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Hello, friends! I hope you enjoyed the previous articles. More precisely, it's not about sympathy. They will definitely come in handy if you are faced with enforcement proceedings. Despite the fact that they are quite boring, and sometimes incomprehensible, this information is very important and extremely useful. and I talked about the terms of enforcement proceedings, about their restoration, calculation, and so on. Feel free to read it if you haven't already.

Today we will begin a more interesting, from the point of view of practice, topic - the deadline for presenting executive documents for execution. In Russian, we are talking about the timing of the presentation of writ of execution, court orders and other executive documents to the bailiff service for enforcement.

Terms of presentation of executive documents

Let's start with the most common document - writ of execution. Such lists are issued by the courts, and only by the courts, on the basis of a decision that has entered into force. More specifically, writ of execution is issued by courts of general jurisdiction, magistrates, and arbitration courts. If you have heard of such an institution as the arbitration court, then I will mention it. The fact is that arbitration courts make a decision on the case, however, a writ of execution is already issued by a court of general jurisdiction or an arbitration court.

So, they can be brought for execution to the bailiff service within 3 (Three) years from the date of entry into force judicial act, that is, solutions.

By the way, there are several cases when the deadline for submitting a document for execution is shorter. We must also talk about them.

Case one. Writs of execution that contain demands for the return of illegally displaced children outside Russian Federation, may be brought for execution within 1 (One) year from the date of entry into force of the judicial act.

Case two. I hope you don't need it, but just in case, let it be. In the event that the arbitration court issues a writ of execution, according to which the arbitration court restored the missed deadline for determining this writ for execution, then such writ may be presented for execution within only 3 (Three) months from the date the court issued a ruling on the restoration of the missed term. I understand that it's complicated.

Let me rephrase it easier. You received a writ of execution in the arbitration court, and for some reason did not have time to present it for execution within 3 years. You can apply to the arbitration court, ask for the restoration of the term. And if the court meets you halfway, recognizes the reasons for missing the deadline as valid, it will issue a ruling and issue you a new writ of execution, the validity of which will not be 3 years, but only 3 months.

The next document is court orders. You may have faced a court order if you were collecting child support, or if banks were collecting loan debt from you in this way. A court order, as you probably know from my previous articles, is already an enforcement document in itself, and in addition to it, you do not need to receive a writ of execution. So, a court order can be presented for execution to the bailiff service also within 3 (Three) years from the date of issuance of this court order.

But there is a small exception here. Documents that contain requirements for the collection of periodic payments can be presented for execution during the entire period for which payments are awarded and, moreover, within 3 years after the end of this period.

I'll give you an example. It's a court order for alimony. Alimony is collected monthly, as you know, until the child in whose favor they are collected turns 18 years old. And here we are talking about periodic, monthly payments. In this case, the court order may be brought for execution at any time before the child reaches the age of 18 and within the next three years. But, in practice, it's better not to play like that. It is better to immediately present such documents to the bailiff service so that the bailiffs are directly involved in the execution. Otherwise, what is the point in obtaining a court order if it lies at home without execution?

Another type of executive document is certificate issued by the commission on labor disputes. To be honest, I have never come across such documents, but perhaps it will be useful to you. Such documents may be submitted for execution within 3 (Three) months from the date of their issue.

Further, as an executive document are given acts of bodies exercising control functions. These are acts on the recovery of funds with the attachment of documents containing marks of banks and so on. In general, you can find them in the original source, this is Part 6 of Article 21 of the Federal Law “On Enforcement Proceedings”. The main thing you need to know is that such documents are presented for execution within 6 (Six) months.

I personally have never worked with such documents, so I will not breed a theory.

The next type of document is judicial acts and acts of other bodies and officials in cases of administrative offenses. They are presented for execution within 2 years from the date of entry into force.

Also, Article 21, which I am talking about, provides that all other executive documents that are not described here are presented for execution within the time limits specified in these documents. So carefully read all the documents that come to you. It is generally interesting to read, especially when it comes to recovering money from you or in your favor.

Delay in the execution of a judgment

And one more important point. We are talking about the postponement or installment of the execution of a judicial act. In the event that the debtor is granted an installment plan or a deferment of the execution of a court decision, then when issuing a writ of execution to the recoverer, the writ of execution must necessarily indicate the presence of this installment plan, and indicate its period.

In this case, the period for presenting this writ of execution is extended by the period for which the deferral or installment plan is granted. Example. The creditor has collected the debt from the borrower in court. The debtor found good reasons not to pay right now, he went to court, received a ruling on the installment plan for the execution of the decision for a period of 6 months. In this case, the period for presenting a writ of execution, which the bank still has the right to receive, will be not three years, but three and a half years, that is, taking into account this six-month delay.

