New instructions for enforcement proceedings. How to recover a debt by a court decision: instructions for creditors Marital share in inheritance

Regulations on the Ministry of Justice of the Republic of Belarus, approved by the resolution of the Council of Ministers of the Republic of Belarus dated October 31, 2001 N 1605, other normative legal acts regulating public relations in the field of enforcement proceedings, and determines the conditions and procedure for the execution of enforcement documents.

The tasks of enforcement proceedings are to ensure the execution of decisions, rulings and decisions of courts in civil cases, rulings in cases of administrative offenses, judgments, rulings and rulings in criminal cases in terms of property penalties, as well as decisions and decisions of other bodies, the execution of which is imposed by law on judicial performers, control over voluntary execution, and, if necessary, their compulsory execution in order to protect and protect the rights of citizens, legal entities and the state, confirmed in the manner prescribed by law.

CHAPTER 2 CONDITIONS OF ACTION BY THE COURT

2. Enforcement actions on the territory of the Republic of Belarus are performed by bailiffs who are attached to the respective courts.

3. A bailiff may be a citizen of the Republic of Belarus who has reached the age of eighteen, who has a secondary specialized legal education or a higher legal education (for a senior bailiff of a district (city) court - a higher legal education and work experience in the legal specialty for at least two years, including not less than one year in the position of a bailiff, for a senior bailiff of regional, Minsk city courts - higher legal education and work experience as a bailiff of a district (city) court for at least two years), capable of his business and personal qualities, and also for health reasons to fulfill the duties assigned to him.

The bailiff is a civil servant.

A citizen cannot be appointed to the position of a bailiff if there are grounds for refusal to admit to civil service established by law.

In regional (city) courts, where there are two or more bailiffs, in regional, Minsk city courts, a senior bailiff is appointed.

Senior bailiffs, bailiffs are appointed and dismissed in accordance with the procedure established by the Ministry of Justice of the Republic of Belarus.

In courts with twelve or more bailiffs, the work of bailiffs is organized according to the zonal principle. Court bailiffs are divided into groups of four to five people, the work of each group is organized by a senior bailiff.

The workload of the senior bailiff of the district (city) court overseeing the work of the group should not exceed 70 percent of the workload of bailiffs included in the group.

The heads of the main departments of justice of the regional and Minsk city executive committees (hereinafter referred to as the main department of justice) and the chairmen of the respective courts bear personal responsibility for the selection of cadres of bailiffs.

In courts with the number of bailiffs from six units and more, specialization is introduced in the execution of enforcement proceedings. The bailiff executing the consolidated enforcement proceedings, united in accordance with paragraph 15 of this Instruction, is appointed by the chairman of the court.

Departure (departure) at the place of residence (place of stay) or location of the debtor or his property is carried out by a group of bailiffs in the amount of at least two people.

The bailiff is subject to compulsory state insurance in accordance with the law.

Bailiffs in the line of duty wear uniforms, have insignia, the descriptions of which are approved by the President of the Republic of Belarus.

Service certificates are issued to bailiffs in accordance with the law.

4. The organization of the activities of bailiffs of district (city), regional, Minsk city courts is carried out by the Ministry of Justice of the Republic of Belarus, the main departments of justice and the chairmen of regional, Minsk city courts.

The Ministry of Justice, in accordance with the tasks assigned to it:

implements state policy in the field of justice;

monitors the work of bailiffs to fulfill the tasks assigned to them;

organizes activities aimed at improving the professional training of bailiffs;

establishes the number of staff, determines the standards for the material and technical support of bailiffs, considers, within the competence, complaints about their actions;

develops projects of legislative and other normative legal acts on the issues of improving the activities of bailiffs.

Main departments of justice, regional, Minsk city courts:

organize the work and control the activities of bailiffs;

ensure control over the timely and complete execution of executive documents;

carry out the selection of candidates for the positions of bailiffs and maintain their reserve;

organize professional training and professional development of bailiffs, carry out their certification and recertification;

within the limits of their competence, they consider applications of citizens and legal entities on the execution of court orders by courts, take measures to improve this work;

analyze statistical data on the conduct of enforcement proceedings;

generalize the practice of execution of executive documents;

develop and submit proposals to the Ministry of Justice to improve the activities of bailiffs.

In courts, the general management of the activities of bailiffs is vested in the chairmen of the courts.

In accordance with the Regulations on the chairman of the district (city), inter-garrison military court of the Republic of Belarus and the Regulations on the chairman of the regional, Minsk city, Belarusian military courts of the Republic of Belarus, approved by the resolution of the Ministry of Justice of the Republic of Belarus dated June 30, 2005 N 32 (National register of legal acts Of the Republic of Belarus, 2005, N 109, 8/12845), presidents of courts:

organize the work of judges to control the correct and timely execution of executive documents;

conduct quarterly inspections of the work of each bailiff, drawing up inspection reports and discussing the results at operational meetings of the court;

at least once a month, check the state of the accounting book of deposit amounts by counting and reconciling the amounts received and issued with an extract from the bank's deposit account;

ensure prompt and real execution by bailiffs of executive documents.

Taking into account the ratio of the categories of enforcement proceedings, the number and qualifications of bailiffs, the chairpersons of the courts, by an appropriate order, approve the specialization in the execution of enforcement documents.

Control over the implementation of tasks assigned to bailiffs is carried out by judges and senior bailiffs.

The inspection reports indicate the existing shortcomings in the work of bailiffs, the reasons for their admission and measures aimed at eliminating them.

When transferring a bailiff to a new position or his dismissal, the chairmen of the courts organize a study of the activities of this bailiff, including compliance with the requirements of Chapter 24 of this Instruction, with the preparation of a certificate.

5. The competence of the bailiff includes issues of initiation of enforcement proceedings, control over voluntary execution, enforcement, return of a writ of execution to a recoverer, determination of expenses for execution of a court order, taking measures to establish the location of the debtor and other actions provided for by legislation and this Instruction.

6. In the exercise of obligations for the execution of enforcement documents, bailiffs are representatives of the authorities.

The legal requirements of a bailiff for the execution of executive documents are mandatory for all citizens, including officials, as well as legal entities throughout the territory of the Republic of Belarus.

Failure to fulfill or obstruct the execution of legal requirements of the bailiff, insult to his honor and dignity, violence against the bailiff, encroachment on his life, health and property or the threat of such violence or encroachment, as well as other actions that impede the performance of the duties assigned to him, entail responsibility in accordance with legislative acts.

Employees of the internal affairs bodies, within the powers granted to them by law, assist bailiffs in the performance of their official duties in cases where bailiffs are hindered from performing enforcement actions or their life and health are in danger.

In case of evasion of the debtor without good reason from appearing in court, the bailiff within three days has the right to make a submission to the judge on the issuance of a ruling on bringing the debtor in accordance with Article 169 of the Civil Procedure Code of the Republic of Belarus or draw up a protocol on an administrative offense under Article 24.6 of the offenses.

In case of non-fulfillment of the requirements of the bailiff, as well as non-fulfillment of a court order, court order or other act, the bailiff must draw up a protocol on an administrative offense under Articles 24.9, 24.10 of the Code of the Republic of Belarus on Administrative Offenses.

7. A bailiff may not participate in the execution of a writ of execution and is subject to challenge if he is personally directly or indirectly interested in the outcome of the case or is a relative of one of the parties or there are other circumstances that raise doubts about his impartiality. The challenge is decided by the judge. The ruling on the refusal to challenge may be appealed or contested.

Filing a complaint or protest does not suspend the enforcement proceedings. All documents related to the issue of challenging a bailiff are attached to the relevant enforcement proceedings.

8. In case of recusal of a bailiff, an executive document on the basis of a court ruling is transferred to another bailiff of the same court, and in case of recusal of all bailiffs of this court, it is sent to another court through the main department of justice for execution with copies of all documents in the executive department. production.

9. A bailiff, when performing official duties for the execution of executive documents, has the right:

to consider issues on the initiation and termination of enforcement proceedings, on refusal to initiate enforcement proceedings, on the return of a writ of execution to the claimant and on the postponement of enforcement actions;

to summon citizens and officials to court on the basis of the executive documents in the proceedings;

request from citizens, officials, relevant legal entities information about accounts and deposits, including information about the existence of an account, its owner, number and other details of the account, the amount of funds on accounts and in deposits, as well as information about specific transactions, about operations on accounts and deposits, as well as property in storage, with the preparation of a request in the form in accordance with Appendix 1;

require managers and other officials to allocate specialists to clarify issues that have arisen during the execution;

upon presentation of a service certificate, freely enter the territory and premises occupied by the debtor, have access to warehouses, storage facilities, production and auxiliary premises and other facilities to check the availability of funds, valuable papers and other material values, unless otherwise provided by law. If necessary, with the participation of attesting witnesses, inspect the production, warehouse, trade and other premises of the debtor The opening of the premises in pursuance of a court order on moving in (eviction) is carried out in the presence of the debtor or his adult family members, and in their absence - with the participation of attesting witnesses, employees of the internal affairs bodies with the production of an inventory of all property located in the premises;

if necessary, seal the premises, storehouses and property of the debtor;

use non-residential premises for temporary storage of seized property with the attribution of storage costs to the debtor;

use the transport of the claimant or the debtor for the transportation of the property seized from the debtor with the attribution of the transportation costs to the debtor;

demand from citizens, officials, relevant legal entities to perform certain actions specified in the executive documents or aimed at their implementation;

in case of ambiguity or inaccuracy of the executive document, apply for clarification on the execution of the executive document in the form according to Appendix 2 to the court or the authority that issued it, to clarify its execution;

apply to a judge with a submission to issue a ruling and send it to the competent authorities to suspend the movement of goods or to temporarily restrict debtors of the right to leave the Republic of Belarus until they pay off the debt under executive documents;

to draw up, in accordance with part two of Article 3.30 of the Procedural Code of the Republic of Belarus on Administrative Offenses, protocols on administrative offenses against persons who do not fulfill the requirements of the bailiff or who do not comply with executive documents, a court order or other act;

on the basis of a court ruling, take measures provided for by law to secure a claim;

to seize the debtor's property and make an inventory of it;

to evaluate the property, inviting, if necessary, for these purposes an expert (specialist), and the assessment of residential buildings (apartments), other structures, buildings, structures, commercial and special purpose facilities and enterprises as a single property complex - with the obligatory participation of an expert (specialist) ;

sell the debtor's property at auctions, auctions, through commission shops, as well as in any other way provided for by law;

foreclose on the sums of money and property of the debtor held by other persons;

upon detection of forgeries, forgeries, other abuses, in accordance with the procedure established by law, seize the necessary documents, leaving an act of seizure and copies or an inventory of seized documents;

on the instructions of the judge, check the facts of non-acceptance by state bodies and officials of measures to implement the court order;

to carry out other measures provided by the legislation for the execution of executive documents.

The summons by the bailiff to the court of citizens and officials of legal entities is made by a subpoena in the form according to Appendix 3, which is sent by registered mail with notification of its delivery.

If necessary, the participants in the enforcement proceedings can be called by a telephone message or telegram, as well as using other means of communication that ensure the fixation of a notification or a call.

10. The bailiff makes decisions on (about):

initiation of enforcement proceedings according to the forms in accordance with Appendices 4, 5;

refusal to initiate enforcement proceedings in the form in accordance with Appendix 6;

return of the executive document without initiating enforcement proceedings in the form according to Appendix 7;

postponement of enforcement actions in accordance with Appendix 8;

return of the executive document to the claimant in the form according to Appendix 9;

the end of enforcement proceedings in the form according to Appendix 10.

The decision is signed by the bailiff and certified by the seal of the bailiff of the established form in accordance with Appendix 11.

The decisions of the bailiff may be appealed by the recoverer or the debtor, or protested by the prosecutor in the court at which the bailiff is a member, in the manner and terms established by the Civil Procedure Code of the Republic of Belarus.

Control over the use and storage of seals of bailiffs is carried out by the chairman of the court.

Accounting and storage of seals of bailiffs is carried out by a senior bailiff, appointed by the order of the chairman of the court as responsible, in the register of seals of bailiffs in the form in accordance with Appendix 12. Seals are stored in cabinets (safes).

11. The bailiff is obliged to use the rights granted to him in accordance with the legislation, while preventing infringement of the rights and legitimate interests of individuals and legal entities, to take all measures to timely, correct and complete execution of enforcement actions, to explain to the parties their rights and obligations, as well as promptly inform them about the measures taken and the results of enforcement actions, raise the issue before the court on bringing the perpetrators to justice for violations of the requirements of the law.

12. A bailiff, on the basis of a court ruling, shall take measures to ensure the execution of a court order no later than the day following the day of initiation of enforcement proceedings. Enforcement of an enforcement document is allowed in any provision of enforcement proceedings, if failure to take enforcement measures may complicate or make impossible the execution of enforcement documents.

Measures to ensure the execution of the court order are:

the seizure of the debtor's property, including the debtor's funds within the amount required for the execution of the court order and reimbursement of expenses for the execution of the court order, held by him or other persons;

seizure of the debtor's property held by him or other persons;

prohibition of the debtor to perform certain actions;

prohibition of the debtor to use the property belonging to him or the establishment of limits for the use of property;

sealing of the debtor's property;

seizure of title documents, including securities;

prohibition of other persons to transfer property to the debtor or to fulfill other obligations in relation to him;

other measures established by law.

If necessary, several measures can be taken to ensure the performance of enforcement actions.

It is allowed to replace one measure of ensuring the performance of enforcement actions by another. The issue of replacing one measure of ensuring the performance of enforcement actions by another is considered by the court on the proposal of the bailiff or the statement of the parties, the prosecutor. Consideration of the issue of replacing one measure of ensuring the performance of enforcement actions by another does not suspend the application of previously established measures of security.

13. The bailiff immediately (with the submission of available documents) informs the chairman of the court about the abuses, offenses and other violations of the law revealed during the execution of the executive document.

14. Enforcement according to executive documents is carried out by a bailiff of the court in the area of \u200b\u200boperation of which the debtor lives or works, or at the location of his property (if the debtor is a legal entity - at the location of the executive body of this person or at the location of his property).

If, in the process of execution of the court order, the place of residence (place of stay) or the location of the debtor and the property, which could be foreclosed at the previous place of residence (place of stay) or location of the debtor, has not been left, the bailiff submits a submission to the judge for permission the issue of sending a writ of execution to the court at the place of residence (place of stay) or location of the debtor, which contains information about the location of the debtor or his property.

The issue of sending a writ of execution to another court is resolved by the court within three days from the date of receipt of the bailiff's submission.

The bailiff sends a writ of execution for execution to the court at the new place of residence (stay) or location of the debtor with a copy of this ruling attached no later than the next day after the court makes the ruling. When sending a writ of execution to another court, the recoverer is notified by sending a copy of the cover letter to him.

When sending a writ of execution from one court to another within the region, the city of Minsk, in addition to a copy of the court ruling, copies of the answers received by the court from the registering authorities, state notary offices and from private notaries and confirming the property status of the debtor are attached to it.

Copies of the answers are attached, provided that no more than four months have elapsed from the moment they were received until the need to send a writ of execution to another court.

It is prohibited to send a writ of execution for execution to another court or at the place of work of the debtor in the absence of reliable (documented) information about the location of the debtor, property or about the place of his work.

Reliable (documented) is the information of the registration authorities, state notary offices, private notaries, address and reference bureaus, divisions for citizenship and migration of internal affairs bodies, military commissariats, bodies for labor, employment and social protection of the population, housing maintenance services, with the debtor's place of work, etc.

The execution of decisions obliging the debtor to perform certain actions is carried out by the court at the place of such actions.

Under the initiated enforcement proceedings, the bailiff cannot carry out enforcement actions outside the served territory. In cases where the debtor has property located on the territory of different areas served by several courts, the court, which initially received the enforcement document, on the basis of the determination, instructs another court to carry out separate enforcement actions.

The interaction of bailiffs of general courts and the Service of bailiffs of economic courts in the Republic of Belarus is carried out in accordance with the Instruction on the procedure for interaction of bailiffs of general courts and the Service of bailiffs of economic courts in the Republic of Belarus, approved by the Resolution of the Ministry of Justice of the Republic of Belarus of November 22, 2006 N 73 (National register of legal acts of the Republic of Belarus, 2006, N 202, 8/15385).

