RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 17, 2015 No. 50

About application of the legislation by courts by consideration of some questions arising during enforcement proceeding

For the purpose of uniformity of application by courts of the legislation by consideration of the single questions arising during enforcement proceeding, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 2, 5 Federal constitutional Laws of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

Procedure for consideration by courts of the requirements and questions connected with execution of executive documents

1. Judicial protection of the rights, freedoms and legitimate interests of citizens and the organizations in case of forced execution of court resolutions, acts of other bodies and officials is performed according to the procedure of claim production on regulations of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation), administrative legal proceedings - on regulations of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation) and productions on the cases arising from administrative and other public legal relationship - on regulations of the AIC of the Russian Federation taking into account distribution of competence between courts.

Claim the procedure is established for consideration of requirements about release of property, including exclusive property rights (further in the text - property), from arrest (exception of the inventory) in case of the dispute connected with property accessory; about cancellation of the prohibition on the order established by the judicial police officer-contractor property, including prohibition on making of registration actions concerning property (for persons who are not participating in enforcement proceeding); about return of the realized property; about the address of collection on pledged property; about recognition of the biddings by invalid; about indemnification, the executive actions caused as a result of making and/or application of measures of forced execution, and others (for example, part 2 of article 442 CCP of the Russian Federation, part 2 of article 363 KAS Russian Federation, part 1 of article 119 of the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" (further - the Law on enforcement proceeding), Item 1 of Article 349, Item 1 of Article 449 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation).

Requirements about contest of resolutions, actions (failure to act) of judicial police officers-contractors and other officials of Federal Bailiff Service (further - FSSP of Russia) are considered according to the procedure, KAS Russian Federation provided by Chapter 22, and according to the procedure, provided by Chapter of 24 AIC of the Russian Federation. At the same time, if determination of the civil laws and obligations of the Parties of enforcement proceeding depends on permission of these requirements, and also other interested persons, the specified requirements are considered according to the procedure of claim production.

2. The enforcement proceeding questions carried to competence of the courts are permitted according to the Section VII CCP of the Russian Federation regulating the production connected with execution of court decrees and resolutions of other bodies with the Section VIII KAS Russian Federation regulating consideration of the procedural questions connected with execution of court resolutions on administrative cases and permitted by courts of law with the Section VII of the AIC of the Russian Federation regulating production on the cases connected with execution of court resolutions of Arbitration Courts.

Differentiation of competence of the courts of the general jurisdiction and Arbitration Courts

3. The requirements connected with execution of executive documents and which are subject to consideration according to the procedure of claim production are within competence of the courts of the general jurisdiction proceeding from rules of article 22 CCP of the Russian Federation, and Arbitration Courts, including Intellectual Property Rights Court (further - Arbitration Courts) - according to Articles 27, of 28, of 33 AIC of the Russian Federation.

Competence of the courts of the general jurisdiction and Arbitration Courts is determined by cases on contest of resolutions, actions (failure to act) of judicial police officers-contractors according to regulations of article 17 KAS Russian Federation, Article of 29 AIC of the Russian Federation and parts 2 and 3 of article 128 of the Law on enforcement proceeding.

4. If within summary enforcement proceeding along with executive documents of Arbitration Courts the executive documents issued by courts of law and/or executive documents of non-judicial bodies which check of legality is within competence of the courts of the general jurisdiction are performed, then statements for contest of resolutions, the actions (failure to act) of the judicial police officer-contractor connected with implementation of summary enforcement proceeding in general are permitted by court of law.

The questions connected with execution of the executive documents specified regarding the 2nd article 128 of the Law on enforcement proceeding, which are not mentioning summary enforcement proceeding in general and not concerning check of legality of resolutions of the actions (failure to act) of the judicial police officer-contractor relating to execution of this executive document are permitted by Arbitration Court (for example, about legal succession of the claimant in the enforcement proceeding initiated according to the writ of execution issued by Arbitration Court - Article of 48 AIC of the Russian Federation; about delay (payment by installments) of execution - Article of 324 AIC of the Russian Federation, etc.).

Arbitration Court the statement for contest of the resolution, actions (failure to act) of the judicial police officer-contractor is also subject to consideration if it is accepted to production of Arbitration Court before consolidation of enforcement proceedings in summary enforcement proceeding in which the writs of execution issued by courts of law and/or executive documents of non-judicial bodies which check of legality is within competence of the courts of the general jurisdiction are also performed.

5. When maintaining summary enforcement proceeding in which along with executive documents of Arbitration Courts the executive documents issued by courts of law are performed the question of approval of the voluntary settlement, conciliation agreement on any enforcement proceeding entering summary is allowed by court of law.

6. Cases on claims for release of property from arrest (exception of the inventory) are disputes over the requirements of property nature which are not subject to assessment and are considered by district court or Arbitration Court of the subject of the Russian Federation.

In case of presentation of the corresponding actions for declaration the state fee is paid in the amount of, provided by the subitem 3 of Item 1 of Article 333. 19, the subitem 4 of Item 1 of article 333.21 of the Tax Code of the Russian Federation (further - the Tax Code of the Russian Federation).

7. The questions carried to competence of the court which issued the executive document (for example, issue of the duplicate of writ of execution, explanation of the executive document, legal succession, etc.), are subject to permission the same court also in case of change further of its jurisdiction.

In other cases, including in case of separation of court jurisdiction, adopted the performed court resolution, between several courts cognizance by consideration of questions of enforcement proceeding is determined proceeding from cognizance of requirements according to which such court resolution was adopted and the writ of execution is issued.

Contest of resolutions, actions (failure to act) of judicial police officers-contractors

8. Resolutions, actions (failure to act) of the judicial police officer-contractor and other officials of FSSP of Russia can be disputed in court as the parties of enforcement proceeding (the claimant and the debtor), and other persons who consider that their rights and legitimate interests are violated create obstacles to implementation by them of the rights and legitimate interests or any obligation is illegally assigned to them (part of 1 Article 218, of article 360 KAS Russian Federation, part of 1 Article of 198 AIC of the Russian Federation, part 1 of article 121 of the Law on enforcement proceeding).

The contest right in court of resolutions, actions (failure to act) of the judicial police officer-contractor and other officials of FSSP of Russia belongs including to bodies and organizations, being administrators of the income of the relevant budget into whose accounts according to the executive document the money specified in it (Article 160.1 of the Budget code of the Russian Federation is subject to transfer (further - BQ of the Russian Federation).

The prosecutor has the right to dispute judicially the resolution, actions (failure to act) of the judicial police officer-contractor and other officials of FSSP of Russia in the cases provided by the law (part 1 of article 45 CCP of the Russian Federation, part 1 of article 39 KAS Russian Federation, part 1 of Article 52 and part 2 Articles of 198 AIC of the Russian Federation).

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