Об исполнительном производстве

Federal Law "On Enforcement Proceedings" N 229-FZ

The named Federal Law sets out in a new edition the Federal Law "On Enforcement Proceedings", adopted in 1997 and aimed at improving the norms governing the issues of enforcement proceedings.

The novellas of the Federal Law stipulate the tasks and principles of enforcement proceedings, reflect the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. In more detail, than before, the issues of the sale of property and its assessment, deadlines, notifications and calls in enforcement proceedings are regulated, the requirements for enforcement documents and their list, as well as the compositions of administrative offenses related to enforcement proceedings, have been clarified.

Important innovations are the regulations on the issues of foreclosure of securities. A new chapter has been introduced to regulate the sale of property at auction.

As amended by the 1997 Federal Law, only the debtor's immovable property could be sold by auction. The new version of the Federal Law provides for the possibility of selling securities and property rights at auctions. It also contains the rules concerning the announcement of the auction invalid and the consequences of this announcement, which provide for the possibility of holding a secondary auction at a reduced price, which will contribute to the actual fulfillment of the requirements of the executive document. So, the value of the debtor's movable property not sold within one month from the date of transfer for sale will decrease by 15%, and if after the markdown the property is still not sold, it will be transferred to the recoverer. Moreover, its cost will be reduced by 25%.

In addition, in order to strengthen control over the decisions on enforcement proceedings taken by bailiffs, the new Federal Law provides for the possibility of appealing against the actions of bailiffs-executors in court, as well as the chief bailiff of the Russian Federation, the chief bailiff of the constituent entity of the Russian Federation and the senior bailiff.