The interaction of bailiffs of district (city) courts and bailiffs of regional, Minsk city courts is carried out in accordance with the procedure established by the Instruction on the procedure for interaction of bailiffs of district (city) courts and bailiffs of regional, Minsk city courts, approved by the resolution of the Ministry of Justice of the Republic of Belarus dated December 15 2006 N 83 (National Register of Legal Acts of the Republic of Belarus, 2007, N 6, 8/15528).

15. In cases where several enforcement proceedings have been initiated against the same debtor, they are combined into a consolidated enforcement proceedings. Under the consolidated enforcement proceedings, the debtor's property is seized within the limits of the total amount of recovery and the costs of executing the enforcement document, which makes it possible to execute all enforcement documents, regardless of the arrests of the debtor's property made to secure another claim (claims).

If enforcement proceedings against the same debtor are initiated in several courts of the region (Minsk city), then they are combined into a consolidated enforcement procedure, which, on the basis of the order of the head of the main department of justice, is transferred for execution to the court at the place of residence of the debtor or the location of the executive organ legal entity.

If enforcement proceedings against the same debtor are initiated in courts of different regions (Minsk), then the fulfillment of the requirements specified in part one of this paragraph is carried out by the Minister of Justice of the Republic of Belarus or his deputy.

In order to implement the requirements of this paragraph and monitor the state of execution by the main departments of justice and the Ministry of Justice of the Republic of Belarus, an automated information system for conducting initiated enforcement proceedings (AIS VIP) is being maintained.

16. Enforcement actions are performed by bailiffs, as a rule, on working days from 06.00 to 22.00. The specific time of execution of enforcement actions is determined directly by the bailiff.

When determining the time for the execution of enforcement actions, the duration of specific actions, the time of travel to the place of their commission and other circumstances are taken into account.

If the enforcement actions were started by the bailiff before 22.00, then they can be continued later until their end.

Execution of enforcement actions on non-working days established by law, as well as from 22.00 to 06.00 local time, is allowed in urgent cases and on the basis of the decision of the judge of the court with which the bailiff is. Enforcement actions are also allowed to be performed when, through the fault of the debtor or other interested persons, their commission on other days or other times may complicate or make impossible the execution of the enforcement document.

17. The expenses necessary for the execution of the executive document, including the storage and transportation of the debtor's property, the organization and conduct of the auction, the payment of experts and specialists, the payment of the bailiff's travel to the place of the execution actions, are made according to the estimate of the court at which bailiff.

These costs, with the exception of the costs of organizing and holding the auction, are recovered from the debtor in favor of the state, as determined by the court, regardless of the collection of property from him, including money, according to the document being executed.

In the case of the sale of the debtor's property at auction, the buyer of the property shall reimburse the costs of organizing and holding the auction, including the costs associated with the production and provision of the documentation necessary for their holding to the participants. The amount of such reimbursement should not exceed the amount of actual costs for organizing and holding tenders, preparing the documentation necessary for their conduct, and also include the costs of previously held ineffective tenders in the event of re-listing the property for tenders.

18. In case of compulsory execution of actions on property foreclosures, according to the court ruling, the debtor is additionally charged five percent of each amount collected by the bailiff. These funds are credited to the deposit account of the corresponding district (city), regional, Minsk city courts. The district (city) court within three working days directs the indicated funds to the account of the relevant main department of justice.

The main departments of justice, regional, Minsk city courts, the Ministry of Justice of the Republic of Belarus use these funds to reward senior bailiffs, bailiffs, as well as to improve the material and technical base of courts aimed at ensuring the activities of bailiffs, primarily those courts, from which the funds were received.

At the same time, of all the funds collected for the compulsory execution of enforcement actions (in the amount of five percent) and received at the account of the relevant main department of justice, regional, Minsk city courts, at least twenty-five percent should be used to remunerate bailiffs.

The remuneration payable to the senior bailiff of the regional, Minsk city, district (city) courts, bailiffs of the district (city) courts are paid in accordance with the procedure established by Chapter 25 of this Instruction, for each individual enforcement proceeding and are recorded in the book of accounting for the payment of remuneration to judicial performers in the form according to Appendix 13.

A court ruling on the collection of expenses for the execution of a court order and the collection of an amount of five percent for compulsory execution may be appealed or protested in the manner prescribed by the Civil Procedure Code of the Republic of Belarus.

19. Expenses for the transfer (forwarding) by mail to the recoverer of the recovered amounts are related to the costs of enforcement actions and are borne by the debtor.

20. The measures of compulsory execution include the following actions of the bailiff, undertaken by him to execute the court order:

foreclosure on the debtor's funds by seizing and writing off the debtor's funds held in banks and credit institutions after the expiry of the period for voluntary execution;

suspension of debit transactions on the debtor's accounts;

foreclosure on the debtor's property by seizure, sale of property;

foreclosure on the sums of money and property of the debtor held by other persons by seizure and seizure (transfer);

arrest and seizure from the debtor and transfer to the recoverer of certain property specified in the court order, after the expiration of the period for voluntary execution;

temporary restriction of the debtor's right to leave the Republic of Belarus;

other legal measures to ensure the execution of the court order.

21. Compulsory execution of a writ of execution is carried out by a bailiff after the expiration of the term for voluntary execution.

Compulsory enforcement actions cannot include sending requests to the State Registration and Land Cadastre Agency, the State Automobile Inspectorate of the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Taxes and Duties of the Republic of Belarus, banks and other financial organizations, since they do not force the debtor to comply executive document.

After the bailiff has taken actions to enforce property claims, the bailiff must, within three days, send the judge a submission to recover the costs of enforcement with the attachment of the calculation of the amounts spent and to recover from the debtor a sum of five percent for compulsory enforcement, indicating the end of the period provided to the debtor for voluntary execution, and (or) the period specified in the court order, the measures taken by him earlier for execution, by attaching the calculation of the amount to be recovered for the enforcement of the court order.

22. Enforcement actions are performed by bailiffs or in the presence of at least two attesting witnesses.

Attesting witnesses are present during the execution of enforcement actions in the following cases:

at the request of the claimant, the debtor or by agreement between them;

at the initiative of the bailiff;

when performing actions related to the seizure of the debtor's property, opening of its premises and storage facilities, if the debtor or his representative is not present;

in order to suppress possible opposition of the debtor to the commission of enforcement actions;

in other cases when the presence of attesting witnesses is mandatory in accordance with the law.

Persons who are not interested in the outcome of the case (in the amount of at least two) are invited as attesting witnesses to certify the course and results of the procedural action.

Cannot be understood:

persons who have not reached the age of majority;

persons recognized as legally incapacitated or partially incapacitated;

persons who, due to physical or mental disabilities, are not able to correctly perceive the fact of the production of a procedural action, its course and results.

An attesting witness is obliged to certify the fact of the enforcement actions, the content and results of the enforcement actions, during which he was present. An understandable person has the right to know for what enforcement actions he is invited, on the basis of which executive documents they are being performed, to make statements and comments about the actions taken. The attesting witness's remarks must be entered into the act of the corresponding enforcement action. Before the start of enforcement actions, in which the attesting witnesses participate, the bailiff explains to them their rights and obligations.

23. The parties in the enforcement proceedings are the recoverer (the person in whose favor the enforcement document is executed) and the debtor (the obligated party).

Individuals or legal entities can be claimants and debtors.

The recoverer is a citizen or organization in whose favor or in whose interests the executive document was issued.

A debtor is a citizen or an organization obliged by an executive document to perform certain actions (transfer funds and other property, fulfill other obligations stipulated by the executive document, or refrain from committing them).

The claimant has the right to demand the compulsory execution of the court order. The recoverer and the debtor have the right to be present when the bailiff performs actions on the execution of the court order, the right to appeal against the actions (inaction) of the bailiff, to receive from him certificates related to the execution of the court order, as well as to use other rights provided for by the Civil Procedure Code of the Republic of Belarus for legally persons interested in the outcome of the case.

Until the end of the enforcement proceedings, the parties have the right to conclude an amicable agreement between themselves.

The settlement agreement concluded by the claimant and the debtor in the process of execution is submitted to the bailiff in writing, who, within three days, submits it to the judge to resolve the issue of its approval.

The representative participating in the enforcement proceedings, in the presence of a properly executed power of attorney with the powers stipulated in it, has the right to perform on behalf of the represented all actions related to the enforcement proceedings.

Attested copies of court documents drawn up for enforcement proceedings, as well as written certificates are issued by the bailiff to the parties to the enforcement proceedings, to persons whose rights are affected by the enforcement, and their representatives upon a written application with the permission of the chairman of the court or a judge with payment, in appropriate cases, of the state duty on the day of application to court. These statements (and in cases involving payment of the state fee, and a document confirming its payment) are attached to the enforcement proceedings.

SECTION II EXECUTIVE PRODUCTION

CHAPTER 3 BASIS FOR PERFORMANCE AND SUPPLEMENTING DOCUMENTS

24. Enforcement proceedings are conducted in Belarusian and (or) Russian.

According to the rules set out in this Instruction, the following court orders and other acts are subject to execution:

decisions, rulings and rulings of civil courts, as well as settlement agreements, agreements on children approved by the courts;

sentences, rulings and rulings of courts in criminal cases in terms of property penalties;

decisions of courts, other state bodies and officials in terms of property penalties in cases of administrative offenses;

executive notices of state notary offices and private notaries, the execution of which, in accordance with the legislation, is attributed to the competence of general courts;

decisions of the arbitration courts of the Republic of Belarus, including arbitration tribunals specially created to consider individual cases, if a party to the case is a citizen who is not an entrepreneur carrying out his activities without forming a legal entity;

resolutions of the State Control Committee of the Republic of Belarus on property penalties from citizens who are not entrepreneurs who carry out their activities without forming a legal entity;

decisions of foreign courts, including arbitration (arbitration) courts, in cases stipulated by international treaties, if a party to the case is a citizen who is not an entrepreneur carrying out his activities without forming a legal entity;

decisions of comradely courts on property penalties;

decisions of labor dispute commissions;

marriage contracts, agreements on the maintenance of their minors and (or) disabled adult children in need of help;

other acts in cases provided by law.

25. A writ of execution is a document containing requirements for imposing on the debtor the obligation to transfer money and other property to the recoverer or to perform certain actions in favor of the recoverer (refraining from performing these actions).

Executive documents are:

writ of execution issued on the basis of decisions, sentences, rulings and orders of courts (judges), amicable agreements, agreements on children approved by the court, decisions of arbitration courts of the Republic of Belarus, decisions of foreign courts, including arbitration (arbitration), if a party to the case is a citizen who is not an entrepreneur carrying out activities without forming a legal entity, decisions of comrade courts, marriage contracts, agreements on the maintenance of his minors and (or) disabled adult children in need of assistance and other acts, if provided by law;

determination of judges on the court order;

decisions of prosecutors to evict administratively;

executive inscriptions of state notary offices and private notaries;

decisions of commissions on affairs of minors on monetary penalties;

decisions of state bodies and officials in terms of property penalties in cases of administrative offenses;

resolutions of the State Control Committee of the Republic of Belarus on property penalties from citizens;

certificates of commissions on labor disputes;

other acts, if by virtue of the law they are executive documents and are subject to execution by the court.

26. A writ of execution on the basis of court orders is issued by a court of first instance to a claimant after the decision, sentence, ruling, or decision enters into legal force, except in cases of immediate execution, when a writ of execution is issued immediately upon the issuance of a court order.

At the request of the claimant, the writ of execution is sent for execution directly by the court.

In cases of confiscation of property, collection of sums of money to the state income, collection of alimony, collection of expenses spent by the state for the maintenance of children who are supported by the state (hereinafter referred to as the cost of maintaining children), collection of money in compensation for harm caused to the life or health of a citizen, collection in compensation for harm caused by a crime, collection of sums of money from officials guilty of illegal dismissal or transfer of an employee or failure to comply with a court decision on reinstatement at work, the court, on its own initiative, sends a writ of execution for execution, which notifies the claimant.

27. One writ of execution is issued for each court order. In cases where the execution of a court order must be carried out in different places or a court order is issued in favor of several plaintiffs or against several defendants, at the request of the claimants, the court may issue several executive documents with a precise indication of the part to be executed under this writ of execution.

When collecting sums of money from joint defendants, several writs of execution may be issued according to the number of joint defendants. Each writ of execution must indicate the total amount of the recovery and list all the defendants, indicating their joint liability.

28. In case of loss of the original of the executive document, the basis for recovery is its duplicate, issued in accordance with the procedure established by the Civil Procedure Code of the Republic of Belarus by the court or other body that issued the lost original of the executive document.

A duplicate of the executive document is not issued if the executive document has already been executed or is not subject to execution after the expiration of the limitation period, which has not been restored in the manner prescribed by law.

29. The executive document must indicate:

name of the court or other body that issued the enforcement document, surname, proper name, patronymic of the judge or the corresponding official;

the number of the case or material for which the executive document was issued;

date of adoption of a court order or other act to be executed;

the nature of the performance and the deadline;

surname, first name, patronymic of the claimant and the debtor (natural person), their place of residence (place of stay), date and place of birth of the debtor, place of work;

name of the claimant or debtor (legal entities), their location, bank details;

the operative part of a court order or other act, containing requirements for imposing on the debtor the obligation to transfer money and other property to the recoverer or to perform certain actions in favor of the recoverer (refraining from performing these actions);

the date of entry into force of a court order or other act;

the date of issue of the executive document and the deadline for presenting it for execution.

In the event that a court order was issued on the basis of a decision of a foreign court, in addition to the information specified in part one of this paragraph, it must contain the name and location of the court on the basis of which the court order was issued.

In cases of compensation for damage caused by a crime and confiscation of property to the state, the writ of execution must indicate the article of the Criminal Code of the Republic of Belarus, according to which the debtor is convicted.

In cases of the recovery of alimony, expenses for the maintenance of children, the writ of execution shall indicate the surname, first name, patronymic, date and place of birth of the child for whose maintenance the said payments were awarded.

The executive document may contain other information necessary for its execution.

A writ of execution issued on the basis of a court order is signed by the judge who directly issued the given court order and certified by the official seal of the court.

An executive document issued on the basis of an act of another body is signed by an authorized official of this body and certified by the seal of the body or person that issued it.

The executive document is filled in, as a rule, in typewritten text.

CHAPTER 4 PROCEDURE FOR ACCEPTANCE OF EXECUTIVE DOCUMENTS, TERMS OF SUBMISSION OF THEIR FOR EXECUTION AND TIME OF EXECUTION OF EXECUTIVE DOCUMENTS

30. Reception and registration of executive documents are carried out on the principle of territoriality in accordance with paragraph 14 of this Instruction and in the manner established by the Instruction on record keeping in the district (city) court of the Republic of Belarus, approved by order of the Ministry of Justice of the Republic of Belarus of October 18, 2001 N 311 ( National register of legal acts of the Republic of Belarus, 2001, N 110, 8/7435), and the Instruction on office work in regional, Minsk city courts of the Republic of Belarus, approved by order of the Ministry of Justice of the Republic of Belarus dated December 10, 2001 N 398 (National register of legal acts of the Republic of Belarus, 2002, N 2, 8/7543).

Accounting for executive documents is carried out in the manner prescribed by Chapter 23 of this Instruction.

31. A writ of execution in a case, as well as a ruling on a court order, may be submitted for compulsory execution within three years from the date of entry into force of the court decision (except for cases of immediate execution, when a writ of execution is issued immediately upon the issuance of a court order).

The deadlines for the presentation for execution of other executive documents listed in paragraph 25 of this Instruction are determined by the relevant legislation.

32. With regard to decisions on the recovery of periodic payments (in cases of the recovery of alimony, on compensation for harm caused by damage to health, and others), the executive documents remain in force for the entire period for which the payments were awarded. In these cases, the periods are calculated for each payment separately and their course begins from the date of the due date of each payment.

33. The course of the statute of limitations for the presentation of executive documents is suspended if there are grounds provided for by the Civil Code of the Republic of Belarus for the suspension of the terms limitation period.

34. The limitation period for presenting a writ of execution for execution is interrupted by the presentation of a court order for execution, unless otherwise provided by law.

If one or both parties to the case are citizens, the limitation period is interrupted by the partial execution of the decision.

After the break, the limitation period begins again, and the time that has elapsed before is not included in the new period.

In the event of the return of a writ of execution, for which no collection has been made in full or in part, the calculation of a new period for presenting the document for execution begins from the day it is returned to the claimant.

