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FEDERAL LAW OF THE RUSSIAN FEDERATION

of October 2, 2007 No. 229-FZ

About enforcement proceeding

(as amended on 21-02-2019)

Accepted by the State Duma of the Russian Federation on September 14, 2007

Approved by Council of the Russian Federation on September 19, 2007

Chapter 1. Basic provisions

Article 1. Coverage of this Federal Law

1. This Federal Law determines conditions and procedure for forced execution of court resolutions, acts of other bodies and officials who when implementing of the powers established by the Federal Law are granted the right to assign to foreign states, physical persons (further also - citizens), legal entities, the Russian Federation, subjects of the Russian Federation, municipalities (further also - the organizations) obligations on transfer to other citizens, the organizations or to the corresponding cash budgets and other property or to making in their advantage of certain actions or to abstention from making of certain actions.

2. Conditions and procedure for execution of court resolutions on transfer to citizens, the organizations of money of the relevant budget of budget system of the Russian Federation are established by the budget legislation of the Russian Federation.

3. Conditions and procedure for execution of separate court resolutions, acts of other bodies and officials can be established by other Federal Laws.

Article 2. Enforcement proceeding tasks

Tasks of enforcement proceeding are the correct and timely execution of court resolutions, acts of other bodies and officials, and in stipulated by the legislation cases of the Russian Federation execution of other documents for the purpose of protection of the violated rights, freedoms and legitimate interests of citizens and organizations, and also for the purpose of ensuring obligation fulfillment according to international treaties of the Russian Federation.

Article 3. Legislation of the Russian Federation on enforcement proceeding

1. The legislation of the Russian Federation on enforcement proceeding is based on the Constitution of the Russian Federation and No. 118-FZ "About bodies of forced execution of the Russian Federation" (further - the Federal Law "About Bodies of Forced Execution of the Russian Federation") and other Federal Laws regulating conditions and procedure for forced execution of court resolutions, acts of other bodies and officials consists of this Federal Law, the Federal Law of July 21, 1997.

2. The regulations of the Federal Laws regulating conditions and procedure for forced execution of court resolutions, acts of other bodies and officials shall correspond to this Federal Law.

3. On the basis and in pursuance of this Federal Law the President of the Russian Federation and the Government of the Russian Federation adopt regulatory legal acts concerning providing enforcement proceeding.

4. If the international treaty of the Russian Federation establishes other rules, than stipulated by the legislation the Russian Federation about enforcement proceeding, then rules of the international treaty are applied.

Article 4. Principles of enforcement proceeding

The enforcement proceeding is performed on the principles:

1) legality;

2) timeliness of making of executive actions and application of measures of forced execution;

3) respect of honor and advantage of the citizen;

4) immunity of minimum of the property necessary for existence of the debtor citizen and members of his family;

5) attributability of amount of requirements of the claimant and measures of forced execution.

Article 5. Bodies of forced execution

1. Forced execution of court resolutions, acts of other bodies and officials according to the procedure, established by this Federal Law, is assigned to Federal Bailiff Service and its territorial authorities.

2. Direct implementation of functions on forced execution of court resolutions, acts of other bodies and officials is assigned to judicial police officers-contractors of structural divisions of Federal Bailiff Service and judicial police officers-contractors of structural divisions of territorial authorities of Federal Bailiff Service (further - divisions of bailiffs).

3. Powers of judicial police officers-contractors are determined by this Federal Law, the Federal Law "About Bodies of Forced Execution of the Russian Federation" and other Federal Laws.

4. For the purpose of ensuring forced execution of court resolutions, acts of other bodies and officials, and also exchange of information in electronic form, electronic documents with the public authorities, other bodies, state non-budgetary funds, the organizations, persons participating in enforcement proceeding, the Federal Bailiff Service uses the state information systems.

Article 6. Obligation of requirements of the judicial police officer-contractor

1. Legal requirements of the judicial police officer-contractor are obligatory for all state bodies, local government bodies, citizens and the organizations and are subject to strict accomplishment in all territory of the Russian Federation.

2. In case of failure to carry out of legal requirements of the judicial police officer-contractor it applies the measures provided by this Federal Law.

