11, 2014

I. General provisions

1.1. Federal Law No. 49-FZ of April 5, 2013 "On Amendments to the Federal Law "On Enforcement Proceedings" and Certain Legislative Acts of the Russian Federation", which entered into force on May 9, 2013, Federal Law No. 229-FZ of October 2, 2007 "On Enforcement Proceedings" proceedings" (hereinafter referred to as the Law) was supplemented with Art. 64_1 "Consideration of applications, petitions of persons participating in enforcement proceedings" .

1.2. According to part 1 of article 64_1 of the Law, applications, petitions of persons participating in enforcement proceedings (hereinafter referred to as applications (petitions)) may be submitted at any stage of enforcement proceedings.

1.3. In accordance with Article 64_1 of the Law, applications (petitions) are subject to consideration, based on the results of consideration of which an official of the Bailiff Service makes an appropriate procedural decision, except in cases where the Law establishes a special procedure for considering an application, in particular:

on the postponement of enforcement actions and the application of enforcement measures in accordance with Part 3_1 of Article 38 of the Law;

on the suspension of enforcement proceedings by a bailiff in accordance with Part 4 of Article 45 of the Law;

on declaring the wanted list of the debtor, his property, child in accordance with Article 65 of the Law;

on the seizure of the debtor's property in accordance with Article 80 of the Law;

complaints against decisions, actions (inaction) of officials of the FSSP of Russia, filed in the order of subordination in accordance with Chapter 18 of the Law;

on challenge in enforcement proceedings in accordance with Part 3 of Article 63 of the Law;

in other cases provided by the Law.

1.4. An official of the Bailiff Service (senior bailiff, his deputy, bailiff) in accordance with Article 64_1 of the Law

performance of executive actions provided for in Article 64 of the Law (including the establishment of a temporary restriction on the debtor's departure from the Russian Federation, the verification of the correctness and timeliness of the transfer of funds, the distribution of the collected funds and their transfer to claimants and other executive actions);

application of enforcement measures in accordance with Article 68 of the Law (including foreclosure on the debtor's property, on applying to the registering authority to register the transfer of the right to property);

on the correction of typographical errors or obvious arithmetic errors made by him in the decision (part 3 of article 14 of the Law);

on the set-off of similar counterclaims in accordance with Article 88_1 of the Law;

on the abolition of the decision to terminate the enforcement proceedings, in accordance with Part 9 of Article 47 of the Law;

on the conduct of enforcement proceedings by the enforcement group in accordance with Article 34_1 of the Law;

1.5. The chief bailiff of the Russian Federation (chief bailiff of a constituent entity of the Russian Federation), deputies of the chief bailiff of the Russian Federation (deputy chief bailiff of a constituent entity of the Russian Federation) in accordance with Article 64_1 of the Law consider applications (petitions) on:

transfer of enforcement proceedings from one territorial body of the FSSP of Russia (a structural subdivision of the territorial body of the FSSP of Russia), the Office for the Execution of Particularly Important Enforcement Proceedings to another in accordance with Part 9 of Article 33 of the Law;

determination of the place of conducting consolidated enforcement proceedings in accordance with Parts 2, 3 of Article 34 of the Law;

corrections of typographical errors or obvious arithmetical errors made by him in the decision (part 3 of article 14 of the Law);

on other issues related to the competence of these officials.

II. Terms of registration, consideration of applications (petitions) and transfer (direction) to an official authorized to consider them

2.1. The application (petition) of the persons participating in the enforcement proceedings, no later than the day following the day of receipt by the bailiff unit, is registered in the electronic document management system with the addition of the letter "X" to the registration number.

The following are not subject to registration as applications (petitions), including those containing a reference to Article 64_1 of the Law:

statements to initiate enforcement proceedings containing petitions in accordance with Part 2 of Article 30 of the Law;

appeals of persons participating in enforcement proceedings with requirements to report on the progress of enforcement proceedings.

Also, appeals that do not contain specific requirements for the performance of enforcement actions or the application of enforcement measures are not subject to registration as applications (petitions).

These appeals and the petitions contained in them are considered in the manner and within the time limits established by the Law.

If one application (petition) contains requirements for taking measures in several enforcement proceedings, then it is registered as one petition, with subsequent adoption of procedural decisions for each enforcement proceedings separately.