35. Claimants who missed the statute of limitations for the presentation of executive documents for execution for reasons recognized by the court as valid, the missed statute of limitations may be restored by the court in the manner prescribed by the Civil Procedure Code of the Republic of Belarus, unless otherwise provided by legislative acts.

36. The requirements contained in the writ of execution must be executed by the bailiff within four months from the date of initiation of the enforcement proceedings.

The period specified in part one of this clause does not include:

time from the moment of suspension until the resumption of enforcement proceedings;

time of deferral (payment by installments) of execution of the executive document;

the time from the moment of filing an application for the removal of a bailiff and until the application is considered by the court;

time from the moment the bailiff applied to the authority that issued the executive document, with a request to provide clarifications on its execution;

the time from the moment the order was issued to search for the debtor until the end of the search;

time from the moment of appeal and protest against the actions of the bailiff.

The term specified in the fourth, fifth, sixth, seventh paragraphs of the second part of this clause is not restrictive and does not serve as a basis for the bailiff to terminate enforcement actions.

The calculation of the terms for the execution of enforcement actions is carried out in accordance with the requirements of Chapter 17 of the Civil Procedure Code of the Republic of Belarus.

CHAPTER 5 EXCITATION, TERMINATION, END OF THE PERFORMANCE PROCEEDINGS, RETURN OF THE EXECUTIVE DOCUMENT TO THE EXECUTOR

37. The bailiff initiates enforcement proceedings within three days after receiving the duly executed enforcement documents and an oral or written statement from the claimant. In addition, enforcement proceedings are initiated by a bailiff on the initiative of a prosecutor, a court, other state bodies, legal entities and citizens who, on their own behalf, protect the rights of other persons, in cases stipulated by the Civil Procedure Code of the Republic of Belarus.

The application and the executive document may be sent by the claimant or the body that issued the executive document to the main department of justice for further referral to the court at the location of the debtor or his property. In this case, the executive document must be sent by the main department of justice to the court for execution no later than five days from the date of its receipt.

The claimant's application must contain all the information he knows about the debtor.

In case of re-presentation for execution of a writ of execution, according to which the collection has not been carried out in full, the claimant additionally submits to the documents sent (transferred) for execution:

a copy of the decision of the bailiff to return the writ of execution to the claimant

a copy of the act on the impossibility of collection;

reliable information about the debtor's possession of property or funds, or information about the location of the debtor, if the court order was returned to the claimant due to the impossibility of establishing the address of the debtor-organization or the place of residence of the debtor-citizen (if any)

The bailiff, having checked the correctness of the execution of the court order, the existence of the right to enforceable execution and compliance with the procedure for its implementation, issues a resolution to initiate enforcement proceedings, in which it provides the debtor with a time limit for voluntary execution, except for the cases specified in the first part of paragraph 38 of this Instruction.

At the same time, the bailiff makes an entry on the enforcement document indicating the date of initiation of enforcement proceedings.

At the petitions of the bailiff of the economic court or the bailiff of the regional, Minsk city courts, for which a separate enforcement action is to be carried out, the bailiff initiates proceedings to execute the petition for the performance of certain procedural actions in the form in accordance with Appendix 14.

The bailiff initiates enforcement proceedings without an application from the claimant in cases where the enforcement document is sent for execution to the bailiff directly by the body that issued or sent it for execution.

A copy of the resolution on the initiation of enforcement proceedings (hereinafter referred to as the resolution) shall be sent (handed over) to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus - to other participants in the enforcement proceedings no later than the next day after its issuance.

The decree is handed over to the debtor, as a rule, against receipt of receipt with an indication of the time of delivery, or sent to his place of residence by registered mail with a return acknowledgment of delivery. In the absence of the debtor, the decree is handed over to one of the adult members of his family living with him, and in their absence - to an employee of the housing maintenance service or the administration at the place of work. In these cases, the person who adopted the decision is obliged to indicate on the receipt for receiving the decision his surname, first name, patronymic, as well as his attitude towards the debtor or the position held (for example, husband, father, head of the institution).

If the debtor or a member of his family refuses to accept the decision or to issue a receipt for its receipt, the delivering person makes a note about this and returns the decision to the court, and the bailiff draws up an act about this.

The refusal of the debtor or a member of his family from the adoption of the decision or from the issuance of a receipt for its receipt is not an obstacle for the bailiff to take compulsory measures to execute the court order after the expiration of the period specified in the decision.

Upon receipt of an executive document on the recovery of expenses for the maintenance of children, on compensation for damage caused by a crime to citizens and legal entities, on the recovery of benefits paid to minor children during the search for their parents, as well as on other penalties made to the state income in court, in In connection with the dismissal of the debtor from work, serving his sentence, parole, new enforcement proceedings are not initiated. The bailiff is executed within the framework of the previously initiated enforcement proceedings.

38. The bailiff does not set a time limit for voluntary execution in the following cases:

if the deadline is specified in the executive document;

if the executive document is subject to immediate execution;

if a court order on the confiscation of the debtor's property, on the imposition of an administrative penalty in the form of a fine, on the recovery of a fine in a criminal case is subject to execution;

if the time limit has expired for appealing the court ruling on the recovery of the execution costs from the debtor;

if the writ of execution is presented by the recoverer again (after the return of the court order in the manner prescribed by paragraphs 42 - 45 of this Instruction);

if the court order was submitted to the court again in connection with the debtor's dismissal from work, the serving of his sentence, parole and so on.

If there are circumstances that give reason to believe that the debtor may squander or hide the property, the bailiff is obliged to take measures to ensure the execution of the enforcement document simultaneously with the issuance of a decision to initiate enforcement proceedings.

39. Immediate (not later than the day following the day of initiation of enforcement proceedings) execution shall be subject to judicial decisions:

on the award of alimony;

on the collection of expenses for the maintenance of children;

on the award of periodic payments in compensation for harm caused to the life or health of a citizen;

on awarding wages to the employee, but not more than one month;

on the reinstatement of an unlawfully dismissed or transferred employee at work;

on the employment of a person who is unemployed or working, but does not fully reimburse the expenses for the maintenance of children within six months;

on the imposition of administrative penalties in the form of administrative arrest or deportation;

on the drive, the seizure of property, issued as measures to ensure the administrative process;

in other cases, if the resolution (act) indicates that it is subject to immediate execution;

in other cases provided for by law.

40. The bailiff refuses to initiate enforcement proceedings:

if there is a court ruling on acceptance of the recoverer's refusal to collect;

if there is a court ruling on the approval of an amicable agreement between the claimant and the debtor;

if after the death of a citizen or liquidation of a legal entity that was a recoverer or a debtor, the claims or obligations cannot pass to their successors;

in other cases stipulated by legislative acts.

On the refusal to initiate enforcement proceedings, the bailiff shall issue a resolution.

The decision on refusal to initiate enforcement proceedings is issued by the bailiff no later than three days from the date of receipt of the executive document and the application for the initiation of enforcement proceedings.

The bailiff, no later than the next day after the issuance of a decision to refuse to initiate enforcement proceedings, shall send (serve) a copy of the order to the person who has announced the initiation of enforcement proceedings.

The enforcement document is subject to return to the claimant or to the court or another state body, other organization, to the official who issued this document, after the expiration of the period for appealing or protesting against the decision of the bailiff to refuse to initiate enforcement proceedings, provided for by the Civil Procedure Code of the Republic of Belarus.

41. The bailiff returns the writ of execution to the person who has announced the initiation of enforcement proceedings, without initiating enforcement proceedings in the following cases:

detection of irregularities in the execution of the executive document;

filing a writ of execution not at the place of execution;

violation of the conditions provided for in part one of clause 37 of these Instructions.

In this case, the bailiff, no later than three days from the date of receipt of the writ of execution and the application for the initiation of enforcement proceedings, issues a resolution on the return of the executive document.

The bailiff, no later than the next day after the issuance of the order on the return of the enforcement document, sends (hands) a copy of the order to the person who announced the initiation of enforcement proceedings.

The return of the writ of execution is not an obstacle for a new presentation of the executive document for execution after the elimination of the violations noted by the bailiff.

42. Enforcement proceedings shall not be initiated for enforcement documents, according to which the limitation period for presentation for execution has expired, except for cases of restoration of this period.

A writ of execution, according to which, after the initiation of enforcement proceedings, collection was not carried out or was performed incompletely, is returned to the claimant:

at the request of the claimant;

if the debtor does not have property or income on which collection can be levied;

if the claimant refused to retain the debtor's property not sold during the execution of the court order;

if it is impossible to establish the address of the debtor-organization or the place of residence of the debtor-citizen, the location of the property of the debtor, or to obtain information on the availability of funds and other valuables belonging to him that are in accounts and deposits or deposited in banks or other non-bank financial organizations, when search for the debtor;

in case of detection of incorrect execution of the executive document;

if the deadline for the presentation of the executive document for execution is violated;

if the claimant by his actions (inaction) interferes with the execution of the court order;

if the debtor, obliged to reimburse the expenses for the maintenance of children, is recognized as incapable or cannot fulfill parental responsibilities for health reasons according to the list of diseases approved by the Ministry of Health of the Republic of Belarus in accordance with part three of Article 93 of the Code of the Republic of Belarus on Marriage and Family, on the basis of the conclusion of a medical an advisory committee issued by a public health organization.

In the cases specified in the third, fourth, fifth and eighth paragraphs of the second part of this clause, the bailiff draws up an act on the impossibility of collection in the form in accordance with Appendix 15.

The bailiff issues a resolution on the return of the writ of execution to the claimant.

The bailiff, no later than the next day after the issuance of the order on the return of the court order, sends (hands over) a copy of the order to the parties, and in the cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings.

The decision on the return of the writ of execution to the claimant on the grounds specified in paragraphs three, four, fifth and eighth of part two of this clause shall be made by the bailiff after the judge approves the act on the impossibility of collection.

43. The act on the impossibility of collection is approved by the judge after the bailiff has checked the property status of the debtor at his place of residence (stay), finding and receiving information to the court confirming the absence of other property and funds belonging to the debtor.

The judge, when approving the act on the impossibility of collection, checks the correctness of the information specified in it, whether the bailiff has taken all the necessary measures to search for the property and funds of the debtor, whether the inventory of the property has been drawn up correctly, whether the recoverer or his representative was invited to be present during the production of the inventory of the property, whether it was completely preserved the property described and other facts. If necessary, the judge summons and interrogates the claimant about the presence of the debtor's property and funds that were not identified when drawing up the act.

If, as a result of checking the enforcement proceedings and the act on the impossibility of collection, the judge considers that not all measures have been taken by the bailiff to identify the property and funds of the debtor, he gives instructions to the bailiff to take additional measures to search for the property and funds of the debtor and levy collection on them ...

44. After the judge approves the act on the impossibility of collection and the bailiff has issued an order to return the enforcement document to the recoverer, the bailiff returns the enforcement document to the recoverer along with a copy of the act on the impossibility of recovery and a copy of his decision.

If the recoverer again goes to court with a statement about the reliable information that the debtor has about the debtor's property or funds, which, in accordance with the law, can be levied, or indicating the place of residence or work of the debtor, the bailiff within the framework of the newly instituted enforcement production is obliged to carefully check such a claim of the claimant and, upon its confirmation, to foreclose on the revealed property, money and income of the debtor.

The return of the executive document to the recoverer is not an obstacle to the new presentation of this document for execution within the period established by the Civil Procedure Code of the Republic of Belarus.

45. The issue of returning the writ of execution to the claimant is considered by the bailiff with the notification of the parties.

The failure to appear of the parties, duly notified of the time and place of consideration of the issue of returning the executive document to the claimant, is not an obstacle to its resolution.

46. \u200b\u200bEnforcement proceedings shall be terminated by the court in the following cases:

if the claimant refused to collect and the refusal was accepted by the court;

if the recoverer and the debtor have entered into an amicable agreement, which is approved by the court;

liquidation of a legal entity that is a claimant and the absence of its legal successor or insufficient property of the legal entity being liquidated - a debtor to satisfy the claims of a claimant and the debtor has no legal successor;

death of a claimant-citizen or debtor-citizen, declaring him deceased, recognition as missing, if the requirements or obligations established by a court order or other act cannot pass to the legal successor or manager of the property of the missing person;

if the statutory limitation period has expired for this type of collection;

if the court order or other act on the basis of which the executive document was issued is canceled;

the recoverer's refusal to receive items confiscated from the debtor during the execution of the executive document on their transfer to the recoverer.

The bailiff, having established the existence of the circumstances for the termination of the enforcement proceedings, no later than the next day, sends the judge a presentation in the form according to Appendix 16 to resolve the issue of termination of the enforcement proceedings.

47. In cases of termination of enforcement proceedings, an executive document with a corresponding mark by the bailiff is sent to the court or other state body, organization, or the official who issued this document. All measures applied by the bailiff to ensure the execution of the court order are canceled. The terminated enforcement proceedings cannot be started again.

If the enforcement proceedings are terminated due to the conclusion of an amicable agreement, and one of the parties has not fulfilled the terms of the amicable agreement, the court, upon a written application from the other party, issues a writ of execution on the compulsory execution of the amicable agreement. The issued writ of execution is the basis for initiating new enforcement proceedings.

48. The issue of termination of enforcement proceedings is considered by the court with the notification of the parties.

Failure to appear of the parties duly notified of the time and place of consideration of the issue of termination of enforcement proceedings is not an obstacle to its resolution.

The ruling of the court on the termination of enforcement proceedings may be appealed or contested.

49. The enforcement proceedings ends with the bailiff's issuance of an order to terminate the enforcement proceedings after the fulfillment of the requirements set forth in the enforcement document, and the collection of a sum of five percent for the enforcement of the enforcement document, and the collection of additional costs for the enforcement of the enforcement document.

In this case, the bailiff makes an entry on the enforcement document indicating the date of the end of the enforcement proceedings.

The bailiff, no later than the next day after the issuance of the order on the end of the enforcement proceedings, sends a copy of the order to the parties, and in cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings.

The executed executive document is returned to the court or another state body, another organization, to the official who issued this document.

CHAPTER 6 SUSPENSION OF ENFORCEMENT PROCEDURES, SUSPENSION OF ENFORCEMENT PROCEEDINGS

50. The bailiff has the right to postpone enforcement actions at the request of the claimant to postpone enforcement actions in the form in accordance with Appendix 17 or on the basis of a judge's decision.

If there are circumstances that prevent the execution of enforcement actions, the bailiff, by his decision, postpones the enforcement actions for a period of not more than ten days at the request of the debtor or on his own initiative.

The bailiff, no later than the next day after the issuance of the order to postpone the enforcement actions, sends a copy of the order to the parties, and in the cases provided for by the Civil Procedure Code of the Republic of Belarus, to other participants in the enforcement proceedings, as well as to the court or other state body, other organization, official, issued the executive document.

51. Enforcement proceedings are subject to mandatory suspension by the court in the following cases:

the death of the debtor, declaring him deceased or declaring him missing, if the legal relationship established by the court allows for succession, as well as the initiation by the economic court of proceedings in the case of the debtor's bankruptcy;

loss of legal capacity by the debtor;

The Ministry of Justice approved the Instruction on Enforcement Proceedings, adopted to develop the Law of 24.10.2016 No. 439-Z "On Enforcement Proceedings" (hereinafter - the Law). The instruction entered into force on May 16, 2017.

Withholding from earnings

The employer makes deductions from the earnings (income equivalent to it) of the debtor-citizen, including individual entrepreneurs, on the basis of the following sent by the bailiff:

Prescriptions and executive documents;

Resolutions on the foreclosure of salaries and income equated to it. This is also an executive document, which is sent, in particular, to the employer concurrently. .

In the order, the employer is asked to withhold a certain amount on a monthly basis and transfer it to the claimant or to the account of the compulsory enforcement authority. In addition, the amount and frequency of retention, the amount of debt (if any) are indicated.

Previously, the withheld amounts could be handed over to the claimant or sent by mail.

Note!

The claimant has the right, without initiating enforcement proceedings, to send the employer an application for the deduction of the debtor from the earnings (income equivalent to it). An executive document must be attached to the application. The lessee is obliged to transfer the withheld amounts on it to the claimant at the expense of the debtor.

The law establishes a uniform amount of deductions for economic and civil matters. This is not more than 50% of the amount of salary (income equivalent to it), from which taxes and compulsory insurance premiums... The exception is alimony, government spending on the maintenance of children, crime-related harm (material damage, moral harm, harm to life and health). Then the amount of deductions will be large .