3. Failure to carry out of legal requirements of the judicial police officer-contractor, and also hindrance to implementation by the judicial police officer-contractor of functions on execution of court resolutions, acts of other bodies and officials attract responsibility, stipulated by the legislation the Russian Federation.

Article 6.1. Databank in enforcement proceeding

1. The Federal Bailiff Service creates and conducts, including in electronic form, the databank containing the data necessary for implementation of tasks on forced execution of court resolutions, acts of other bodies and officials (further - databank).

2. The procedure for forming and maintaining databank is determined by the Chief Bailiff of Russia.

3. The following data containing in databank are public:

1) acceptance date of court resolution, act of other body or official;

2) type of the executive document, its number, the name of the body which issued the executive document;

3) date of excitement of enforcement proceeding;

4) number of enforcement proceeding;

5) the name of the debtor (for citizens - surname, name, middle name (in case of its availability), birth date, the birthplace; for the organizations - the name and the address specified in the Unified State Register of Legal Entities, the actual address);

6) the requirement containing in the executive document, except for the requirement containing in the executive document issued based on court resolution which text in accordance with the legislation of the Russian Federation is not subject to placement in Internet network, and data on the claimant;

6. 1) the amount of outstanding debt according to the executive document;

7) the name and the address of division of bailiffs in which it is initiated (is kept) enforcement proceeding;

8) this about the announcement of search of the debtor, its property or search of the child (for the child - surname, name, middle name (in case of its availability) and year of birth).

9) data on return of the executive document to the claimant on the bases provided by Items 3 and 4 of part 1 of article 46 of this Federal Law or about the termination of enforcement proceeding on the bases provided by Items 6 and 7 of part 1 of article 47 of this Federal Law.

4. The data specified in part 3 of this Article are public about day of the termination or the termination of enforcement proceeding, except for data on the announcement of search of the debtor, its property or search of the child which are public before detection of specified persons or property, and also data on return of the executive document to the claimant on the bases provided by Items 3 and 4 of part 1 of article 46 of this Federal Law or about the termination of enforcement proceeding on the bases provided by Items 6 and 7 of part 1 of article 47 of this Federal Law which are public within three years from the date of the termination of enforcement proceeding.

5. From the date of excitement of enforcement proceeding information necessary for debt collection on the executive document, goes Federal Bailiff Service to the State information system about the state and municipal payments according to the procedure and the terms provided by part 5 of article 21.3 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services". The bank, other credit institution, the organization of federal mail service, other bodies and the organizations through which payment of money on account of debt repayment on enforcement proceeding is made shall send information on their payment to the State information system about the state and municipal payments according to the procedure and the terms provided by part 4 of article 21.3 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services".

Article 7. The bodies, the organizations and citizens performing the requirements containing in court resolutions, acts of other bodies and officials

1. In the cases provided by the Federal Law, the requirements containing in court resolutions, acts of other bodies and officials are performed by bodies, the organizations, including state bodies, local government bodies, banks and other credit institutions, officials and citizens.

2. The bodies specified regarding 1 this Article, the organizations and citizens perform the requirements containing in court resolutions, acts of other bodies and officials, based on the executive documents specified in article 12 of this Federal Law, according to the procedure, established by this Federal Law and other Federal Laws.

Article 8. Execution of the requirements containing in court resolutions, acts of other bodies and officials, banks and other credit institutions

1. The executive document on money recovery or on their arrest can be sent to bank or other credit institution directly by the claimant.

2. Along with the executive document the claimant represents the statement in which are specified to bank or other credit institution:

1) bank account details of the claimant on which it is necessary to list the collected money;

2) surname, name, middle name, nationality, details of the identity document, the residence or the place of stay, identification taxpayer number (in case of its availability), data of the migration card and the document confirming the right to stay (residence) in the Russian Federation of the claimant citizen;

3) the name, identification taxpayer number or code of the foreign organization, the state registration number, the address of the claimant - the legal entity.

3. The representative of the claimant submits the document certifying its powers, and data specified in part 2 of this Article on the claimant and about itself.

4. Ceased to be valid according to the Federal Law of the Russian Federation of 28.07.2012 No. 144-FZ.

5. The bank or other credit institution performing servicing of accounts of the debtor performs the requirements about money recovery or about their arrest containing in the executive document taking into account the requirements provided by articles 99 and 101 of this Federal Law.

