The Law on Enforcement Proceedings formulates the conditions and procedure for performing actions aimed at enforcing court decisions. Like most other laws, it is retroactive only in some cases.
Is the law on enforcement proceedings retroactive
The Federal Law on Enforcement Proceedings ensures the execution of court decisions. This regulatory document is the main one for the FSSP employees. It is based on a number of principles, the key ones of which are:
- legality;
- timeliness of the established measures of influence;
- inviolability of a minimum of property;
- the correlation of the scope of claims and measures applied to debtors.
The law on enforcement proceedings is not retroactive, in accordance with the definition adopted in modern legislation. The retroactive force of the law is its extension to those cases that preceded the moment of its entry into force. Enforcement proceedings come into force from the moment of their acceptance and registration.
But there is also an exception to the rule. In legal practice, the law receives retroactive effect if it is directed towards the elimination or mitigation of punishment. For example, if, by a court decision, a number of measures were indicated against the violator of the law, but later the decriminalization of the main law was announced, the enforcement proceedings should be terminated. The retroactive clause applies to those who are already being punished.
When enforcement proceedings can be terminated or canceled
The concept of "retroactive force" sometimes means the possibility of termination, cancellation of the initiated enforcement proceedings. Modern legislation does not exclude this. The Federal Law "On Enforcement Proceedings" states that all measures against the debtor can be terminated due to:
- a peace agreement between the parties;
- the recoverer's refusal to receive the thing seized from the debtor;
- cancellation, termination of the judicial act on the basis of which the case was initiated.
In all these cases, it is possible not only to terminate the prosecution of the debtor, but also to return him money or other material values that were received under the writ of execution. In the event of any disputes regarding the return of what was received from the debtor, it is necessary to resolve the issue in court.