Note!

The bailiff, at the request of the debtor, may determine a lower amount of deductions.

The list of incomes from which withholding is possible contains part 3 of Art. 103 of the Law, and the sequence is determined by parts 1 and 2 of Art. 122 of the Law.

It is necessary to transfer the withheld amounts to the recoverer or to the account of the compulsory enforcement authority within three days. The term is calculated from the moment when the debtor is paid earnings (other income).

Control of the accounting department of the employer

The correctness of deductions is systematically monitored by the bailiff. Now the employer must at least once a quarter provide him with information on deductions and the timing of the transfer of money.

Note!

The bailiff checks the correctness of the deductions and the timeliness of transfers not according to the approved schedule, but only if necessary. In particular, based on the statement of the claimant or the debtor.

Return of executive documents

The executive document, according to which the employer collected all the amounts, must be returned to the court, to another authority or to the issuer within three days. For example, a writ of execution is returned to a notary. Previously, the executive document was sent to the enforcement agency. Also, the employer must notify the full execution of the claimant and the bailiff.

When an employee leaves, the executive document must now be returned to the claimant within three days (formerly to the compulsory enforcement authority). The bailiff is informed about this.

If the foreclosures were carried out not on the basis of a proposal, but on the basis of a resolution on levying execution on earnings, then the resolution should be returned to the compulsory enforcement authority.

Bailiff's orders

The instruction established the forms of resolutions and other documents used in enforcement proceedings. This is, for example, a request form that a bailiff sends to banks and other organizations to obtain information about the debtor's money, other property, and whether he has an electronic wallet.

In the decision to suspend, in whole or in part, operations on the debtor's bank accounts, the bailiff now prohibits banks (as well as non-bank financial institutions) from opening other bank accounts for the debtor. As before, such a decision can be made in relation to third parties (for example, debtors of the debtor who do not comply with the orders of the bailiff).

Note!

On the orders of the bailiff, which are executive documents (for example, on the foreclosure on earnings, on the suspension of account transactions), there must be his signature and seal with the image of the State Emblem. Other decisions are stamped with the name of the enforcement authority and the personal number of the bailiff.

Earnings on shares

Although a citizen is a shareholder, he has every right to receive part of the income from the work of the organization / company, whose shares he acquired. Income is a type of dividend payment and can generate income throughout the life of the investor. Of course, if large companies, for example, such as Rosneft or Sberbank. But only about how to buy and how to make money on Gazprom shares for a private person, few ordinary people know.

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Legally, the spread of coronavirus could be the reason for the return of the tour voucher. At the same time, the travel agency must compensate the client 100% of its price on the basis of Art. 14 of the legislation "On the basics of tourist activities in the Russian Federation". This legislation says that a citizen will be able to demand the return of the full amount of the purchased tour package to the country, the trip to which is considered a danger to his well-being and life.

Registration of the return of finances for a trip, due to coronavirus

For a quick and timely return of finances for a tour, which they could not use, you need to contact a travel company and personally provide a written statement about it.

The law does not impose special conditions on the application form, so it can be drawn up by hand or printed on a printer, but the client's signature must be present.

The more time before the tour, the more chances to return your own money without difficulties. How much money can be returned depends on how the travel agency completed the order and whether it made a reservation for a hotel, cafe, and other services.

If the consumer has decided to abandon the trip and return the funds, the travel agency must confirm its own expenses, which it has actually incurred. Businessmen organizing the tour are not entitled to insistently request compensation for theoretical expenses. To confirm their own expenses on the part of tour operators, they must provide the originals:

1. tickets purchased for a specific client;
2. certificates, hotel booking with a mark of the entire list of services made;
3. orders, payment was made in reality - for meals, service as a transfer from the airport; insurance payments for all types of insurance for a specific client in the country of location;
4. advance payments for all types of services.

All these and other types of services must be actually paid on the day of application. The travel agency does not have the right to insistently ask for non-refund if the costs are laid down as dangers or as potential payments. Such payments are borne by the contractor conducting his own commercial activities, taking into account his personal business risk.

Determining the amount of return

The amount to be refunded for a canceled trip depends on the factor of acceptance of this opinion. Respectful Root Reason allows you to receive all the finances paid.

However, the customer does not always require receiving his own money. Probably a change in the date of departure for another period agreed by the parties. At the same time, when the travel agency has already incurred certain expenses, it will reimburse its own expenses from the funds paid. This provision is directly taken into account in Art. 32 of the Federal Law on consumer protection.

The agency will try to protect itself from possible financial losses, as a result of this, it takes into account the withholding of compensation from its own customer.

Therefore, it will not be easy to achieve 100% compensation of funds, since the company has already been able to pay for the hotel reservation, insurance payments and other expenses.

Remember! A number of tour operators include in the contract such requirements as:

1. in case of cancellation of travel for 30 days or more, the entire amount of the voucher is subject to compensation;
2. when the refusal is made in 20-25 days, 90% is due to the customer;
3. in 2-3 weeks - 70%;
4. for 1-2 - 50% of the cost;
5. when less than 7 days before departure - the customer loses all the money.

These requirements are considered indicative. Each travel agency includes in the contract points considered important. If the trip is disrupted due to the travel agency, the finances for the trip are subject to compensation in full.

However, in practice, this is rarely the case, since there are a large number of injured clients, and the travel agency has already suffered waste. In this case, the failed tourist will receive less from 5 to 25% of the total cost.

When to go to court

How to reimburse the finances for a trip if the travel agency, in the client's opinion, clearly unfairly limited the payment or completely deviated from it? In this situation, you should look for a competent lawyer for household conflicts or directly in the field of providing services and protecting consumer rights.

Another option is to contact the state structure - Rospotrebnadzor. In the latter case, a check can be carried out, and the company will be obliged not only to compensate the cost, but also a fine to the state if it acted unlawfully.

If the cancellation of the voucher was made in advance, then according to the requirements of the contract, signed and sealed and signed, the return of funds is obligatory.

Among the finances subject to return are all expenses actually not incurred by the travel agency. Such a list can include the return of finances for excursions, meals, hotel reservations. The general list is not limited.

Returning a voucher to a travel agency is not the only way out of the situation. The customer can also be offered the transfer of travel dates. This is the most painless and satisfying method for both parties to end an argument.

If you need to return finances for a previously paid voucher, you need to immediately contact the agency and tell all the problems. If it is not possible to contact directly, use the service of friends or family members, or - the services of a lawyer for negotiations with a travel agency.

If even after 1-2 months it is not possible to plan a trip, then the question arises whether it is possible to deviate from the tour and reimburse finances. The legislation upholds the consumer's right to withdraw from the purchase of travel offers. But at the same time, he also has the obligation to pay the expenses incurred by the travel agency.

If the conversations do not lead to anything, you will need to involve the state - a transition to Rospotrebnadzor or to legal proceedings. Going to court will make it possible to cover finances from uncompromising businessmen. However, it is worth taking into account other risks - time spent on legal proceedings or financial waste on representing interests by a lawyer.

Important!

Call 8-800-777-32-16.

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The surviving spouse's rights in legal inheritance

In general, the rights of the spouse during the inheritance of the property of the deceased husband / wife are no different from the rights of the rest of the heirs of the same line. However, it is necessary to note an exception, according to which all those things that were acquired by a married couple during their family life have a special status. After all, all the property that was acquired by legal and financial means during family life is joint, that is, common property, in which there are no certain shares of each of the spouses.

With all this, such a status of property does not in any way apply to situations of registration of an agreement on legal relations between a husband and wife. This also leaves some imprint on the rights of the still living spouses in terms of inheritance, as well as in terms of the procedure for its registration.

Rights and features of the spouse's actions in legal inheritance

The peculiarities of the rights of spouses in the process of hereditary relationships follow from the regimes of division and disposal of things in effect during the marriage of spouses. For example, the current legal framework provides for the operation of two modes: a contractual regime and a legal regime.

Under the contractual regime, after the death of one of the spouses, the role of a property agreement comes, which was concluded by the husband and wife during their lifetime. It is the property agreement that will determine what the husband has the right to inherit or what will go to the wife. Such a contractual regime makes it possible to determine the complexes of the property for which the inheritance will be opened after the death of the spouse.

In the case of the contractual regime, the spouses have equal rights to property, if it was bought in marriage, that is, during the marriage relationship. In this case, the inheritance will be open only to the share of the deceased spouse, and this share still needs to be allocated.

Marital share in inheritance

It is worth considering here that the recognition of the living spouse's rights to the property of the deceased spouse does not depend in any way on the views, actions or opinions of the other heirs. After all, the spouse has the right to allocate his own share, as well as the right to receive a share in the inheritance that appears after the death of the second spouse.

This right can be seriously limited if there is a written will of the deceased, in which he says exactly how to undress his property. Also, the rights may be limited if, in a written statement of will, the deceased spouse generally excluded the living spouse from the list of heirs. Finally, the rights of the living spouse can be severely curtailed if the living spouse has been identified as an unworthy heir by the relevant authorities.

Spouse's rights during inheritance

In general, all the rights of a spouse in an inherited relationship consist of two types of rights. It is a combination of rights such as inheritance and property rights.

The spouse who has outlived his soul mate also retains ownership rights to 50 percent of all the property that profited and appeared within the family during the spouses' marriage. This moment comes out of the institution of marriage, plus it is enshrined in both the civil and family codes.

The right of inheritance here lies precisely in the fact that the surviving spouse is usually called upon for compulsory inheritance by more than one (but this applies only to those cases in which there are either obligatory heirs or heirs of the first order), and here there is a moment of realization of his inheritance rights to general grounds. The share of the living spouse's inheritance will mainly depend on the total number of heirs, with the inheritance share for the spouse being equal to the shares of all other persons of the same line.

Former spouse's rights

According to the law, divorce is the exclusion of any statuses between an already ex-husband and wife. That is, to put it another way, the husband and wife become strangers. And, as a result, the former spouse is not an heir and inheritance is excluded if the following exceptions do not work:

1. the deceased spouse left his former soul mate as one of the heirs;
2. the deceased spouse has children up to 18 years old from the ex-spouse, and he, since he became the representative of the children by law, will have to accept their inheritance share;
3. the former but living husband / wife was dependent on the deceased wife / husband at the time of his death, because of which he may have full rights to receive the obligatory share.

It is not even possible to talk about shares within the framework of common property during inheritance for an already ex-spouse, because during a divorce, all property is divided both through the judicial authorities and on a voluntary basis.

In the event that there is no section and will not be, then all property, but, above all, real estate, will be considered as the property of the spouse in whose name the real estate was registered.

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The term wills in the regulatory legal acts of Russia?

The term will in jurisprudence has many definitions.

A will is an act of unilateral will of a person, which fixes his order regarding the sale of property and related personal non-property and property rights and obligations in case of death. It is a unilateral transaction, as a result of which the testator leaves behind a fixed order in writing, where the further fate of the owner's property after his death is decided. The document is recognized as a unilateral transaction because the compiler independently chooses the second subject of legal relations - the legal successor, the heir, who learns about the fact of the possible transfer of property after the death of the compiler of the paper. Information about the term and the main points of the will is contained in Art. 1118 of the Civil Code of the Russian Federation. Chapter 62 of the Civil Code of the Russian Federation is devoted to its main provisions and principles of compilation and implementation on the territory of Russia.

The document is drawn up in writing, the use of printing technology is prohibited. Not allowed electronic options document.

The form of drawing up and the procedure for certifying the document is dictated by the type of will.

Paper represents the process of inheritance by will. If a person did not draw it up during his lifetime, then after the death of his property it will be sold according to the law in accordance with related queues, which are sorted from relatives on the basis of blood.

The two types of inheritance are united only by the possible presence of a mandatory share in property for a certain social category, which may include, for example, dependents or disabled people. Even in the event that the compiler did not mention them in the will, they will still be allocated a share through the court in accordance with the regulatory legal acts of Russia, namely, Art. 1149 of the Civil Code of the Russian Federation.

The procedure for entering into inheritance by will?

Inheritance after death by will is a complex process in which the assignee must be extremely careful in order to prevent possible fraud, which is quite common in the modern world.

In order to enter into an inheritance, a person needs to come to a notary after the death of the compiler of the will and read out the text of this paper. The law allocates a certain time period for this, which should be observed, since after its expiration the right to join is closed.

Art. 1123 of the Civil Code of the Russian Federation speaks of the secrecy of the will, that is, a relative or another possible heir may not know about his position, which is why he will have to turn to a legal specialist to confirm or deny his status.

The procedure for inheriting the inheritance is as follows:

1. Collection of papers.
2. A trip to the notary who is assigned to the last address of the deceased.
3. Drawing up an application for further inheritance.
4. Payment of state fees for legal transactions.
5. Obtaining permission for entry and acceptance of property, which will be confirmed by special paper.

If a person drew up a closed type of will during his lifetime, then its text is read by a specialist in the family and witnesses only after 15 days from the day of death.

The term for the inheritance by will?

To inherit a Russian citizen, a period of 6 months is allocated, during which it is necessary to register the transfer of property. If a person misses this time period, he has the opportunity to restore it by going to court, but only for good reasons. These can be:

1. Ignorance of the death of the author of the administrative document.
2. A disease in connection with which a person has spent a long time in a medical institution.
3. Residence or travel to another country and the inability to leave it due to circumstances.
4. Misunderstanding and ignorance of the Russian language.

Proof documents are required to confirm the reasons. In accordance with them, the term is extended for another six months.

Documents for inheritance by will?

To enter the inheritance, a notary will require the following documents:

1. A paper confirming the fact of the death of a citizen, which must be obtained from the registry office.
2. The identity document of the heir.
3. Statement of desire to receive property.
4. A paper confirming the last residential address.
5. Administrative document.

The procedure for entering into an inheritance without a will?

If, after the death of a person, it turns out that the will was not drawn up, the procedure for entering into property according to the law in accordance with related queues will be slightly different:

1. Contacting a notary. He will help to collect the necessary documents that we mentioned earlier.
2. Assessment of the property of a deceased person using specialized companies.
3. Payment of state fees.

In this case, a person can contact any notary, regardless of the address of residence and registration of the deceased person.

The term for inheritance is the same - 6 months, but an extension is possible if there are good reasons for missing the time period.

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What inheritance by representation means

The Granting Right (GR) is an opportunity for descendants to become official and entitled heirs instead of their parents at the death of their parents before the person who left the inheritance. For example, if the son of a deceased father died earlier than he, while leaving children behind him, then during the distribution of the inheritance, part of the property belonging directly to him will only go to his children, who are the grandchildren of the testator's side (that is, the deceased grandfather). This is one of the classic examples of grandchildren's inheritance of inherited property on a PP.

But in life there are a large number of situations in which there are no heirs of the first stage. In such situations, the sisters and brothers of the deceased are potential heirs. If any of the sisters or brothers died earlier, while leaving children, the nieces or nephews of the testator's side, that is, the children of the deceased brother, can enter into inheritance rights under the PP.

PP is also used in relation to those relatives who occupy the third line of inheritance. In such cases, cousins \u200b\u200band brothers can enter into their legal inheritance.

Under what conditions PP inheritance works. How view inheritance works

The provision of legislation on inheritance under the PP is used under several conditions:

1. The death of the mother or father as direct heirs occurred either at the same time or before the death of the grandmother or grandfather (testators). This provision belongs to one of the first stages of inheritance, however, it is given to illustrate the application of inheritance schemes by PP in practice.
2. The deceased direct heir was not recognized by the judicial authorities as unworthy.
3. No will was left.
4. The presence of any family ties among the participants in the inheritance case, which, by the way, should be in mandatory documented.
5. The deceased heir was not a relative of the first line of succession, but there are no applicants ahead of him from the line above.
6. The deceased heir did not receive the part of the inheritance due to him as one of the obligatory shares.

All of these conditions are among the most common in terms of representation rights inheritance.

Representative and ancestral transmission

In the process of distributing inherited property under the law (if, in other words, we are talking about cases where there is no will), at the legislative level, 6 groups of relatives have been created who have inheritance rights. With all this, priorities are given to higher groups of relatives and kinship ties.

For example, if there is at least one claimant for the inherited property from the first priority, all other relatives belonging to the subsequent stages will not receive anything at all.