Article 8.1. Execution of requirements of court resolutions by issuers and professional participants of the security market

1. The executive document on write-off from personal account or from the custody account of the debtor and about transfer (further - the executive document on write-off of securities) can be directed to personal account or the custody account of the claimant of issued securities by the claimant directly to the issuer if it independently performs activities for maintaining the register of owners of such securities, or the holder of the register performing maintaining the register of owners of issued securities at the request of the issuer or to the depositary performing accounting of the rights to issued securities of the debtor provided that the claimant has data on the specified accounts of the debtor which are available on securities.

2. Along with the executive document on write-off of securities the claimant submits the statement in which the data provided by Items 2 and 3 of part 2 of article 8 of this Federal Law are specified. The representative of the claimant submits the document certifying its powers, and data provided by this Article on the claimant and about itself.

3. The executive document on write-off of securities is subject to execution by person performing accounting of the rights to issued securities of the debtor.

4. In case of document transfer, the owners of issued securities constituting system of maintaining the register, transfer of issued securities from personal account or from the custody account to personal account or one depositary to other depositary the unexecuted or performed partially executive documents on write-off of securities are transferred to the custody account to the new person performing accounting of the rights to issued securities of the debtor.

Article 9. Execution by persons paying to the debtor citizen periodical payments, court resolution, the act of other body or the official

1. The executive document on collection of the periodical payments, on money recovery which are not exceeding in the amount of hundred thousand rubles can be sent to the organization or to the other person, paying to the debtor the salary, pension, grant and other periodical payments, directly the claimant.

2. Along with the executive document the claimant submits the statement in which are specified:

1) bank account details on which it is necessary to list money, or the address to which it is necessary to transfer money;

2) surname, name, middle name, details of the identity document of the claimant citizen;

3) name, identification taxpayer number or code of the foreign organization, state registration number, address of the claimant of the legal entity.

3. The representative of the claimant submits the document certifying its powers, and data specified in part 2 of this Article on the claimant.

4. Persons specified regarding 1 this Article make indexation of the periodical payments paid for the purpose of the indemnification caused to life or health, under the agreement of the perpetual maintenance and in other cases established by the law, according to the procedure, established by the legislation of the Russian Federation. About such indexation specified persons shall issue the order (order).

Article 10. Execution of court resolutions, acts of other bodies and officials concerning foreign citizens, stateless persons, foreign states and the foreign organizations

In case of execution in the territory of the Russian Federation of court resolutions, acts of other bodies and officials concerning foreign citizens, stateless persons, foreign states and the foreign organizations provisions of this Federal Law extend to them. The foreign state uses immunity concerning execution of the judgment according to the Federal Law of November 3, 2015 No. 297-FZ "About jurisdictional immunities of foreign state and property of foreign state in the Russian Federation".

Article 11. Execution of foreign judgements and arbitration

The procedure for execution in the Russian Federation of foreign judgements, including sentences, resolutions of courts of foreign states regarding confiscation of the income which is in the territory of the Russian Federation gained in the criminal way, and arbitration is established by the corresponding international treaties of the Russian Federation, the procedural legislation of the Russian Federation and this Federal Law.

Chapter 2. Executive documents

Article 12. Types of executive documents

1. The executive documents directed (shown) to the judicial police officer-contractor are:

1) the writs of execution issued by courts of law and Arbitration Courts based on the court resolutions adopted by them;

2) writs;

3) notarially certified agreements on payment of the alimony or their notarially attested copies;

3. 1) notarially certified mediativny agreements or their notarially attested copies;

4) the certificates issued by the commissions on employment disputes;

4. 1) acts of the Pension Fund of the Russian Federation and Social Insurance Fund of the Russian Federation of money recovery from the debtor citizen registered in accordance with the established procedure as the individual entrepreneur without application of documents, the banks containing marks or other credit institutions if the debtor has the right to perform business activity without opening settlement and other accounts;

4. 2) the certificates issued by representatives for the rights of consumers of financial services according to the procedure, provided by the Federal Law "About the Representative for the Rights of Consumers of Financial Services";

