Suspension of enforcement proceedings may be initiated by a recoverer, a debtor, a bailiff, a court or other body that issued the enforcement document.
Instructions
Step 1
Enforcement proceedings are suspended either following the consideration of the application of the person concerned, or directly by the decision of the court that issued the enforcement document or the bailiff, when he has the authority to do so.
At the same time, there are circumstances in which the enforcement proceedings are necessarily suspended, and there are cases when the question of its suspension is left to the discretion of the court or the bailiff.
Step 2
So a court, arbitration or general jurisdiction, without fail suspends enforcement proceedings if a claim is filed for release from seizure of the property on which the claim is levied; if an application has been submitted to contest the results of the appraisal of the seized property; if the decision of the bailiff-executor on the collection of the performance fee is contested.
Enforcement proceedings may be suspended by the court if:
- a court order or a judicial act subject to execution is contested;
- the debtor is on a long business trip;
- applications for challenging the actions of the bailiff-executor were accepted for production;
- an application was submitted to clarify the provisions of the executive document, the method and procedure for its execution.
Step 3
Cases of mandatory suspension of enforcement proceedings by a bailiff-executor include:
- death of the debtor and the presence of his legal successors;
- loss of legal capacity by the debtor;
- participation of the debtor in hostilities, etc.;
- consideration by the court of the debtor's claim for a deferral, installment plan or exemption from the collection of the performance fee.
The cases when the enforcement process can be (but it is not necessary) suspended by the bailiff-executor, include:
- finding the debtor on treatment in an inpatient medical institution;
- search for a debtor-citizen;
- the presence of a request from a debtor who is undergoing military service by conscription.
Step 4
The content of the application for the suspension of the enforcement proceedings is not clearly established by the law, however, it is obvious that it must contain information about the applicant (debtor), the recoverer (in favor of whom proceedings were initiated under the executive document), the bailiff, in whose proceedings the executive document is.
The application should also indicate the details of the enforcement proceedings (number, date of initiation), the details of the executive document (for example, the name of the court, the date of the decision on which the writ of execution was issued), the grounds for the suspension of proceedings (for example, challenging the writ of execution), references to regulations governing issues of suspension of enforcement proceedings (for example, clause 1 of part 2 of article 39 of the Federal Law "On enforcement proceedings").
If the application is signed by a representative of the interested person, a corresponding power of attorney is attached to it.
Step 5
The application is submitted to the court that issued the writ of execution, or to the court at the location of the bailiff - the executor. The application is submitted to the bailiff, who is in charge of the enforcement document, if it is established by law that it is he who makes the decision to suspend it (see Article 40 of the Federal Law "On Enforcement Proceedings").
An application for the suspension of enforcement proceedings is considered within ten days. Based on the results of consideration of the application, the court issues a ruling, and the bailiff - a ruling.
Step 6
Enforcement proceedings shall be suspended for a period sufficient to eliminate the circumstances that served as the basis for its suspension.
Enforcement proceedings are resumed at the request of the claimant or the debtor and only after the elimination of the reasons or circumstances that served as the grounds for its suspension. An application for the resumption of proceedings is submitted to the court or to the bailiff who suspended the execution.
Step 7
The execution of the decision on the appointment of an administrative penalty can be suspended only if the prosecutor lodges a protest against a decision that has entered into legal force in a case of an administrative offense for the period - until the protest is considered. However, the execution of an administrative penalty in the form of arrest or suspension of activities cannot be suspended even if there is a protest from the prosecutor.