Relatives of only 1-3 queues are able to claim inheritance on the basis of PP. As in ordinary queues, the further a relative takes turns, the less chances he has of getting at least something.

When inheritance under the PP is impossible

Life is not always fair, especially when it comes to inheritance under the PR. And such inheritance is not carried out in two situations: within the framework of court proceedings or under the law. It is worth considering both situations in more detail.

According to law

Grandchildren are not able to become heirs in such cases:

1. The parent who gets the share of the inherited property is still alive.
2. The parent died almost immediately after the inheritance was discovered.
3. In the will, the main heirs were disinherited.

In court proceedings

This moment is manifested in the event that it is documented and proven in court that the direct heirs have become unworthy heirs. And they can be unworthy as a result of the following actions:

1. Lack of assistance with a deceased parent.
2. Evasion of any financial payments related to the maintenance of parents, especially if these payments were laid by the court.
3. The use of any violent actions, as well as the use of the psychological and physical population in relation to direct heirs for the sake of their rejection of the inheritance.

Summing up, it can be noted that the entry into inheritance on the basis of the right to grant is a certain mechanism for the distribution of the property and assets of the testator between his descendants in the event of an earlier death of direct heirs from 1-3 queues. It is also important to pay attention to the Civil Code of the Russian Federation, inheritance by the right of representation and those points that relate to these relationships.

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The concept of inheritance by adopted children and adoptive parents by law

Legislators equalized adopted children and any other types of kinship related to origin. Inheritance by both adoptive parents and adopted children is carried out on the basis of general procedures, and such persons belong to the heirs of the first priority.

The rules of kinship apply both to adopted children and parents, and to their offspring, including those children who were adopted at a later date. According to the rules of law, the definition of the established queue is based on the general legislative principle inherent in blood-related parents and children.

Adoption by adoptive dad and mom deprives not the native, but the adopted child of any rights to inherit from relatives, that is, biological parents, and also other relatives who are related to each other, at least by the same origin.

There are many circumstances that allow adopted children to maintain important hereditary ties with blood relatives, which also gives him an excellent opportunity to become one of the bearers of inheritance rights in the distant or not distant future.

As a result of all this, an adopted person will be able in due time to become a full-fledged heir, moreover, an heir to both adopted relatives and those relatives who were part of his former family.

In the process of inheritance, special attention is drawn to the processes related to confirmation of the relationship that adopted children have. In common practice, there are cases in which a separate difficulty in proving kinship appears both in relation to relatives and in relation to adoptive parents.

Rules of inheritance by adopted persons and adoptive parents

Even those who are adoptive parents or adopted children are legally entitled to be heirs.

Until 1996, the rights of those children who were adopted must be confirmed by an appropriate decree issued personally by the administration of the region or district. However, according to updates in the Family Code, if a person received the status of an adopted child after 1996, this fact can be confirmed by the presentation of an appropriate court order.

The presence of an appropriate document, whose form is determined by the date of adoption, allows the adopted citizen to receive all those duties and all those rights that were provided for relatives, that is, for blood children.

It is also worth considering the fact that adopted children are representatives of the heirs of the first order in relation to those parents who act as adoptive parents. Both the future and current descendants of the adoptive parents are blood members of the family for the adopted children, which also gives them equal inheritance rights.

The provisions and norms of the Family Code determine general rules, according to which adopted children are deprived of any rights if the testators are blood parents or relatives of blood parents, and the deprivation of rights occurs at the time of the actual adoption of a person. That is, the adopted citizen will not be able to accept any inheritance if it is left after the biological parents. However, this rule is distinguished by a large number of different exceptions.

Inheritance exceptions. How adoptees receive inheritance

These exceptions include the following:

1. The child was adopted after both of his parents died.
2. All those situations in which, after the death of one of the parents by a close relative, all rights remain, even after the child has been adopted. Among such close relatives, one can distinguish, for example, grandmothers or grandfathers. As a result, the adopted child is quite capable of becoming the heir to the grandparents in exchange for the deceased parent. However, it should be taken into account that such a rule is regulated by inheritance based on the right of representation.
3. The child was adopted by the new spouse of the living parent, and this is a remarried spouse. In this case, the property relationship between the child and the parent does not end in any way.

The adoptive parents may have a common range of different rights regarding the inheritance of the property of those children who were adopted by these parents. And this, among other things, means that they also treat the heirs who come first in turn.

Inheritance rights by adoptive parents and adopted children. What adoptive parents can get

As noted above, the rights of those heirs who are adopted children or adoptive parents are equal. Also, all these and other points are noted in the provisions of Article 1147 of the Civil Code of Russia, since they establish certain procedures for inheriting property by adopted children, as well as by those citizens who are adoptive parents.

But, of course, such provisions require confirmation of the facts of adoption. And such verification should be carried out by qualified notaries with relevant experience.

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How inheritance is regulated by law

According to the norms and laws of the Civil Code of Russia, all immovable and all movable property of the testator, as well as all his property rights, will have to go to the disposal of the heirs of the first stage. If there are no such relatives, relatives of the next queues go, but on condition that the owner of the property has not expressed his own will regarding the distribution of property within the framework of the will.

The procedures for the distribution of hereditary property are determined and regulated by some Articles 63 of the Chapter of the Civil Code of Russia.

Who are the heirs of the next turn, what are the features of the heirs and inheritance

The Civil Code defines the concepts disclosed in the commentary to Article 1145 of the same normative legal act.

The current laws of the Civil Code of Russia, including the institutions of inheritance, in most cases are based on the principle of Roman private law. For example, the determination of the degree of affinity between the testator and its numerous descendants depends on the total number of generations.

Modern laws of the Civil Code of Russia provide similar rules for determining kinship by counting the total number of births that have occurred since the birth of the testator and before the birthday of the heir, whose degree of kinship must be established.

The presence of as many as seven lines of inheritance is a novelty of the modern Civil Code, because all previous versions of this act of lawmaking do not have more than 4 levels.

Increasing the circle of persons by adding several lines of inheritance speaks of the strengthening of property civil rights, in the form of one of the key fundamental constitutional principles of the inviolability of property.

What rights do those persons who are the heirs of all subsequent queues have

The sequence of acceptance of inherited property is a sequence regulated by law, according to the rules and basic principles of which the inheritance is transferred from the testator to the relatives, provided that there is no will.

In the event that the heirs of the first category did not become or could not exercise their rights within the period specified and allotted by law, all property rights and property of the testator pass to the relatives of the next order.

The implementation of inheritance rights to inherited property by at least one relative from the previous queue automatically deprives all representatives of all subsequent queues of any opportunity to receive inherited property or even at least part of it, because the distribution of inheritance between relatives of various queues is not provided for by the norms of current legislation.

Under what conditions are inheritance rights transferred to relatives of subsequent turns

So, the heirs of each successive line will inherit, if possible by law. According to the legislation, the right to receive inheritance passes to representatives of each subsequent turn, subject to the following conditions:

1. Absence of heirs of the previous order.
2. The heirs of the previous queues were deprived of their rights both by the testator and in accordance with the law.
3. The heirs of the previous queues refused to accept the inheritance or did not accept it.

In this case, the refusal to accept the inheritance is carried out with the help of an appropriate application, in which there is no indication of who exactly the refusal was made in. And if the inheritance is not accepted, there are no applications at all.

Representatives of the heirs of the subsequent stages. Inheritance order

So, after the third stage, the following turns come:

1. Fourth: the testator's great-grandmothers and great-grandfathers.
2. Fifth: great-uncles / grandparents / grandchildren / granddaughters. Also, the grandchildren of the brothers and sisters of the testator's side belong to the same queue.
3. Sixth: grandchildren of the testator's sisters / brothers / uncles / aunt, and also sisters / brothers (cousins) of the testator's parents.
4. Seventh: such step-relatives as stepdaughter, stepson, stepmother and stepfather.

The peculiarity of the seventh stage is that its representatives are not blood relatives for the testator party. Of course, relatives of the seventh stage will be able to receive an inheritance only if the relatives and possible future heirs, for some reason, will not be able to receive the inheritance or refuse it.

How the property is distributed between the heirs of the subsequent stages

According to the legislation, the property must be distributed equally among the heirs of the same queue. But it is important to consider whether the property was the property of the testator, or whether it was joint common property acquired during family life.

After all, if we are talking about private property, there will be no problems, because all those persons who are heirs of the same queue will receive property in equal shares. If this is a common property, then it is necessary to separate the part that really belongs to the testator from the part of the property that belongs to the spouse. That is, in the end it turns out that the common property received or acquired during the marriage will be divided into two equal shares.

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Inheritance law is the very area of \u200b\u200blaw that regulates the transfer of property obligations and rights from a deceased citizen to his official successors.

Inheritance by law according to general rules

According to some articles and provisions of the Civil Code of Russia, inheritance under the current legislation is a certain procedure, during which the process of inheritance transfer and its registration takes place within the framework of established rules and regulations.

The established procedures are used in such cases when the testator's will is either absent or invalid, as well as in all those situations when the heirs indicated in the documents refuse to enter into a legal inheritance.

The key principles of inheritance within the framework of the legislation are the formation and operation of certain queues, which are the basis for entering into inheritance. For example, the heirs of subsequent orders can inherit and receive property only in cases where all previous heirs either inherit, or on a voluntary basis refuse to enter into inheritance rights.

The definition of inheritance within the framework of the law includes objects and subjects, and both the object and the subject have their own essence and their own importance. The subjects of relationships within the framework of inheritance are expressed as individuals, that is, heirs. As for the object, the objects within the framework of inheritance are presented as inanimate objects, that is, as property. Moreover, the property can be both movable and immovable. Among other things, objects can be monetary units, as well as certain duties and rights. If there are no objects for inheritance, then in this case the inheritance processes themselves are lost, and their definition, essence and values \u200b\u200bare also lost.

The relevance and importance of the very topic of inheritance in accordance with the law will never diminish. This is due, first of all, to the fact that many subjects almost constantly enter into such relationships, and in such relationships different nuances and conditions take on a separate meaning. Here, legal nuances and problems of inheritance on the basis of legislation still have a certain value.

The general position of inheritance, as well as the grounds and rights of the inheritance process on the basis of legislation

The grounds for the subsequent entry into various objects of inheritance come into force only at the time of the death of the testator, and it is from this moment that the established and regulated limitation periods begin to be counted. This fact is the basis for two legal grounds, that is, for inheritance on the basis of a will and for inheritance on the basis of current legislation. With all this, inheritance on the basis of a will will always have priority.

In order for the legal grounds for entering into inheritance to appear, it is important to make sure that there are some factors:

1. The presence of a spousal relationship between the heir and the testator. Moreover, we are talking about those relationships that are fixed by the norms of legislation, and also confirmed by the relevant documentation.
2. The presence of any other kindred relationship between the person and the testator.
3. The presence of the very fact of a person being dependent on the testator at the time of his death.

In order to be able to receive an inheritance, it is imperative and only documentary to confirm the existence of family relationships. These can be passports, birth certificates, a certificate from the registry office, as well as other documents. With all this, it is important to know that no other reasons, such as testimony, will be taken into account.

Functions and basic principles of the transfer of property by inheritance

Key functions, principles, as well as the provisions of inheritance are recorded in various provisions, clauses and articles of the Civil Code of Russia. The key principles in this case include the following principles:

1. Inheritance as a legal procedure applied only in cases where any conditions of inheritance are not changed by the testator in the framework of the will.
2. The exhaustive circles of heirs capable of inheriting property on the basis of the law, as well as the share of such property, are determined by the law and the norms of the Civil Code of Russia.
3. The norms of the current legislation establish mandatory sequences designed to regulate the procedures for the entry of citizens into inheritance, depending on the level and degree of relationship between potential candidates for inheritance and the deceased testator.
4. All those heirs who belong to the same order differ in the same property shares, as well as in the same property rights to certain property.
5. Those individuals who are recognized as disabled inherit the property legally, and this moment does not depend in any way on how far such relatives are in the queue.

All these and other moments of inheritance of both residential and non-residential property are mandatory and subject to consideration at the time of death of the testator.

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Secrecy of a will is a procedure provided for by law to preserve data about the testator, as well as about the will itself.

What is a will?

Who is a Notary?

A notary is a legal specialist authorized to perform notarial acts. He has extensive powers, such as checking documents, assisting with the drafting of a will and subsequent certification and even storage of paper.

Due to the presence of a mass of rights, the notary has quite a lot of responsibilities, in particular, keeping the secret of the will.

What is the secret of a will?

The secret of the will in inheritance law is the intangible right of the subject of a unilateral transaction to keep the secrecy of the conditions and moments specified in the will.

For some people, a legal phenomenon is considered a right, for others it is an obligation.

The secret of the will applies to all individuals, regardless of their status. In connection with Art. 1123 of the Civil Code of the Russian Federation, this obligation must be observed by all persons who know information about the will. These are the notary, the spouse of the person whose will is recorded on paper, and other persons present when the document is drawn up or during the certification.

In other words, the secret of the will is the preservation by people of all information about the expression of the will of the individual.

The need to apply the secret of the will from inheritance law is dictated by the person's choice of the type of document execution.

There are two types of wills: open and closed types. Both of them force people to keep secrecy, while in the case of a closed will, they do not even have the opportunity to find out information about the essence of the document.

With the closed type of will, the essence of the paper is written exclusively by the person whose will the document will carry out. The paper is drawn up in writing, after which it is placed in an impenetrable envelope and handed over to the notary. At the same time, he does not know what information is stored inside the fold. The document is put into another envelope, which already contains all the information about the legal document necessary for the paper to acquire legal force after the death of the person. No other person knows about the paperwork in case the person himself does not decide to tell his relatives about it.

When drawing up an open will, the notary knows its essence and all the information that is written in the document. The paper can be certified and drawn up in the presence of people close to the person.

If, during the creation of a paper, pressure is exerted on a person, which subsequently after his death will be proved and officially confirmed by law in the person of the court, the paper will not be able to acquire legal force. Property that could not be realized on the basis of a will will be inherited by legal successors in accordance with the legal family lines existing in inheritance law.

Judicial practice regarding the secrecy of the will draws the attention of citizens to the fact that the obligation applies not only to the information and the essence that the document contains, but also to the very fact of drawing up the paper. People close to a person who has a will have no right to disclose even the very fact of drawing up and making a will with a legal specialist of paper. The action will be declared unlawful and, in accordance with this, legal liability of an administrative nature may be applied to the person.

The principle of the secrecy of the will?

Based on civil law, a number of principles of the secrecy of the will can be distinguished, which, in connection with the existing regulatory legal acts of the Russian Federation, form the basis of inheritance law.

1. People who know any information about a will drawn up by a relative or another person do not have the right to inform other persons about it.
2. A person who has fixed his will on paper is not obliged to notify the successors indicated in the document about this phenomenon. He has the right not to disclose information about the essence and the very fact of drawing up the paper, but this is not his responsibility.
3. In connection with the document on the preservation of the secrecy of the paper, the notary has no right to disclose information about it.
4. For violation of secrecy, the victim can sue for compensation.

Violation of the secrecy of a will?

Violation of the secrecy of the document entails legal responsibility in the form of an administrative penalty in connection with Art. 13.14 of the Administrative Code of the Russian Federation.

But in the event that the unlawful action led to irreversible consequences, due to which people suffered, the punishment will have a criminal character under Art. 137 of the Criminal Code of the Russian Federation.

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Inheritance of escheated property is the fact of the transfer of the property of the testator into state property, as well as into the property of subjects of the state and its municipalities.

Definition - article 1151 of the Civil Code of the Russian Federation, inheritance of escheat property

In the literature, there is the term "escheat", which, both in the legal aspect and in the aspect of law, can be diluted with various legal grounds, ranging from the absence of legal heirs and ending with a will. It can also be the deprivation of persons of the right to inherit property, because they can be recognized as unworthy.

According to Article 1151 of the Civil Code of Russia, the property of the testator is escheat in several cases:

1. The complete absence of heirs by law (Articles 1142-1150 of the Civil Code of Russia) and by will (Articles 1119-1121 of the Civil Code of Russia).
2. None of the heirs have inheritance rights, or they were all barred from inheritance for compelling reasons. This moment is regulated by Art. 1117 of the Civil Code of Russia.
3. Descendants do not accept inheritance objects.
4. The heirs decided to abandon the inheritance on their own, and none of the heirs indicated that he decided to give up the inherited property in favor of the other heirs.