5) acts of the bodies performing control functions, except for the executive documents, specified in Item 4.1 of this part, on money recovery with application of documents containing marks of banks or other credit institutions in which settlement and other accounts of the debtor, about complete or partial non-execution of requirements of the specified bodies due to the lack on accounts of the debtor of the money sufficient for satisfaction of these requirements are opened;

5. 1) decisions of the state inspectors of work on forced discharge of duty of the employer on payment to the worker of the salary and (or) other payments added, but not paid at the scheduled time performed within employment relationships;

6) court resolutions, acts of other bodies and officials on cases on administrative offenses;

7) resolutions of the judicial police officer-contractor;

8) acts of other bodies in the cases provided by the Federal Law.

9) executive text of the notary;

10) request of the central body appointed in the Russian Federation for the purpose of ensuring obligation fulfillment according to the international treaty of the Russian Federation about search of the child illegally moved to the Russian Federation or withheld in the Russian Federation (further - request of the central body about search of the child);

11) the executive documents issued by competent authorities of foreign states and which are subject to execution in the territory of the Russian Federation according to international treaties of the Russian Federation;

12) determination of the judge about property attachment for the purpose of ensuring execution of the resolution on purpose of administrative punishment for making of administrative offense, the stipulated in Article 19.28 Russian Federation Codes of Administrative Offences.

1.1. The executive document can be sent to the judicial police officer-contractor in electronic form, signed by the judge, person presiding over the meeting of collegiate organ, or the official who adopted the relevant act, the strengthened qualified digital signature according to the procedure established by the legislation of the Russian Federation.

2. In case of loss of the original of the executive document the basis for execution is its duplicate issued in accordance with the established procedure by the court, other body or the official who adopted the relevant act.

3. The executive document according to which the enforcement proceeding is initiated is in enforcement proceeding materials. The judicial police officer-contractor directs the relevant resolution for execution.

4. In case of need the directions or uses on paper of the executive document which is taken out and (or) directed for execution in electronic form, the judicial police officer-contractor makes its copy by transfer of the electronic document in the paper document.

Article 13. Requirements imposed to executive documents

1. In the executive document, except for resolutions of the judicial police officer-contractor, the writ, executive text of the notary and notarially certified agreement on payment of the alimony, shall be specified:

1) the name and the address of court or other body, the issued executive document, surname and the official's initials;

2) the name of case or materials based on which the executive document, and their numbers is issued;

3) acceptance date of court resolution, act of other body or official;

4) date of the introduction in legal force of court resolution, the act of other body or the official or specifying on immediate execution;

5) information about the debtor and claimant:

a) for citizens - surname, name, middle name (in the presence), the residence or the place of stay, and for the debtor also - birth date and birth place, place of employment (if they are known), one of identifiers (the insurance number of the individual ledger account, identification taxpayer number, series and document number, proving the identity, series and number of the car driver license, series and certificate number about vehicle registration), for the debtor who is the individual entrepreneur, also - identification taxpayer number, the primary state registration number (if it is known);

b) for the organizations - the name and the address specified in the Unified State Register of Legal Entities, the actual address (if it is known), identification taxpayer number, the primary state registration number (if it is known);

c) for the Russian Federation, the subject of the Russian Federation or municipality - the name and the address of the body authorized from their name to perform the rights and to fulfill duties in enforcement proceeding;

d) for foreign state - in addition to the data specified in Items 1 - the 4th this part, also the name and the location of relevant organ, organization or other education;

6) the substantive provisions of court resolution, the act of other body or the official containing the requirement about assignment of the debtor of obligation for transfer to the claimant of money and other property or making for benefit of the claimant of certain actions or to abstention from making of certain actions;

7) date of issue of the executive document.

1.1. The court resolution, the act of body, the official about the imposing of administrative penalty accepted on the case of administrative offense in addition to information specified regarding 1 this Article shall contain information necessary according to rules of filling of settlement documents on transfer of the amount of administrative penalty, stipulated by the legislation the Russian Federation about national payment system, and in the act of body, the official of the imposing of administrative penalty accepted on the case of administrative offense, the mark about failure to pay by the debtor the ordered to pay administrative fine also shall be put down. In case of the direction of the specified act to the judicial police officer-contractor in electronic form the mark about failure to pay by the debtor the ordered to pay administrative fine is made for execution in electronic form, signed by person presiding over meeting of collegiate organ or the official who adopted the relevant act, the strengthened qualified digital signature.

