Consolidated enforcement proceedings for the debtor is initiated in cases wherethe subject has opened several cases on the recovery of property. It is also possible to unite the processes in which the entities that are jointly and severally liable in favor of a single creditor participate. Let us consider in detail what the consolidated enforcement proceedings. Comments to the normative acts regulating its implementation, will also be given below.
general characteristics
Executive production is carried out on the principles:
- Legitimacy.
- Respect for the dignity and honor of individuals.
- Timeliness of the commission of appropriate actions and the use of coercive measures.
- Inviolability of the minimum amount of property necessary for the normal existence of the debtor and his relatives.
- Relative to the size of the creditor's claims and enforcement measures.
The FSSP carries out activities for thetimely and correct implementation of acts of state bodies and officials, as well as other documents provided for by legislation to protect interests, freedoms, rights of organizations and individuals, including those arising from international treaties. The lawful requirements of bailiffs are mandatory for the power structures, citizens, enterprises. They must be carried out throughout the territory of the Russian Federation. In the event of evasion from payment of the established debt, the employee of the FSSP has the right to apply coercive measures.
Link requirements
229-FZ allows for the consolidation of several cases of recoverymoney in one. The main purpose of this procedure is to establish the order of satisfaction of claims. This is especially true in situations where a person's property is insufficient to pay off all obligations.
Sequence of collection
It is determined by Art. 111 229-FZ. Under the provisions, if recovered from the subjectthe amount is insufficient to pay off all the obligations that are present in the IL, it is distributed among the creditors who submitted the documents in the following order:
- Alimony requirements, requirements associated withcompensation for harm caused to health, which arose in connection with the death of a breadwinner caused by a criminal act. In the first place, moral damage is also compensated.
- Requirements for the granting of severance pay,wages to citizens who worked (working) on the basis of an employment contract. Secondly, the amount of remuneration to authors of products of intellectual activity is also collected.
- Mandatory deductions to off-budget funds and to the budget.
- Other requirements.
Specificity of repayment
When allocating the amount of money collected fromsubject to the requirements of the next stage are satisfied after the completion of previous payments in full. If the debtor does not have enough money for this, the repayment of the obligations is carried out in proportion to the amount of deductions to each creditor on the writ of execution. If the satisfaction of claims is carried out with the participation of a banking or other credit organization, the order of writing off money from accounts is established art. 855 CC.
Article 34
It sets out the basic rules.combining multiple cases. In the norm, in particular, it is determined that several claims of a material nature, filed against one entity, as well as aimed at several persons bearing joint and several liability, are united in consolidated enforcement proceedings. In some cases, documents in relation to the obligated person (or several joint ones) are filed with different units of the territorial bodies of the FSSP. In such situations consolidated enforcement proceedings opens in the department, which will be determined by the chief bailiff of the Russian Federation. He controls the conduct of such a case. Article 34 allows the transfer of this power to one ofdeputy, the chief bailiff of the region or a senior employee of the territorial division of the FSSP. A similar rule applies to cases open to entities bearing joint and several liability.
Nuances
Documents that contain propertythe requirements for a person in respect of which open summary enforcement proceedings are open, as well as the enforcement processes instituted in other units of the FSSP are transferred to him to the bailiff responsible for the recovery in the joint case. This shall be notified to the obliged subject, creditors, as well as the authority that issued the IL. In the framework of consolidated proceedings, coercive measures are applied and appropriate actions are taken in the territory to which the authority of the bailiff does not apply. In this case, the employee is guided by the provisions of ch. 11-13 of Article 33 of the Law.
Classification
What can be summary enforcement proceedings? Judicial practice distinguishes between procedures:
- Combining several cases of recovery from one subject. At the same time, lenders can also be more than one.
- Combining several cases open against joint debtors. In this case, the lender is one.
- ComplexThey unite the cases included in the consolidated proceedings instituted against one of the entities bearing joint and several liability in favor of the 1st creditor, and opened on the same debtor in favor of several (or one) claimants.
Place of reference
The decision regarding the definition of the unit that will lead consolidated enforcement proceedings, принимается главным приставом РФ, региона.The grounds for this are information on the conduct of cases in relation to one obligated person in various territorial offices of the FSSP. They can be submitted to:
- Memos.
- Appeal.
- Database.
- Acts of state bodies, including judicial.
The specified information can be received from participants of production, the instance which issued IL, employees of FSSP. The decision is made within ten days from the date of receipt of the relevant information.
Petitions
Production participants are entitled to send an applicationon determining the place of business. According to Art. 64.1 of the Law, citizens' applications are considered within ten days from the date of receipt. The calculation of the period is subject to the provisions of Art. 15 FZ №229. Extension of the term for consideration of a petition received according to the rules of art. 64.1, is not provided.
Decision-making
Place of production is determined in the decisionauthorized person. According to the results of consideration of the petition filed according to the rules of art. 64.1, if there are grounds, the application of the subject shall be satisfied. The corresponding decision is made out by the resolution. The petition, if there are grounds for this, may be refused. In this case, a resolution is also issued. Any of the decisions taken no later than the day following the date of removal shall be sent to the participants in the proceedings.
Additionally
In determining the place of excitation (reference)production decision related to the imposition of control on the relevant authorized person, is fixed in the decision. The process is supervised by the chief bailiff of the region and the senior official of the structural unit in the territorial body of the FSSP. When performing control functions should be guided part 6 of the Methodological Recommendations.