Also, the inherited property is escheated in the event that it is a part of the designated property. Even if, within the framework of Article 1151 of the Civil Code of Russia, there are no provisions indicating whether the testator's property is capable of being escheat partially or in full.

The state can be called upon to accept inheritance only if, on the basis of the law, the property has been declared escheat, and it is also a special heir who does not belong to any of the queues. According to clause 1 of Article 1152 of the Civil Code of Russia, any refusals from the state are inadmissible.

Heirs of escheat property - p procedure for inheriting escheat property by a municipality

The Russian Civil Code provides for exhaustive lists of all those heirs who accept escheat inheritance. According to paragraph 2 of Article 1151 of the Civil Code of Russia, the following can become the heirs of escheat property:

1. Subjects of Russia and municipalities, on the territory of which escheat property is located, presented as residential premises, plots of land, as well as in the form of structures and buildings located on these plots.
2. The Russian Federation itself, into whose ownership any other escheat property is transferred.

Also important are the possible consequences of inheriting such property.

What can be the consequences of the inheritance of such property - when inheriting escheat property, rejection of the inheritance

The institution of such property is distinguished by a rather large social and legal meaning, because such an institution eliminates any orphan objects of inheritance. The laws in force on the territory of Russia provide for solutions to such a problem in cases where no one has the right to inherit or if there was no one to do this, or, according to the wishes of the inheritors, the abandonment of all property as a whole.

Article 1141 of the Civil Code of Russia reveals the essence of the fact that if any residential premises are located in any formation of a municipal character, then the entire premises will pass to it in accordance with the norms of current legislation.

However, in the event that the premises are located in a city of great federal importance, then this premises should become the property of the city.

There are different approaches to the acceptance of inheritance rights by state structures and the state in general, which, as a result, may have different consequences from a legal point of view. For example, the state has acquired some kind of inheritance, taking on the role of heir. In this case, the state can claim all the property that is part of the estate, and regardless of the location of the property.

The acquisition of both immovable and movable property on the basis of its inheritance may entail some obligation to settle with all those debts that the testator has and that have not been paid to the state. Only in such moments the state will receive the entire inheritance and will not repay debts.

Inheritance process and problems of inheritance of escheat property

To implement the rules of inheritance of escheated property, it is necessary to adopt a number of laws that somehow regulate such issues. For example:

1. how to ensure the protection of such property and who should first of all inform about the death of a person if he has no will and inheritance;
2. how to manage property so as to comply with the interests of the state;
3. how to start a relationship with a notary and what needs to be done to keep records of citizens who are able to challenge escheat to be of high quality;
4. how to avoid abuse in such situations.

The terms that are fixed and go to the adoption of such an inheritance do not in any way apply to the terms for registration of rights to property and inheritance, which is escheat (according to article 1154 of the Civil Code of Russia). This is due to the fact that such property does not have to be inherited like ordinary property (this moment is regulated by Article 1152 of the Civil Code of Russia).

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Many citizens do not know how to enter into inheritance. Moreover, more and more people, due to their employment, cannot register it within the specified time frame. So how to get an inheritance if you missed all the deadlines according to the law? And how does the actual acceptance of the inheritance take place after the specified period?

Human rights

Acceptance of inheritance after the expiration of the established period is regulated by federal law. The Civil Code of the Russian Federation speaks about the terms for accepting the inheritance in several articles.

The general provision provides for a period of six months for the approval and further use of material resources under the will. In addition, the time provided is typical both for situations where the procedure takes place on the basis of a will and in accordance with the law. Sometimes users, for one reason or another, do not have time to submit a written claim regarding the value of properties within the allotted time. In such a situation, they will have to start restoring the inheritance period.

Two ways of obtaining inherited resources at the end of the period established by law are legally approved:

1. Extrajudicial order. This method is also known to users as trading. This has tremendous advantages, but in practice it is extremely rare. In general, the method is associated with peace agreements with other heirs, who give written consent to the acceptance of the inheritance by a citizen who has not met the deadline.
2. law and order. This method is used when it was impossible to agree, and other heirs, who have already accepted and accepted the conditions of the claim in respect of material assets, strongly disagree with the appearance of a new applicant.

Pass restoration

The foundations of family law establish the time frame within which all potential heirs must formally or formally belong. Unfortunately, not all citizens of our country have the necessary legal knowledge and do not realize that they are obliged to exercise their rights within 6 months from the date of the death of the testator.

Many users do not understand how to recover a missed deadline. If the citizen does not appear before the notary responsible for this matter within the specified period, he will no longer be able to assert his substantial claims in the future. However, the law provides that in some cases a citizen has the right to demand the restoration of the conditions of inheritance.

If we analyze the court statistics in cases of extending the time limit for the approval of inheritance rights, it becomes clear that the court will side with the applicant only when he can defend his position regarding non-compliance with the approved deadlines, the restoration of the missed deadline will be possible only taking into account weighty arguments.

Consequently, if the court confirms the circumstance that the applicant considers valid for a positive decision on this issue, then the potential heir will be able to initiate the procedure for the redistribution of the estate taking into account its share. Reasons that can be identified as valid may include:

1. The fact of the death of the testator and the beginning of the inheritance process were hidden from the heir, who did not meet the deadline;
2. The citizen was abroad for a long time, and his relatives did not keep in touch with him. It will not be difficult for him to restore the term;
3. The user was unable to solve the problem due to a serious illness or helpless condition;
4. The user was on a long business trip or served in the Armed Forces;
5. In some situations, a situation in which the recipient is illiterate or does not speak Russian can be accepted as a valid circumstance, which is confirmed by documentary evidence;
6. A citizen is in prison and cannot call a notary to confirm his inheritance rights. For him, the term can be restored without problems.

The use of testimony is permitted, but as long as the witness is not a close relative and does not receive any additional benefits in connection with this situation.

At the same time, some points cannot be recognized as sufficient grounds for restoring the status of restrictions.

The request for the restoration of the term for accepting the inheritance is not a usual formality and, therefore, it is necessary to treat its preparation with the utmost care and responsibility.

The likelihood of a favorable outcome of the process will directly depend on the information that will be presented to him. According to the provisions of the law, the application for the restoration of the term for accepting the inheritance has a prescribed form, and certain special requirements are imposed on the information that must be published here.

Indicated:

1. Full name of the authority that will consider the application;
2. Personal data of the parties to the process, as well as the indication of all contact information with which you can contact them;
3. Data about the testator, as well as material resources declared by the applicant;
4. The cost of the claim, as well as a description of the circumstances that led to the disruption of the inheritance period;
5. A request to the court to extend the possibility of obtaining property resources, as well as the evidence base serving as confirmation of the applicant's words.

The template is compiled in accordance with the approved requirements. Grammar errors, false information and unverified data are not allowed.

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When a sad event occurs, such as the death of a person, the matter turns to a struggle for property between all relatives of this person. Just in this case, if there is no will, the division of property takes place legally. The distribution of such rights is made on the basis of the degree of kinship in some order. How does the inheritance process work?

Inheritance by the heirs of the first order

Key conditions and principles of inheritance are established within the framework of the Civil and Family Code, as well as various documentation. Property assets are distributed according to the principles of priority, however, each of the claiming citizens will not be able to receive something if:

1. he himself gave up his inheritance rights;
2. has no inheritance rights;
3. is an unworthy heir;
4. did not enter into inheritance rights.

The laws of Russia provide for the protection of the priority rights of partners in marriage, as well as other relatives of the testator on the basis of consanguinity. Who can be attributed to the heirs of the first order in the event that the deceased did not draw up any will?

1142 of the Civil Code of Russia and how much property goes to the first stage

Who belongs to the heirs of the first order? This rule is regulated by Article 1142 of the Civil Code of Russia, where it is strictly noted that the heirs of the first order include such relatives as the parent, spouse and children of the testator. In this case, the inheritance can be formalized both by will and on the basis of legislation in the framework of the sequence.

The spouse or spouse is the very category that in most cases raises controversial issues during the registration and receipt of inheritance. Therefore, it is important to determine who exactly is the legal spouse on the basis of the laws of the Family Code. And the legal spouse is the one who fully falls under the following conditions:

1. The marriage relationship was recorded in the registry office, and also fully confirmed by the relevant documentation and a marriage certificate (registration).
2. Family and marriage relationships have been confirmed and proven through the courts.
3. Also, those marriages that are concluded on the basis of religious customs can also fall under the conditions, but we are talking about those marriages that were concluded during the Second World War.

An important point: the legislation quite clearly defines which citizens can be and can be recognized as the legal spouses of the testator party. For this reason, if the marriage has not been registered in any way, the partner cannot and does not have any right to exercise the rights of inheritance of the first priority.

If we talk about how the property is distributed among the heirs in shares, it can be noted that disabled cohabitants still have some probability of inheriting part of the property and property assets, but they will not be relatives of the first stage. Plus, this moment will apply only if such cohabitants were dependent on the testator for a year or more.

Also, during the establishment of the legal grounds necessary for the entry into the inheritance of the spouse, such important nuances, as:

1. If the marriage relationship is recognized as illegal, then the partner is automatically excluded from the list of priority heirs.
2. If the marriage was dissolved through a court or through the registry office. However, this applies only to those cases in which the decision to dissolve the marriage is made before the opening of the inheritance.
3. The spouse will have the right to inherit, and this rule works even if the spouse lives in a completely different place.

Parents are also primary heirs. At the same time, the adoptive parents of the testator also differ in equal rights with the biological parents. But, if we talk about how you can get more share, it is worth noting here that when there are adoptive parents, it is important that the biological parents are deprived of their rights. That is, those who are not deprived of parental rights, whether they are natural or adoptive parents, will receive part of the inheritance as a relative of the first stage.

As for children, here the category of relatives of the first stage includes those children who were born during marriage, as well as illegitimate and adopted children. This also includes those children who were born within 300 days of the death of the testator. And here there is one extremely important point: in the event that the heir has not yet been born, but is going to be born within 300 days from the moment of the death of the testator, it is prohibited to use the property in any way or to divide it until the moment of birth of such an heir.

There is one more important point. In the event that the mother is the testator, that is, if she is the one who dies, then her children become heirs of the first priority without fail. And if we are talking about the death of not the mother, but the father, then in this case, family ties will need to be proved, both within the framework of a voluntary order and on the basis of court proceedings.

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The types of wills in the Russian Federation are the procedures provided for by law, according to the will of one's property, within the framework of the law.

The concept and types of wills?

A will is an act of the unilateral will of a person, which is controlled by civil law and determines the fate of the property, as well as the rights and obligations associated with it, after the death of the subject.

The will is controlled by civil, namely inheritance law. It is designed to regulate legal relations of a civil nature in society.

The will has a pattern according to which it is strictly drawn up. In this case, the document is drawn up in writing and acquires legal force after the death of the person whose will is embodied in the paper, only if it has been certified by a notary.

To draw up a document, the conditions that are dictated by civil law must be observed in order to protect legal relations arising from property or personal non-property rights and obligations.

Inheritance law makes it possible to draw up a will many times, but subject to the destruction of the previous document, which must lose its legal force. A will, with the help of a legal specialist, can be altered, changed, and supplemented with the necessary information.

A will can be called a legally recorded disposition of an individual's property in the event of his death. It is a type of inheritance, characterized by such features as, for example, the ability to leave property not only to relatives by blood, but also to close friends. In the process of inheritance according to the law, this is impossible, things move along kinship lines, depending on the degree of kinship by blood.

The term is dedicated to Chapter 62 of the Civil Code of the Russian Federation, where you can find all the conditions for the preparation and further sale of paper. In Art. 1118-1140.1 of the Civil Code of the Russian Federation, you can find detailed information on the procedure for inheritance and transfer of property and related personal non-property and property rights under the will.

Types of will:

1. Notary type.
2. Closed type.
3. Conditional type.
4. Will under circumstances that threaten human life.

Certain types of will?

Types of administrative paper:

1. Notarial will. After drawing up, the paper will be certified by a notary - a legal specialist entitled to perform notarial actions. After registration, the document is entered into the notary base, which controls the activities of legal specialists throughout the country. When drawing up a will, this type of document is most often used.
2. Closed will as the strictest type of administrative document. This type of paper is used by people who want neither relatives nor the notary himself to learn about the essence that is stated in the document. A person independently writes an administrative document by hand, after which he puts it in a strong envelope. It must be signed by two personalities who are close to the person whose expression of will is drawn up. Signatures are required to confirm that the person drew up the paper during his lifetime, that is, later it was not replaced. When compiling, the use of technical devices that can do all the work for a person is not allowed. If, after death, upon opening the envelope, it turns out that the paper in it is printed in electronic format, then the document cannot be legally transferred, the property will be transferred in connection with related lines. The envelope with the will, handed over to the notary, will be inserted by the specialist into another envelope on which this document will already be located.
3. Urgent will due to life-threatening circumstances. In life-threatening circumstances, a person can draw up an administrative paper in respect of his own property without certification. But to endow it with subsequent legal force, two witnesses to the drafting are required. The document is drawn up in writing.
4. Will based on conditions of inheritance. The type of paper contains one or a list of conditions in connection with which the assignee will receive property after the death of a loved one. If he is not ready to fulfill his obligations and to use the rights specified in the document, then he is considered unworthy and is deprived of property from the deceased. According to the law and in connection with the decision of the court, the property will be found another owner who is a relative of the deceased and is ready to fulfill obligations.

Form and procedure for drawing up a will?

In order that after the death of a person his administrative paper begins to operate and gain legal force, it is necessary to draw up it in writing by hand. The law prohibits the use of technology, electronic or printed versions of papers.

The paper must be certified by such a legal specialist as a notary, but certification by other officials is also allowed. For example, the chief doctor of the hospital, the commander-in-chief of the campaign, the chief of the prison. Such deliveries are made by law in connection with the existence of a will under certain circumstances.

A citizen who wants to draw up an administrative paper regarding property must remember that he always has the right to change, supplement and even cancel a will. It can be drawn up an unlimited number of times, but each previous one must be destroyed, that is, lose legal force during the life of a citizen.

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The right to opt out is governed by the current federal legislation of Russia. The right to receive a testamentary refusal is valid for six months after the death of the testator. Registration of a refusal to receive a testamentary refusal is made in a written format, by writing an appropriate application by the applicant.

Features:

The documents for the correct registration are all the same as when registering an inheritance - this is an identity document and certificates of transfer of property. The deadline for processing the refusal is six months. In some cases, it is prolonged up to three years.

In fact, a legacy is an obligation that lies with the testator and the recipient of the property. The fulfillment of the conditions is mandatory.

In this case, the conditions may well be different. For example:

1. it is a transfer of ownership of real estate or a car to the recipient of the refusal;
2. transfer of property to third parties;
3. performing a work process or service for the recipient of the refusal;
4. payment of monetary compensation to third parties;
5. other property orders.

A testamentary renunciation actually makes the heir-debtor obliged to fulfill the will of the testator.

The obligation is considered for fulfillment in relation to the designated order only. And he has no right to revise all this. If the testator feels that the heir will die, then he has the right to change the will to another citizen, all rights of assignment in this case are transferred to the latter.

The most common version of the rejection of a will is the obligation of the heir to whom a dwelling house, apartment or other dwelling goes to give another person the right to use these premises or a certain part of them for the life of another person or for another period. If the ownership of the property that was part of the inheritance is subsequently transferred to another person, the right to use this property, granted by the will, remains in effect.

Nuances

You can write a waiver in favor of a relative of the testator if he is included in one of the queues established by law or is specified in the will. However, they cannot be abandoned in their favor:

1. compulsory share transferred by inheritance (in accordance with Article 1149 of the Civil Code of the Russian Federation);
2. from property if another heir is appointed by the heir.

In the second case, the situation is affected by the desire of the deceased to indicate another heir in the event that the first heir dies and does not have time to accept him or give up his part.

In favor of another person (heir)

A waiver of ownership can be made in favor of the following people:

1. Citizens among the heirs are provided for by will or law. An exception is a private heir to the property at the direction of the testator.
2. Citizens are called to inherit in accordance with the right of representation.

It is forbidden to refuse inheritance with reservations.

Fractional ownership

The law does not provide for the rejection of a certain part of the inheritance. The property is completely taken by the heir or he completely abandons it.

If the heir has the right to inherit the property for several reasons at the same time (for example, by law, by will, etc.), he can then refuse the inheritance for one of the reasons or immediately for all,

The part of the property belonging to the heir who issued the refusal without specifying other persons will be proportionally distributed among the other heirs.

