Return of application security under Federal Law 44. How to return the bid security

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An ordinary citizen must understand the operating principle of the relevant structures, since in one way or another they affect his rights and interests.

In particular, the study of enforcement proceedings is relevant - in this case, this topic will be most significant for persons who have some problems with the law.

To understand what Art. 46 part 1 clause 4 on enforcement proceedings, it is necessary to study the regulations relevant in 2019 while simultaneously considering situations from real practice.

Review of the text of the law

Federal Law No. 229-FZ “On Enforcement Proceedings” reflects the regulations for enforcement agencies and the Federal Bailiff Service, in particular.

Art. deserves special attention. 46, since it reflects the most significant points concerning the situation with the completion of enforcement proceedings based on a court decision.

Many people simply do not understand the specifics of this process, so some subtleties should be clarified in order to maintain legal awareness of the population.

Central content of the article

This legal act provides for the reflection of the regulations on the powers of the bailiff service. Persons with this status provide control over the implementation of court decisions, collect information on complex claims and collect debts.

In particular, the bailiff can:

• receive complete information about the citizen who is the main defendant in the case, including bank account details;
• seize the debtor's property and bank cards;
• carry out measures to implement the provisions of the writ of execution;
• put the debtor on the wanted list;
• enter the premises owned by the debtor without any obstacles.

A person interested in the case cannot act as a bailiff. In other words, he should not be familiar with the persons involved in the case, and should not have family relations with them.

Otherwise, he must recuse himself, because justice is administered impartially.

Application in practice

Main importance for the debtor

So, every person should reason sensibly that if he violated the requirements established by the legislation of the Russian Federation, then he will be held accountable for his actions according to the law.

In particular, considering this point in accordance with Art. 46 enforcement proceedings, the debtor must highlight the main provisions for himself, for example, what to expect from bailiffs.

As noted earlier, they are capable of much. At the same time, the culprit himself cannot oppose anything to them. As a result, he may lose both his income and his property.

It is worth understanding that concealing property from bailiffs is very problematic - if necessary, they use all possible mechanisms to obtain up-to-date information on a citizen’s movable or immovable property.

The maximum that a debtor can count on when appealing is to refer to the bias of the executor. However, in this case, a lot of evidence of this fact will be needed, since simple words will not be enough.

In addition, it is worth clarifying that in order to satisfy the court’s decision, bailiffs can exercise the right to restrict the freedom of movement of the defaulter.

Therefore, in any case, you cannot run far from justice. Thus, the debtor is obliged to realize the futility of attempts to evade payment of the debt and fulfill the approved requirements.

Otherwise, the case may take a sharper turn when the culprit is subject to punishment in the form of imprisonment.

Features of judicial records management

How is the trial carried out? In fact, the general stages do not differ in any difficulties. First of all, there is a preparatory part, when the plaintiff collects all the necessary documents and submits them to the appropriate structure.

The judge reviews the information provided and instructs the bailiffs to find additional information.

After acquiring the most complete data on the information under consideration, the participants in the case are notified of a hearing, indicating the date and time of the meeting.

During the trial the following happens:

1. The opinions of the main participants regarding the case materials are heard.
2. If there is evidence, it is also recorded and taken into account when determining the result.
3. After a short meeting, the judge makes a decision to grant the claim or reject it.

If any party does not agree with the results, then it has the right to file an appeal within 30 days from the date of registration.

After this period, the decision is sent to the accounting department at the place of work and to the passport office at the place of registration of the debtor.

It is worth noting that a situation may arise where a document may be lost during postal shipments, and the bailiff does not consider it necessary to check whether the circumstances of the case were accepted by officials.

Therefore, if the plaintiff notices the lack of implementation of justice, he should seek information on this matter from the bailiff. This can be done during a personal visit to the service, via a telephone call or via registered mail to the bailiff’s address.

If even after this the matter has not moved forward, then it is necessary to send the request directly to the contractor’s superiors.

Action example

To consider in more detail the effect of Art. 46 part 1 point 4, this should be done using specific examples. In particular, it is worth determining what this provision means for the loan debtor.

People who have previously encountered the activities of the Federal Bailiff Service have a clear idea of ​​the peculiarities of the activities of this structure. Therefore, many “chronic” debtors independently get rid of their property as quickly as possible.

Thus, it is not possible to obtain what is due from the culprit. This is especially true in the case of lack of a workplace.

In such situations, the bailiffs record the circumstances of the situation and draw up a document on the termination of enforcement proceedings.

Another situation involves the FSSP employee himself, when an employee of the executive body simply does not want to adequately perform his assigned duties. In this scenario, the inspector does not seek to identify the real state of affairs, and therefore limits himself to “unsubscribes” to the claimant.