1.2. The decision of the state inspector of work on forced discharge of duty of the employer on payment to the worker of the salary and (or) other payments added, but not paid at the scheduled time performed within employment relationships along with information specified regarding 1 this Article shall contain data on bank account details of the claimant and be put down mark about delivery of the specified decision to the employer.

2. If before issue of the executive document delay or extension of the deadline for executing is granted, then in the executive document it is specified with what time completion date of the requirements containing in it begins.

3. The executive document issued based on court resolution or which is court resolution is signed by the judge and certified by official stamp of court.

4. The executive document issued based on the act of other body or which is the act of other body is signed by the official of this body and certified by seal of this body or person which issued it, and in case of the direction of the executive document in electronic form it is signed by the strengthened qualified digital signature in accordance with the legislation of the Russian Federation.

5. Contents of the writ and notarially certified agreement on payment of the alimony are determined by the Federal Laws. These executive documents are signed by the persons which accepted or certified them and certified by seal.

6. In request of the central body about search of the child are specified:

1) the name and the address of the body which submitted inquiry, surname and the official's initials;

2) receipt date of the statement for return illegally the child moved to the Russian Federation or withheld in the Russian Federation or about implementation concerning such child of access rights based on the international treaty of the Russian Federation;

3) information about the child: surname, name, middle name (in the presence), birth date and birth place, the available data on its place of stay and other data which can help to establish the location of the child;

4) the information about person with which there can be child: surname, name, middle name (in the presence), birth date (if it is known), the available place of residence and (or) the place of stay, the location of its property, place of employment and other data which can help to establish the location of the child;

5) date of issue of request of the central body about search of the child.

6.1. Requirements to the executive document issued by competent authority of foreign state and which is subject to execution in the territory of the Russian Federation according to the international treaty of the Russian Federation are established by the legislation of this foreign state.

7. Requirements to formats of the executive documents which are taken out and (or) directed for execution in electronic form are established by the Government of the Russian Federation if other procedure is not established by the Federal Law.

Article 14. Resolution of the bailiff

1. The decisions concerning enforcement proceeding made by the judicial police officer-contractor, the Chief Bailiff of Russia, the main bailiff of the subject (the main bailiff of subjects) of the Russian Federation, the senior bailiff and their deputies (further also - the official of service of bailiffs) from the date of the direction (presentation) of the executive document to execution, are drawn up by resolutions of the official of service of bailiffs.

2. In the resolution of judicial or other official of service of bailiffs shall be specified:

1) name of division of bailiffs and its address;

2) date of pronouncement of the resolution;

3) position, surname and initials of person which issued the decree;

4) the name and number of enforcement proceeding according to which the decree is issued;

5) question on which the decree is issued;

6) the bases of the made decision with reference to the Federal Laws and other regulatory legal acts;

7) the decision made on case in point;

8) procedure for appeal of the resolution.

2.1. The resolution of the judicial police officer-contractor or other official of service of bailiffs can be taken out in electronic form, signed by the strengthened qualified digital signature of the judicial police officer-contractor or other official of service of bailiffs according to the procedure, established by the legislation of the Russian Federation. The specified resolution can be sent to the person participating in enforcement proceeding including to single personal account in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services). Requirements to format of the resolution of the judicial police officer-contractor or other official of service of bailiffs who is taken out in electronic form are established by Federal Bailiff Service.

3. The judicial police officer-contractor or other official of service of bailiffs has the right on the initiative or of the statement of persons participating in enforcement proceeding to correct the slips or appreciable arithmetic errors allowed by it in the resolution. The specified corrections are made by the resolution on introduction of amendments to earlier issued decree.

4. The resolution of the judicial police officer-contractor or other official of service of bailiffs is subject to execution in time, specified in the resolution, and can be appealed according to the procedure of subordination to the higher official of service of bailiffs or is disputed in court.