An exception is when another procedure is granted by will.

If, if necessary, the heir spends funds on the funeral, this fact does not deprive him of the right to refuse part of the property intended for him.

Conditions for execution

The main condition of the heir is that the freedom of the heir cannot be limited. The assigned obligations cannot contradict the legislation of the Russian Federation. The will will take effect as soon as it receives the inheritance. Therefore, a candidate for receiving the estate of the testator has the right to unsubscribe.

If obligations are imposed on several people at the same time, then their fulfillment is distributed in proportion to the received part of the property. Compulsory inheritance participation cannot be assigned for the execution of a will.

The terms of use of the property in accordance with the provisions are maintained even if the heir transfers the title to others. When using the dwelling on a renounced will, the recipient of the waste bears the same responsibility for its maintenance as the owner. In the event of material damage, the heir has the right to claim damages in court.

Legally registered inheritance defines certain conditions of inheritance. This cannot be the basis for a successor, because the assigned tasks are carried out at the expense of a specially allocated share of the inheritance. Both the heir and the recipient may waive their obligations.

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Inheritance is the transfer of ownership to the person to whom it was bequeathed. All difficulties - the timing of the acceptance of the inheritance, the restoration of the term for the acceptance of the inheritance, the statement of claim for the restoration of the term for the acceptance of the inheritance - are prescribed in the Civil Code of the Russian Federation. Also indicated are good reasons for missing the deadline for accepting the inheritance.

Legal basis

Lawyers and attorneys often argue about the restoration of the term for accepting an inheritance. In accordance with the current legislation, a person has the right to enter into inheritance law within six months after the opening of an inheritance case. In this case, the opening is considered:

1. the day of clarification by the authorized body of the will of the person (this applies if there is a will).
2. if there is a date of the court decision on recognizing the person as deceased (if the fact of inheritance occurs).

That is, a person, within six months from the above date, must apply to the notary office at the location of the property, submit a package of documentation, pay a mandatory state fee and submit an application of the established form.

Based on the results of the collection of all documents, the heir receives a certificate of succession, on the basis of which you can dispose of movable property or contact the registration service to register ownership of real estate.

This treatment procedure is established by law in order to maintain fairness. The countdown cannot begin from the time of the death of the testator or testator. Since circumstances sometimes arise against the heir, and the ownership process is postponed for many years. If due to certain circumstances one of the heirs does not comply set time to accept the inheritance, this does not mean that he can do nothing to obtain it. In this case, the law offers the possibility of restoring the term of inheritance.

Periods

The opening of the inheritance case takes place immediately after the death of the owner of the property. If the notary has a will written by the owner of the property, he must declare the will of the deceased relative to the heirs within 15 days.

After the heirs learn of a relative's death or will, they must write down their inheritance rights within six months. However, the countdown starts 6 months after the death of the tester. This period is provided to all candidates for inheritance - a legal document specified in the will. During this period, all legal operations must be completed: documenting, accepting or rejecting part of the inheritance, transferring the owner's rights to another person, cancellation of the testamentary document.

The actual assumption is the specific action of the heir in relation to the inheritance. For example:

1. She settled in a hereditary apartment and pays utilities
2. Debt of the deceased or accepted tangible property intended for the testator is covered by third parties
3. Manages and maintains inherited property, protects it from robbery and similar acts.

The actual acceptance of the inheritance is not sufficient to legally own it. In order to legally legalize the property received, it is necessary to apply to the court with a statement that the inheritance was accepted.

Do not delay the length of inheritance and wait for the process. To avoid legal costs and significant loss of time, it is worth contacting a notary with an application to open inheritance law proceedings, even if you already have one.

The inheritance term begins with the death of the testator. In cases where the end of the inheritance acceptance period came on weekends or holidays, you can contact the notary office with a statement before the end of the first working day after the weekend.

More precisely, you can apply until the last minute of the 24th hour (12 noon). You can send the application through proxies (therefore, you will need a notarized power of attorney) or through the Russian Post (your signature on the application must be notarized).

Features:

When should a claim be written? The need to file a claim may be caused by mistrust of the notary, inconsistency with the will or the desire to question the participation and share of other heirs. Each heir (or his representative) has the right to declare his ability to actually accept the inheritance, if it has not been considered in the case of inheritance.

How to choose an instance? The filing of a claim is related to the place where the inheritance is opened. This principle works if the applicant knows all the nuances of the case. If the plaintiff intends to clarify the owner of the item, the application will be filed at the place of its location. The fact that the inheritance is opened as such is determined when you apply for it at your place of residence or when you register.

It should be noted that the place of opening of the inheritance is actually the last or main place of residence of the deceased. In the absence of relevant information, the claim must be filed at the location of the property itself. If its parts are in different places, the most valuable object is selected.

When requesting an extension of the terms of inheritance, the arguments must be prepared in advance, which the court considers convincing and respectful. One of the best reasons will be a long-term illness, during which the heir cannot go to a notary. To confirm the disease, it is necessary to collect all types of medical certificates confirming this fact.

Another good reason is long distance business travel. This problem does not arise with confirmation. It is much worse if you insist not to be notified at the time of the death of the testator. After all, it will be almost impossible to prove this fact with documents.

The lawsuit must detail all recent events with the heir. These events should convince the court that he is not aware of the inheritance or that he cannot physically claim his rights within the prescribed period.

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The formation of a will is subject to the norms of a unified legal framework. The official testator must complete an official form with full legal capacity (this should be checked in advance). If the testator has health problems, this function is performed by an authorized person. Due to the mental incapacity of the testator, this fact must be verified and the will declared invalid.

The only distinguishing feature of a forgery is the official status of the document, which was drawn up and certified by a notary. All information is then entered into a single database or registered by a notary. Further in this registration you can check the availability of will. In appearance, such a copy is represented by a color certificate with numbering.

Nuances

The register of wills of the Russian Federation official website is an opportunity to check documents before registering an inheritance. A unified register of wills and inheritance cases allows you to minimize the facts of deception from representatives of other bodies and individuals.

The electronic register of wills allows you to check documents remotely.

You can check the will in the registry in a few minutes.

Registry

You can find out about the claims of other relatives or check your will through the registry if the information about the inheritance was not found by all notaries.

However, you cannot get information about what property of the deceased will be transferred to the heirs, since the service protects the secret of the last will of the owner of the property. When a person finds out that information about the heirs is in the register, and the certificate is located at the place of registration of the deceased, you should visit several offices at the place of registration and begin the registration process.

To start the check, it is necessary to provide an employee of the organization for checking a passport, a tester's death certificate and a certificate confirming the existence of family ties.

In addition, you can search for data over the Internet in an electronic registry service. After entering information into the system, matches are selected. Only a small number of people can receive information, so you need to verify your identity.

Registration of real estate in ownership

As a rule, the Certificate of Title to the premises, which until 1998 was issued by the city authorities, and then by a specialized institution, acts as a document of title.

The bodies of the Federal Registration Service today maintain registers of property rights and register contracts concluded with real estate and the transfer of property rights in connection with them.

It is especially convenient that a package of documents can be submitted to any of the offices of the registration service, without reference to the place of state registration of the former or future owner of real estate, the location of the real estate itself, as well as the current principle of "one window".

Today, any person can, by submitting an application and paying the amount of the state duty established by law, obtain the necessary information from the Unified Register of Rights to Real Estate. In addition to the application and receipt for payment of the state duty, you will need a passport of a citizen of the Russian Federation or other identity document.

But for all its simplicity, for example, a duplicate of the Certificate of ownership can only be obtained by the owner himself or a person authorized by him upon presentation of a notarized power of attorney.

In addition to the Certificate, the document of title is the contract on the basis of which the owner received the real estate. If we are talking about a residential building purchased on the secondary housing market, then such a document will be a purchase and sale agreement or an exchange agreement. If the contract was purchased by the owner from the municipality, then such a document will be the contract for the transfer of residential premises. If the property was received by the owner as an inheritance, then it is necessary to present a Certificate of the right to inheritance.

If the immovable property was obtained as a result of a court decision, then an appropriate court decision should be attached. Depending on the grounds for the acquisition of residential premises, the documents of title will also change.

Extract

You will need a fresh extract from the house register, which must be received no later than one month before submitting documents to the registering authority.

To obtain it, you must apply to the regional clearing and information center for the location of the property.

The applicant has the right to be the owner of the dwelling, his representative by power of attorney, or another person registered in the room for which the extract is requested. In this case, the applicant will need a passport of a citizen of the Russian Federation, as well as a power of attorney, if he is an authorized representative of the owner, or a Certificate of ownership, if the owner has applied for it.

A certificate of the right to inheritance by law is a document that is drawn up without fail after the fact of inheritance. A certificate of the right to inheritance by will is drawn up in the presence of a notary. You can check the certificate of the right to inheritance in the corresponding register in the notary chamber.

And how to get a certificate of property inheritance?

Features:

Making an inheritance after death is a rather complicated procedure. To recognize the ownership of the inheritance, you need to issue a certificate. The document is not legal, that is, it is impossible to obtain the assets of the deceased only on its basis. It simply confirms the existence of an inheritance law for individuals or government agencies.

The certificate of the right to inheritance serves as a guarantee of the right to receive the property of the deceased from the heirs. To get it, you need to have a certain package of documents on hand. It is provided in accordance with many legal subtleties, subject to new changes in laws. Be sure to check the information provided.

Verified information:

1. death of the testator with the exact date of death;
2. is there a desire;
3. what degree of relationship;
4. what is hereditary mass;
5. whether the testator lawfully belongs.

Only after checking the above data, the notary can issue the certificate form. The heirs must submit a declaration of intent. A fee will be charged for issuing it.

Where can I get a document confirming the right to inherit? This question comes up first. The certificate is issued by a notary. Before applying for a document, you must: Submit an application. It must contain the information that the heir requests to provide him with the document in accordance with the law. The application is considered by the same notary who opens the inheritance case.

1. The notary must open an inheritance case.
2. In the case when there are several heirs, each of them can choose to receive a document only for himself and his share or a general certificate of ownership with the definition of a part of each.

A certificate of the right to inheritance is issued by a notary after paying the state fee. The amount is always calculated individually and depends on a number of factors:

1. The value is determined based on the total value of the property.
2. The heirs of the 1-2 line pay 3% (limit 100,000 rubles) of the cost, the rest - 6%, but not more than 1 million rubles.

Other categories of beneficiaries are exempt from paying state taxes. These include minors and legally incompetent citizens. But it is required to provide documentary evidence that they can be exempted from payment.

A few words about marriage

Before you begin to get acquainted with the documents confirming the seller's ownership of the property for sale, ask him for a passport, which must prove identity and show other information. First of all, pay attention to the marital status of the seller, to the number of his officially registered marriages and divorces. Check all the dates on your passport with the numbers on your title deeds. If the property for sale was purchased in marriage, then the ex-spouse or spouse at any time can file a claim in court, demanding the property or part of it legally due. Former spouses have the right to claim half of the property acquired in marriage within three years from the date of the official divorce, even if they were not registered in the apartment and did not live in it. Moreover, in some cases, the court may extend the limitation period if the reasons for its omission are found to be valid. Ask for documents proving the division of the spouses' property or a court decision if there was a legal proceeding. In addition, if the division of the spouses' property took place in court, then clarify whether the court's decision has entered into legal force, whether an appeal has been filed.

Minor children

In the seller's passport, special attention should also be paid to children who may be co-owners of an apartment, for example, under a purchase and sale agreement or as a result of the privatization of real estate or have the right to use the apartment. If the seller has minor children, then in order to sell the apartment he will need permission from the guardianship and guardianship authorities, which is issued under certain conditions, for example, buying a new apartment of the same area in a certain area of \u200b\u200bthe city. The guardianship and trusteeship authorities in such cases take care of the interests of the child, therefore, if the conditions set by them are violated, the concluded contract for the sale and purchase of an apartment may be terminated by a court decision. If minor children are not the owners of the property being sold, but are only registered in it, then the consent of both parents expressed in writing is required to conclude a purchase and sale agreement. At the same time, parents should not be deprived of parental rights, and children should be discharged from the apartment being sold and registered in a new one.

Hereditary matters

It happens that people create formal families at an already solid age, as a rule, they have previous marriages behind them and, of course, there are children, often already adults, and there is also a living space.

But what to do in the case, for example, when a woman lives in her husband's apartment, but his will was drawn up in favor of her grandchildren

Moreover, if a man needs help and constant care due to a serious illness, and all this rests on the shoulders of his wife, what will happen to the living quarters after the death of her husband?

If the spouse is disabled, and, as a rule, this is the case, due to her age, then she has the right to a share in the apartment, despite the contents of the will.

And the size of this share is at least half of that which would be due to a woman in inheritance by law.

This norm is stipulated in Article 1149 of the Civil Code of the Russian Federation.

The procedure for determining this share and its size depend on factors such as whether the spouse has other heirs by law, who are part of the heirs of the first order, that is, we are talking about parents, children, as well as the presence of other hereditary property.

Let's try to understand all of the above on a completely accessible and simple example, so in the case when there is no other property that could be the subject of inheritance, and in the presence of one heir of the first stage (the child of the spouse, who is the parent of the grandchildren) , then in the case of inheritance by law, the dwelling was divided between the spouse and the adult child in equal shares, that is, 12.

And then it would not be a question of grandchildren, since in such a situation, according to the law, grandchildren do not inherit.

And if there is a will, which was mentioned at the beginning of the article, the obligatory share will no longer be half, but 14, that is, in this case, it is about half of 12, and the remaining three quarters of the apartment goes to the grandchildren, according to the will (each in equal parts).

And the widow will be able to dispose of her share in the dwelling at her own discretion, that is, she has the right to live in it, registering the right of ownership, as well as sell her share, exchange or donate it.

Taxation

Inheritance tax without a testament and taxes on inheritance by will are two different things.

The amount of this fee depends on the degree of relationship between the heirs and the testator and is calculated on the basis of 22 paragraph 1 of part 333.24 of article Of the Tax Code Russian Federation:

1. 0.3% of the total value of the inherited property (in in this case the amount cannot exceed one hundred thousand rubles) for heirs of the first order and full sisters and brothers;
2. 0.6% of the assessed value of the inherited property (in this case, the value cannot exceed 1 million rubles) for the remaining heirs.

Citizens specified in Article 333.35 of the Tax Code of the Russian Federation may be exempt from this tax:

1. people who have lived with the tester during his life and who continue to live in transferred institutions after his death;
2. veterans, participants of the Second World War, heroes of the Russian Federation and the Soviet Union, etc.

Will and tax

Is inheritance tax paid by will? And the tax on inheritance by will is not paid to a relative?

Will inheritance taxes be myth or reality? Many changes have been made to this system. Keeping track of everyone is difficult. This is why you couldn't pay taxes yesterday, but you owe it today. To avoid surprises, you should be constantly interested in the changes made to some of the provisions of the Russian Federation.

The fact is that in fact inheritance tax has been abolished. Currently, this rule applies to citizens of the Russian Federation. But not really. It turns out that inheritance by law in some cases really requires the payment of a certain amount of money.

As mentioned, people are not always completely free of payments. In some cases, inheritance tax is levied. This is true, not very often. But from all relatives who rely on the property of the deceased.

As a rule, cash is considered. Or, in other words, income. But first, a little information about the process in general. There are at least two forms of inheritance - by law and by will. To avoid any controversy about who is eligible to apply for what, you should know when you can use a particular option.

By law, without inheritance, all family members accept the order of inheritance. As a rule, the distribution applies to those who are close to the first stage.

In addition, property is divided in accordance with the law when a "division" of something is specified in a will. Declaration of loss of inheritance (partial or complete), refusal in favor of the parent, absence of heirs in the text of the will, as well as their withdrawal as plaintiffs - all of this applies here. Therefore, do not think that only the will gives the right to inherit.

Important! For all questions, if you do not know what to do and where to contact:

Call 8-800-777-32-63.

Free legal hotline.

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A will is a rather important act that allows you to distribute the property of the deceased among the heirs. In one case, the division of property takes place in a peaceful manner, in the other, this procedure becomes significantly more complicated, since one of the parties begins to claim its rights, and in one case this may be justified, but in the other not. In this article, we will analyze what is the invalidity of a will, what is the judicial practice, etc.