After the termination of the proceedings, the defendant simply gets rid of the obligation to pay the debt. However, in such cases it is quite possible to initiate a procedure.

So, if the debtor was declared bankrupt, then this status somewhat limits his civil rights. Moreover, credit institutions do not stop at one claim if, based on the first application, a decision was made to close enforcement proceedings.

Therefore, after several months, we should expect additional “invitations” to court.

What to do next

So, what should the debtor do after the termination of enforcement proceedings? It's very simple - he doesn't need to do anything. Moreover, to acquire any property, open bank accounts or receive white wages.

For the rest, wait until 3 years have passed since production ceased. In accordance with Art. 196 of the Civil Code of the Russian Federation, this period is the statute of limitations, after which the victim no longer has the right to bring the perpetrator to justice.

That is, after 3 years, the debtor is completely exempt from paying debts to banks or alimony in relation to the ex-wife. It is worth noting that while certain cases of restoration of deadlines are provided for individuals, this point is not relevant for legal entities.

As for the actions of the claimant, he should write a repeated application to the FSSP to initiate enforcement proceedings.

It is also recommended to file a complaint either with your superiors or directly with the prosecutor’s office. In some situations, it is useful to independently identify the debtor’s property - this information must then be sent to the bailiffs.

Notes and hidden nuances

In fact, the closure of a case under the article in question is positive news for a person. Thus, the debtor not only gets rid of the previously imposed financial claims, but all restrictions previously imposed are also removed from him.

Article 46. Return of the writ of execution to the claimant after the initiation of enforcement proceedings

1. The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1) at the request of the claimant;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or storage in banks or other credit organizations, except for cases when this Federal Law provides for a search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

(as amended by Federal Law dated March 12, 2014 N 34-FZ)

6) if the claimant, by his actions, interferes with the execution of the writ of execution.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

(Clause 7 introduced by Federal Law dated December 28, 2013 N 383-FZ)

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The act of the bailiff is approved by the senior bailiff or his deputy.

(as amended by Federal Laws dated July 18, 2011 N 225-FZ, dated December 28, 2013 N 383-FZ)

(see text in the previous edition)

3. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer.

ConsultantPlus: note.

Part 4 of Article 46 was recognized as partially inconsistent with the Constitution of the Russian Federation by Resolution of the Constitutional Court of the Russian Federation dated March 10, 2016 N 7-P.

In accordance with Part 3 of Article 79 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ, acts or their individual provisions recognized as unconstitutional lose force.

4. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of this Federal Law.

5. If the executive document is returned to the claimant in accordance with paragraph 4 of part 1 of this article, the claimant has the right to re-submit for execution the enforcement documents specified in parts 1, 3, 4 and 7 of Article 21 of this Federal Law, no earlier than six months from the date of the decision on the completion of enforcement proceedings and on the return of the writ of execution to the claimant, and other writ of execution no earlier than two months or before the expiration of the specified period if the claimant provides information about a change in the property status of the debtor.

1. The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1) at the request of the claimant;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or storage in banks or other credit organizations, except for cases when this Federal Law provides for a search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

6) if the claimant, by his actions, interferes with the execution of the writ of execution.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The act of the bailiff is approved by the senior bailiff or his deputy.

3. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer.

4. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of this Federal Law.

5. If the executive document is returned to the claimant in accordance with paragraph 4 of part 1 of this article, the claimant has the right to re-submit for execution the enforcement documents specified in parts 1, 3, 4 and 7 of Article 21 of this Federal Law, no earlier than six months from the date of the decision on the completion of enforcement proceedings and on the return of the writ of execution to the claimant, and other writ of execution no earlier than two months or before the expiration of the specified period if the claimant provides information about a change in the property status of the debtor.

1. The writ of execution, according to which the recovery was not carried out or was made partially, is returned to the claimant:

1) at the request of the claimant;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him in accounts, deposits or storage in banks or other credit organizations, except for cases when this Federal Law provides for a search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

6) if the claimant, by his actions, interferes with the execution of the writ of execution.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The act of the bailiff is approved by the senior bailiff or his deputy.

3. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer.

4. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by this Federal Law.

5. If the executive document is returned to the claimant in accordance with paragraph 4 of part 1 of this article, the claimant has the right to re-submit for execution the enforcement documents specified in parts 1, 3, 4 and 7 of this Federal Law, no earlier than six months from the date of the decision to terminate enforcement proceedings and the return of the writ of execution to the claimant, and other writs of execution no earlier than two months or before the expiration of the specified period in the event that the claimant provides information about a change in the debtor’s property status.

The provisions of Article 46 of Law No. 229-FZ are used in the following articles:

• Data bank in enforcement proceedings

  9) information about the return of the enforcement document to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the completion of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law.