5. The higher official of service of bailiffs has the right to cancel or change the decision of the judicial police officer-contractor or other official of service of bailiffs which is not conforming to requirements of the legislation of the Russian Federation.

Chapter 3. Terms in enforcement proceeding

Article 15. Establishment and calculation of terms in enforcement proceeding

1. Terms in enforcement proceeding are determined calendar date, specifying on event which shall come, or the period during which action can be made.

2. Terms are estimated for years, months and days. The terms estimated in the days do not join non-working days.

3. If other is not established by this Federal Law, then the current of the term estimated for years, months or days begins next day after calendar date or day of approach of event which determine the beginning of term.

Article 16. The termination of terms in enforcement proceeding

1. The term estimated for years terminates in the corresponding month and day of the last year of fixed term.

2. The term estimated for months terminates in the corresponding day of the last month of fixed term. If the termination of the term estimated for months falls on month which has no corresponding number, then term terminates in the last day of this month.

3. The term estimated in the days terminates in the last day of fixed term.

4. If this Federal Law or other Federal Law does not establish other, then in cases when the last day of term falls on non-working day, the first working day following it is considered day of the termination of term.

5. The term determined in the executive document calendar date terminates:

1) in the day directly prior to the date specified in the executive document if the executive document it is offered to make certain actions before this date;

2) in the day specified in the executive document.

6. Action for which making the fixed term, can be made till twenty four o'clock the last day of fixed term.

7. If the statement, the claim, other documents or sums of money were submitted to body or to the representative to accept them to person or the last day of fixed term is handed over on mail till twenty four o'clock, then fixed term is not considered passed.

8. If action be made directly in the organization, then fixed term ends in that hour when in this organization the working day comes to an end or the corresponding transactions stop.

Article 17. Effects of the omission of terms in enforcement proceeding

1. The omission of the term established by this Federal Law, other Federal Laws or the judicial police officer-contractor for execution of the requirements containing in the executive document attracts the responsibility provided by this Federal Law and other Federal Laws. The omission of term does not exempt from execution of the requirements containing in the executive document.

2. The omission of the term established by this Federal Law, other Federal Laws for appeal to the higher official of service of bailiffs of resolutions and actions (failure to act) of the judicial police officer-contractor, other officials of service of bailiffs attracts return of the claim to person who gave it without consideration on the merits. Such claim is considered not given.

Article 18. Recovery of the passed terms in enforcement proceeding

1. The missed submission due date of the claim can be recovered provided that along with the claim the petition for recovery of the passed term is submitted and the official of service of bailiffs considering the claim recognizes the reasons of the omission of term valid, and submission due date of the petition for recovery of term reasonable.

2. Recovery of the passed term the separate resolution of the official of service of bailiffs is not drawn up and expressed in acceptance to consideration on the merits of the corresponding claim.

3. The refusal in recovery of the passed term is drawn up by the resolution of the official of service of bailiffs who considered the petition. The copy of the specified resolution goes to the person who addressed with the petition, no later than the day following behind day of pronouncement of the resolution.

4. The resolution on refusal in recovery of the passed term can be appealed.

5. Recovery of the passed terms is made for appeal to the court by court according to the procedure, established by the procedural legislation of the Russian Federation.

Article 19. Suspension of terms in enforcement proceeding

1. The current of all unexpired terms stops along with suspension of enforcement proceeding.

2. From the date of renewal of enforcement proceeding the current of terms proceeds.

Article 20. Prolongation of terms in enforcement proceeding

1. The term established by the judicial police officer-contractor can be extended by it according to the statement of person participating in enforcement proceeding. About prolongation or about refusal in prolongation of term the decree is issued.

2. The resolution on prolongation or on refusal in prolongation of the term established by the judicial police officer-contractor can be appealed.

Article 21. Terms of presentation of executive documents to execution

1. The writs of execution issued based on court resolutions except for of the writs of execution specified in parts 2, 4 and 7 these Articles can be shown to execution within three years from the date of the introduction of court resolution in legal force. The writs of execution containing requirements about return based on the international treaty of the Russian Federation illegally of the child moved to the Russian Federation or withheld in the Russian Federation, are shown to execution within one year from the date of the introduction in legal force of court resolution.

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