Invalidation of a will by judicial practice

The judicial practice of invalidating a will primarily proceeds from the extent to which the party's declaration of invalidation was legal.

Here, of course, the law works, which provides for cases of invalidity, although it is very vague. This case can be analyzed by analogy with the invalidity of the transaction.

So, if the testator was mistaken during the drawing up of the will, then this may serve as a basis for declaring the will invalid. Here it is worth paying attention to the evidence base, since if such a fact is present, but there is no evidence in court, this may not help in any way.

There are cases when it is not required to invalidate a will; such wills are called null and void. That is, these are the wills that initially did not take legal form. This happens mainly from obvious violations of the law in the process of drawing up a will, for example, when the form of the will was not observed, or when not his property was bequeathed. Thus, the judicial practice here is quite unambiguous, if the will is already null and void, then the heirs do not have any rights to the property under the will.

You should also pay attention to minor violations, for example, misspellings in a will. A will is an act that has some freedom in writing, so there may be some misspellings or some small problems with the form. This, in fact, cannot but serve to invalidate the will, as evidenced by the judicial practice. The main thing in this case is the observance of an important condition - the absence of distortion of the meaning of the will.

Statement of claim for invalidation of a will

A statement of claim for invalidating a will is essentially not much different from a statement of claim for invalidating a transaction.

Here it is necessary to indicate the will itself, attach it to the case file, and also provide evidence that will become the basis for recognizing the transaction as invalid.

From an actual point of view, it seems to be happy with a simple task, however, from a formal point of view, not everything is so simple. Many heirs cannot defend their rights only because they cannot correctly represent their interests in court. Here it is better to consult, or even involve a lawyer who works on such cases.

Revocation of a Will and Recognition of It Invalid

In this section, it is important to bear in mind that revoking a will is a rather serious legal step. Cancellation of a will can be made for several reasons:

1. During his lifetime, the testator himself revoked the will;
2. It was invalidated;
3. The will is considered null and void.

In the first case, it is clear: the legal basis of the will has no force, which means there are no legal consequences. However, some heirs could conceal such a fact, which, in fact, is already the subject of not only civil law relations, however, in them this will is already considered null and void and has no further legal consequences.

It is possible to revoke a will and declare it invalid only in court, unlike the other two ways of revoking a will. The court, taking into account all the evidence, and also relying on the provisions of the law, must decide whether to recognize this will invalid or not.

It should be understood that the reasons for revoking a will are not always legal, therefore it is better to first read the law, special literature, judicial practice or contact a lawyer on such issues.

In what cases the will is invalidated

For general reasons (Articles 168 - 179 of the Civil Code of the Russian Federation), a will may be invalidated in the following cases:

1. contrary to the law;
2. drawn up by a person recognized by a court as incompetent or partially incompetent;
3. committed by a citizen unable to understand the meaning of his actions or to direct them;
4. committed under the influence of deception, delusion, violence, threats, etc.

Special grounds for invalidity will include the following reasons:

1. violation of the requirement of a written will;
2. violation of the rules of the form of a will (a will must be certified by a notary, in exceptional cases - by other persons established by law);
3. when the testator's signature is absent on the will (except in cases where the testator cannot sign it himself and, therefore, the processor is involved);
4. other grounds.

This is an approximate list of the most common cases, it is not exhaustive, so it is worth taking into account that if you have a thought about the illegality of the will, then you can quite elaborate this question.

Important! For all questions, if you do not know what to do and where to contact:

Call 8-800-777-32-63.

Free legal hotline.

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The appointment and appointment of an heir in a will is the right of the testator to draw up a will in favor of one or more persons included and not included in the circle of heirs in accordance with federal law.

The testator has the right to indicate in an official document another citizen as an heir. (to appoint an heir), if the previous one has already passed away before the inheritance.

The assignment of heirs in the literature is called substitution, and the alleged heirs are called substitute. The designated heir can be any citizen or legal entity, as well as the state.

Nuance

The appointment and reassignment of an heir in a will is the basis for granting the property of a deceased person. How to properly appoint your heir? Everything will depend on the person's will. And how to appoint heirs in the will? It is only necessary to determine the heirs in the will.

The law does not limit the number of subcontracts, therefore the testator has the right to replace the heir and the signed heir. The usual wording is: "I will leave property to one or the other, and if he refuses the inheritance, I will appoint an heir to one or the other," but this can be continued with the words: "If the latter leaves the inheritance, the inheritance must pass ...". However, double or triple goals are rare in practice.

Gift or testament

• Designing a deed of gift: benefits

Situations often arise when a very real deal is held under the guise of a donation. For example, a person wants to sell a room in a communal apartment. The fact is that, according to current laws, other owners of common property have preferential rights to redemption. At the same time, it is necessary to properly notify them, which often becomes a problem - they do not accept the notification, they evade the transaction. In such a situation, the design of a donation can help.

A donation agreement is also beneficial in cases where the owner does not want to leave, for example, an apartment to his legal heirs. In such a situation, making a deed of gift for an apartment can be an excellent way out.

How to issue a deed of gift?

If the donor has thought of everything well, is completely confident in his actions, then he should collect a number of documents. The most difficult type of donation is real estate donation. You will need a TIN, a passport, documents confirming the right to, in fact, the real estate itself, an extract from the register of ownership (BTI certificate), a document confirming the property valuation. It should be noted that there is no universal list of documents; the list may vary depending on specific circumstances. Certain types of documents must be certified by a notary, who will help you figure out how to draw up a deed of gift, what documents are needed.

The collected documents, certified by a notary, together with the donation agreement, should be registered with the Office of the Federal Registration Service. To draw up the contract itself, the participation of a notary may not be required, however, the slightest inaccuracy, a blot - and the documents will be returned for revision. Therefore, the help of a professional lawyer will still not be superfluous - without it, the process can take months.

How much does it cost to make a donation?

The question of how much a donation cost implies, first of all, a property transfer tax:

1. There is no tax if the gift is issued to a family member, that is, a child, parent, spouse.
2. There is no tax if the donation is issued for a relative, that is, a grandmother, grandson, sister.
3. The tax will be 13% if the donation is issued to distant relatives, strangers.

Other expenses:

1. Notarial fee (depends on the value of the property).
2. State fee registration, registration of ownership (1000 rubles).

If the heir is dismissed as unworthy, refuses the inheritance, does not accept it, without specifying in whose favor he refuses, then the share of the inherited inheritance passes to the heirs in accordance with the right of representation in proportion to the inherited shares.

In what cases inheritance under the law of representation is not performed

As a rule, inheritance is excluded if another heir is appointed by the will instead of the deceased heir. If the heir was deprived of the inheritance, abandoned it, or was declared unworthy, then his descendants will not be able to inherit by right of representation.

Getting an inheritance is easy enough. The main thing is to come to the notary office and provide a complete package of documentation in accordance with the current federal legislation. Then get the necessary documents for the purchased property.

After receiving a writ of execution on the collection of funds, the recoverer can independently engage in its execution:

• by submitting it to the bank where the debtor's current account is opened, having previously received information from the tax authority about the debtor's open accounts;
• either by presenting a writ of execution to an organization or another person who pays the debtor wages, pensions, scholarships and other periodic payments upon knowledge of the place where the debtor receives periodic payments and provided that the amount of debt does not exceed twenty-five thousand rubles or the subject of execution is the collection of periodic payments.

Unfortunately, independent tools are unreasonably scarce, and independent execution often turns into a game of cat and mouse with the debtor, when money “walks” through the debtor's accounts, depending on where the claimant has presented the writ of execution.

In the absence of reliable information on the availability of funds in a specific current account of the debtor, seeking help from bailiffs seems to be the most correct.

So, if on its own it means always fast, but not always effective.

Submission of a writ of execution to the bailiff service

You will be doomed to a certain amount of red tape, but at the same time, you will receive all the legal instruments for the enforcement of a writ of execution.

Enforcement proceedings are initiated no later than 6 days from the date of receipt of the writ of execution by the bailiff service. The debtor is usually given a 5-day period for voluntary performance. I.e, after 11 days, active work should begin on your sheet.

The functional content of such work depends on you and the specific situation. The bailiff, in practice, is likely to confine himself to inquiries to the Unified State Register of Legal Entities about registered rights to real estate and information about the debtor's accounts.

The Federal Law "On Enforcement Proceedings" provides for a two-month period from the date of initiation of enforcement proceedings for the execution of the requirements contained in the enforcement document. The term is not a restrictive one, but within its framework, the bailiff must perform the minimum amount of work aimed at enforcing the judicial act.

If you have information about the presence of the property of the debtor, which can be foreclosed, do not forget to indicate the need for his arrest in the application for initiating enforcement proceedings. Debtors, in order to prevent foreclosure of the property, very often "sell" all their property, while remaining its actual owner.

Below we give a minimum list of what a bailiff-executor must do in any enforcement proceedings (independently or at your request)..

What should be done by the bailiff

To identify the debtor's property, the bailiff must send inquiries regarding the debtor and his spouse to the following registering and other authorities:

• the regional inspection of the Federal Tax Service of Russia at the place of registration of the debtor on the numbers of settlement, current and other accounts, on the name and location of banks and other credit institutionsin which accounts are opened; on the taxes accrued and on the objects of taxation of the debtor for the last 3 years.
• management of the Pension Fund of Russia at the place of registration of the debtor on the deductions of employers in favor of the debtor;
• commercial banks on the territory of the urban district of Voronezh on the availability of open settlement, current and other accounts in the name of the debtor / availability of funds for them;
• recording tax authority on the debtor's participation in legal entities;
• department of the Federal Service for State Registration, Cadastre and Cartography on the availability of registered rights to real estate and transactions with it;
• regional BTI on the rights to real estate registered before 1998, as well as on the primary technical. inventory of real estate objects carried out after 01.02.1998;
• traffic police management about registered vehicles;
• department for the organization of licensing and permitting work of the Central Internal Affairs Directorate in the relevant area on the presence of registered weapons (self-defense, hunting, collection);
• department of State Technical Supervision on registered self-propelled and construction equipment;
• the center of the State Inspection of Small Vessels of the Ministry of Emergency Situations of Russia on registered small vessels and bases (structures) for their mooring;

Taking into account the information received in response to inquiries, the bailiff is obliged to carry out visits and inspections, as well as to carry out an inventory and seizure of property and funds of the debtor, within the time period specified by law; assess the seized property and organize its subsequent sale.

Also, do not forget to petition the bailiff-executor for a temporary restriction on the debtor's departure from the Russian Federation and renew this measure of compulsory execution every six months.

Control over the work of the bailiff

When presenting a writ of execution to the bailiff service, it is necessary to understand that in order to fully study the situation, it is necessary to control the progress of the enforcement proceedings, otherwise the only thing that will be done is to issue a decision to initiate enforcement proceedings.

The claimant must be notified of the initiation of enforcement proceedings, the arrest of the debtor's property, its transfer for sale, postponement and suspension of enforcement proceedings, the termination of enforcement proceedings and its termination, and the commission of other enforcement actions.

Simply put, the law obliges the bailiff to notify you of almost any action taken in the framework of enforcement proceedings.

Violation of this requirement makes it possible to appeal (contest) the inaction of the bailiff.

In addition, the law obliges the bailiff to be proactive. For example, when a debtor evades registering property that can be foreclosed, and the debtor has no other assets, the bailiff has the right (Article 66 of the Federal Law “On Enforcement Proceedings”) to perform state registration of the debtor's rights to property and subsequent foreclosure on this property. Please note that the control function, like the collection process itself, can be transferred.

The bailiff's failure to exercise his rights (inaction) can also be challenged.

Appealing (challenging) the actions / omissions of the bailiff

In order to induce the performance of actions, you can appeal or challenge the actions (inaction) of the bailiff of the executor. The Law on Enforcement Proceedings describes in detail the procedure and terms for filing a complaint, sets requirements for the form and content of the complaint.

An appeal is a procedure that consists in filing a complaint in the order of subordination to a superior, in relation to the bailiff-executing official.

Also, the actions (inaction) of the bailiff-executor can be challenged.

Contesting is the same procedure, only the question of the legality of an action (inaction) is decided not by a superior official, but by a court.

Challenge differs from appeal in that it is carried out through the courts. It is noteworthy, but the terms of the challenge differ depending on the court in which the actions (inaction) of the bailiff are challenged. The term for challenging the actions (omissions) of the bailiff-executor in the Arbitration Court is 3 months. The term for challenging the actions (omissions) of the bailiff-executor in a court of general jurisdiction is 10 days.

To improve the efficiency of the bailiffs' work on your writ of execution, you cannot neglect such a tool as challenging (appeal). As a rule, after filing a complaint, bailiffs-executors independently eliminate the violations.

Recovery of damages

Do not forget about such a method as from the treasury of the Russian Federation of losses incurred due to illegal actions (inaction) of the bailiff.

In all cases when, due to the illegal behavior of an official of the bailiff service, your chances of receiving a debt from the debtor have decreased or equated to zero, you can go to court with a demand to declare the actions (inaction) of the bailiff unlawful and to recover damages.

The classic cases when you should go to court with the above requirements are:

• The bailiff's violation of the reasonable timeframe for the seizure of the property or property rights of the debtor, in connection with which the foreclosure on such property or property rights has become impossible. For example, after the initiation of enforcement proceedings, funds were received from the counterparties to the debtor's account. After two months of enforcement proceedings, all the funds from this account were withdrawn by the debtor, and the bailiff-executor seized only when the account became zero.
• Loss of property by the custodian chosen by the bailiff.
  For example, when the property was transferred to the auction, it turned out that it was lost by the custodian for any possible reason, and the bailiff himself chose such a custodian.
• Disposal of property from the possession of the debtor due to illegal actions of the bailiff.
  For example, the debtor's property was seized, but later this seizure was unreasonably lifted by the bailiff himself, and the debtor's only liquid property was sold, and the claimant lost the actual possibility of execution.

Despite the seeming simplicity of the execution of the court decision, in practice, it is difficult to achieve real execution without qualified assistance.

Be prepared for the fact that by applying all enforcement measures to the debtor, you may never get to real execution. It is possible that your debtor, even before entering into a contractual relationship with you, for example, was "naked as a falcon" and he simply does not have any assets, and, therefore, the ability to pay off.

It's time to think about and assess your risks in advance.

CHAPTER 36
PROCEDURE FOR PRODUCTION OF EXECUTIVE ACTIONS

Article 483. Place of performance

Execution according to executive documents is carried out by the bailiff of the court in the area of \u200b\u200bactivity of which the debtor lives or works, or at the location of his property; if the debtor is a legal entity - at the location of the executive body of this person or at the location of its property.

If, in the process of execution, the debtor left for the area of \u200b\u200banother court and there is no property that could be foreclosed at the previous place of residence of the debtor, then the judge sends the executive document to the court at the new place of residence of the debtor, and notifies the claimant.

Article 484. Initiation of enforcement proceedings

The bailiff initiates enforcement proceedings within three days after receiving the duly executed executive documents and an oral or written statement from the claimant. In addition, enforcement proceedings are initiated by a bailiff on the initiative of:

1) a prosecutor in accordance with Article 81 of this Code, a court in accordance with Article 463 of this Code;

2) state bodies, legal entities and citizens, on their own behalf, protecting the rights of other persons in cases stipulated by Articles 85–87 of this Code.

The bailiff, after the judge has checked the correctness of the execution of the court order, the existence of the right to compulsory execution and compliance with the procedure for its implementation, initiates enforcement proceedings. In this case, the bailiff makes an entry indicating the date in the court order, the parties are notified, and a proposal is sent to the debtor to voluntarily execute the decision within the time limits specified in Article 467 of this Code.

The court refuses to initiate enforcement proceedings:

1) if there is a court ruling on the acceptance of the recoverer's refusal to collect;

2) if there is a court ruling on the approval of an amicable agreement between the claimant and the debtor;

3) if, after the death of a citizen or the liquidation of a legal entity that was a recoverer or a debtor, the claims or obligations cannot pass to their successors;

4) if the statutory limitation period has expired for this type of collection;

5) if the decision of the relevant body on the basis of which the executive document was issued is canceled;

6) in other cases stipulated by legislation.

In case of refusal to initiate enforcement proceedings after the expiry of the time limit for appealing against the judge's ruling, the executive document is sent to the court or other body that issued the document.

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The return of the writ of execution is not an obstacle for a new presentation of the executive document for execution after the elimination of the violations noted by the bailiff.

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