2.2. In accordance with Article 64_1 of the Law, an application (petition) is submitted for consideration to an official of the Bailiff Service within three days from the date of receipt of this application (petition) by the bailiff unit.

2.3. If the official who received the application (petition) is not authorized to consider it, the specified official is obliged to send the application (petition) to the official of the Bailiff Service authorized to consider it within three days. At the same time, the person who submitted the application (petition) is notified of the transfer for consideration to another official of the FSSP of Russia.

Upon receipt by the FSSP of Russia of applications (petitions), procedural decisions on which must be made by the chief bailiff of the constituent entity of the Russian Federation (his deputy), such applications (petitions) are redirected to officials authorized to consider them within three days with notification of this in writing the form of the person who submitted the application (petition).

In the event that the FSSP of Russia receives applications (petitions), procedural decisions on which must be made by a senior bailiff or bailiff, such applications (petitions) are redirected to the administrative apparatus of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings within three days to transfer it to the authorized person to consider it with the appropriate notification of the applicant.

Upon receipt by the administrative apparatus of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of applications (petitions), procedural decisions on which must be made by a senior bailiff (his deputy) or a bailiff, such applications (petitions) are redirected to officials competent to consider them, within three days with a written notification of the person who submitted the application (petition).

2.4. The official of the Bailiff Service, in accordance with Part 5 of Article 64_1 of the Law, considers the application (petition) within ten days from the date of receipt of the application (petition) to him.

2.5. When calculating the terms provided for in Article 64_1 of the Law, it is necessary to be guided by Part 2 of Article 15 of the Law, non-working days are not included in the indicated terms.

III. Decisions taken by officials of the Bailiff Service based on the results of consideration of applications (petitions)

3.1. Based on the results of consideration of the application (petition), the official of the Bailiff Service makes the following procedural decisions:

on satisfaction in full or in part of the application (petition), on which a decision is made (Appendix N 1);

on the refusal to satisfy the application (petition), on which a decision is made (Appendix No. 2);

on the refusal to consider the application (petition) on the merits (Appendix No. 3).

If the application (petition) is satisfied, the procedural decision made by the official of the Bailiff Service is formalized by an appropriate decision, which is issued within the time period established for consideration of the petition, or simultaneously with the decision to satisfy the application (petition) in full or in part.

At the same time, it is allowed to issue the above decisions in one procedural document.

If it is impossible to take enforcement actions or take enforcement measures within the period established for consideration of the application (petition), the decision to satisfy the application (petition) in full or in part shall indicate the enforcement actions to be taken and (or) enforcement measures, which are subject to application in the framework of enforcement proceedings based on the results of consideration of the application (petition).

3.2. In case of partial satisfaction of the application (petition), the official shall indicate in the resolution in which part the application (petition) is subject to satisfaction, as well as the grounds for refusing to satisfy other requirements.

3.3. The decision to refuse to consider the application (petition) on the merits may be taken if the application (petition) does not contain the signature of the person participating in the enforcement proceedings, the absence of documents confirming the authority of the person to participate in the enforcement proceedings.

3.4. In accordance with Part 7 of Article 64_1 of the Law, a copy of the decision of an official of the Bailiff Service, no later than the day following the day of its issuance, is sent to the applicant, debtor, recoverer, as well as.

IV. Features of consideration of applications (petitions) contained in appeals

4.1. Upon receipt for consideration by the FSSP of Russia, the territorial bodies of the FSSP of Russia, structural subdivisions of the territorial body of the FSSP of Russia, the Office for the Execution of Particularly Important Enforcement Proceedings of Applications Submitted in the Framework of Federal Law No. 59-FZ of 02.05. "and containing, among other things, statements (petitions) in accordance with Article 64_1 of the Law, officials of the Bailiff Service:

consider applications (petitions) in the manner and terms established by Article 64-1 of the Law, with the issuance of relevant decisions;

consider other arguments of the appeal in accordance with the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" with the preparation of a reasoned response containing, among other things, information on the results of consideration of the application (petition).

4.2. Decisions of officials issued in accordance with Article 64_1 of the Law may be disputed (appealed) in the manner prescribed by chapters 17, 18 of the Law.

