In judicial practice there is such a thing asinitiation of enforcement proceedings. Of course, to implement this procedure, you must have specific grounds, a list of which is given in the norms of current legislation. To the number of such grounds include:
- submission of a special document encouraging the initiation of, for example, a writ of execution or an order of the court;
- a statement by the claimant expressing a desire to conduct a trial;
- direct order of bailiffs, based on the above documentation.
The enforcement proceedings themselves area process defined by a specific framework. That is, its implementation requires not only documents confirming the expediency of the case, but also specific deadlines at each stage of the proceedings. All this is clearly described in the relevant legislation.
In addition, the initiation of enforcement proceedings is carried out step by step. In this regard, the whole process can be divided into separate stages:
- First of all, the claimant must require the preparation of a specific document serving as a basis.
- Then he expresses the requirement to start the proceedings in the form of a statement.
- The collected documentation is transferred to the bailiffs.relevant district unit. And you should contact the authority, located on the territory of the defendant. For the convenience of citizens, it is allowed to transfer the writ of execution and the application by mail in the form of a registered letter. This greatly facilitates litigation for the plaintiff, since this is usually a long process and requires tremendous patience. It's no secret how difficult it is sometimes to communicate with office workers and other officials.
- The initiation of enforcement proceedings may be approved or rejected within three business days.
- After the final decision has been made, the bailiff notifies in writing all those interested in the case.
- The defendant is entitled to a specified period.time to independently fulfill their obligations towards the other side. As a rule, the duration of the period does not exceed five working days. Otherwise, the debtor is prosecuted and must pay a fine. Typically, the amount of penalties is about 7% of the value of the debt.
Separately, I want to note the principlesenforcement proceedings, since they are based on the entire process of the proceedings. All principles can be divided into groups: constitutional, interdisciplinary and directly affecting the enforcement proceedings. The first group is considered general, since these principles apply to all spheres of society. These include:
- absolute equality of all subjects of the civil code;
- dominance of freedoms and rights of citizens.This means that for the state, the highest protection of human rights and the preservation of its freedom are paramount, if the actions of the subject do not contradict other legislative acts;
- and of course, any citizen governmentshould provide legal protection. This issue is particularly acute during litigation, when the defendant does not have the opportunity to independently find a lawyer.
Intersectoral - these are principles that reflect individual branches of law. A good example of this principle is the requirement to implement legal proceedings in the national language.
Initiation of enforcement proceedings in a narrowsense subject to certain rules (principles). The rule of disposition implies that a person has the full right to dispose of the property belonging to him at his own discretion, without submitting to third parties. When collecting a debt in a compulsory manner, the defendant has the right to preserve the property or funds in the minimum amount required to cover the costs of maintaining the family.