Appendix N 1 to the Methodological Recommendations. Resolution on the satisfaction (partial satisfaction) of the application (petition)

RESOLUTION on the satisfaction (partial satisfaction) of the application (petition)

Excited

(Name

SET UP:

Having considered the applicant's arguments,

recognizes the circumstances set forth in the application (petition) to be satisfied

(indicate the circumstances of the application (petition) that are not subject to satisfaction)

application (petition)

(title of the official of the FSSP of Russia)

recognizes as unreasonable and not subject to satisfaction in connection with

RESOLVED:

1. Application (petition)

to satisfy

(full name (name) of the applicant)

(if the application (petition) is satisfied in part, indicate in which part)

2. In satisfaction of the application (petition)

(full name (name) of the applicant)

refuse.

(indicate in which part the application (petition) was denied)

3. As part of enforcement proceedings N

(indicate enforcement actions and (or) enforcement measures,

committed or to be committed upon satisfaction of the petition)

4. Send copies of the decision to:

the applicant

(full name (name), address)

debtor

(full name (name), address)

claimant

(full name (name), address)

to the court, other body or official who issued the writ of execution

(name, address)

(name, address)

(title of the official of the FSSP of Russia)

(signature)

(full name)

________________ To be completed if the application (petition) is partially satisfied.

Appendix No. 2 to the Guidelines. Decision on refusal to satisfy the application (petition)

RESOLUTION on the refusal to satisfy the application (petition)

(name and address of the territorial body of the FSSP of Russia (its structural subdivision),

title of the official of the FSSP of Russia, full name of the official of the FSSP of Russia)

having considered the materials of enforcement proceedings N

Excited

based on executive document

(Name

executive document, its details,

Full name (name) and address of the debtor and claimant, subject of execution)

SET UP:

received an application (petition) for

(indicate the circumstances set out in the application (petition))

(full name (name) of the applicant)

Having considered the applicant's arguments,

(title of the official of the FSSP of Russia)

recognizes the requirements set forth in the application (petition) as not subject to satisfaction in connection with

(indicate the grounds for refusal to satisfy the application (petition))

RESOLVED:

1. In satisfaction of the application (petition)

(full name (name) of the applicant)

refuse.

the applicant

(full name (name), address)

debtor

(full name (name), address)

claimant

(full name (name), address)

to the court, other body or official who issued the writ of execution

(name, address)

to the territorial body of the FSSP of Russia (its structural subdivision), on execution in which

there is enforcement proceedings

(name, address)

The decision can be appealed in order of subordination to a higher official of the bailiff service or challenged in court within ten days.

(title of the official of the FSSP of Russia)

(signature)

(full name)

________________ To be filled in when issuing a decision by the chief bailiff of the Russian Federation, the chief bailiff of the constituent entity of the Russian Federation, and their deputies.

Appendix No. 3 to the Guidelines. Resolution on refusal to consider an application (petition) on the merits

RESOLUTION on refusal to consider an application (petition) on the merits

(name and address of the territorial body of the FSSP of Russia (its structural subdivision),

title of the official of the FSSP of Russia, full name of the official of the FSSP of Russia)

considering the application (petition)

SET UP:

received an application (petition) for

(indicate the circumstances set out in the application (petition))

(full name (name) of the applicant)

It is established that the application (petition)

(full name (name) and address of the applicant)

(indicate the grounds for refusal to satisfy the application (petition))

Based on the foregoing, guided by Article 14 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings",

RESOLVED:

1. In consideration of the application (petition)

(full name (name) of the applicant)

essentially refuse.

2. Send copies of the decision to:

the applicant

(full name (name), address)

debtor

(full name (name), address)

claimant

(full name (name), address)

to the court, other body or official who issued the writ of execution

(name, address)

to the territorial body of the FSSP of Russia (its structural subdivision), on execution in which

there is enforcement proceedings

(name, address)

The decision can be appealed in order of subordination to a higher official of the bailiff service or challenged in court within ten days.

(officer of the bailiff service)

(signature)

(full name)

________________ To be filled in when issuing a decision by the chief bailiff of the Russian Federation, the chief bailiff of the constituent entity of the Russian Federation, and their deputies.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Bulletin of the Federal Service
bailiffs,
N 7, 2014 (order);
newsletter (applications)