What is a break in the deadline for presenting a writ of execution

In principle, here the word itself already gives an answer to this question, but I will not rely on the fact that my readers know everything about everything. Otherwise, you wouldn't be reading my blog, right? You came here for information, and you will receive it. Again, if you already know everything and didn't find anything new here, you can always go back to your favorite tank game, or what else you can play now, I don't know. But I digress.

A break implies that the term for presenting a sheet for execution is interrupted or suspended. And here there are two options, and both options are provided for by Article 22 of the Federal Law, which I have been talking about for the second week.

First option. The deadline for presenting the executive document is interrupted when the executive document is presented for execution. Let me explain. The recoverer submitted a writ of execution to the bailiff service to initiate enforcement proceedings, for which the three-year period is suspended, that is, it is not calculated further.

Second option. The term is interrupted in case of partial execution by the debtor of the judicial act. Moreover, after the break, the period for presenting the document resumes, but does not start over. The time that has already passed from the moment of interruption of the term to the break in the new term is not counted.

However, there are exceptions, which are used by both banks and collectors. These are the cases when the writ of execution is returned to the recoverer due to the impossibility of its execution. This is the most popular reason for the return of writ of execution. In the event that the debtor does not have any real estate, there are no funds on accounts and deposits, there is no official source of income, the bailiff has no choice but to end the proceedings with the wording: due to the impossibility of execution.

In this case, the bank that received the enforcement document back from the bailiff will be able to submit it for execution again after 6 months, and, in this case, the period for presenting the sheet again will be 3 years and will be calculated from the date of its return by the bailiff.

Again, if we talk about installments or deferrals. It in itself suspends the action of the executive document. Here, the date of suspension of the period for the presentation of a writ of execution will be the date on which the determination of the installment plan or deferral comes into force, and the date of renewal of the period, respectively, the date of the end of the installment plan (deferment).

At the same time, if you plan to receive an installment plan, you should understand that if you violate the terms of the installment plan more than twice, your claimant will be able to submit a writ of execution for execution. Such a list will be accepted by the bailiff service, enforcement proceedings will be initiated, in which case your installment plan will be cancelled. Therefore, please, fulfill in full the payment schedule that you have set for yourself, otherwise, taking into account your violations, the court is unlikely to provide you with a new installment plan.

How can I recover the missed deadline for presenting a writ of execution for execution

And again we are talking about the restoration of the missed procedural term. As I have said repeatedly, the procedure is quite complicated, it requires very good justification and very good reasons. However, the validity of these reasons in each case is determined by the court. I cannot tell you in advance which reasons will be recognized as valid and which will not be recognized as valid. Here everything is decided in the moment, and a lot depends on the judge himself.

But, nevertheless, the recoverer, who missed the deadline for presenting the executive document for execution, has the right to apply to the court with an application for the restoration of the missed deadline. Necessarily in the court that issued the writ of execution, respectively, this is a court order or writ of execution.

Moreover, the restoration of missed deadlines is possible only for those executive documents that I spoke about in this article. I repeat, this is a writ of execution, a court order, a certificate of a labor dispute commission, acts of bodies exercising control functions (of which I have only theoretical knowledge), acts of bodies in cases of administrative offenses. All. With regard to all other executive documents, the restoration of missed deadlines is not provided.

Thank you for reading to the end! I am sure that in the event that enforcement proceedings are initiated against you, the information presented in my articles will be very useful to you. Although, of course, if you have not yet encountered such problems, reading these articles may be boring and uninteresting for you. I understand you, this is not entertainment literature, this is a purely practical law, the norms of which are needed only by those who are faced with such issues. Tomorrow you will find an article about notifications and calls in enforcement proceedings, and we will gradually move on to the issues of initiating enforcement proceedings. There is still a lot of interesting things ahead.

The provisions of the judicial act that has entered into force must be executed by the debtor. If the obligated person does not voluntarily do this, the subject in whose favor the decision was made may apply and receive performance list. Content, submission deadline such a document is regulated by Federal Law No. 229.

Key provisions

Enforcement proceedings act as an integral element of the mechanism for the protection of civil rights and the final stage of its implementation. It is carried out in the prescribed manner. If the debtor voluntarily fails to implement the provisions judgment, the enforcement mechanism is used. It involves the application of measures established by law.

What is the deadline for presenting a writ of execution for execution?

Federal Law No. 229 clearly regulates the periods during which an interested person has the right to file a claim for the enforcement of a court order. General- 3 years. In case of its violation, the IL can be returned to the recoverer or the authority that issued the document.

Nuances of legislation

It is regulated in ch. 3 of the Federal Law No. 229. The regulatory act specifically notes that the implementation of the provisions of the court decision can be carried out without the participation of bailiffs, if the victim can:

Claim payment by presenting an order to the bank servicing the debtor's accounts.
Agree with the obligated person on voluntary repayment.

The interested person can also send the IL to the FSSP after receiving part of the amount due to him. The basis for the commencement of compulsory recovery, therefore, is submission of a writ of execution for execution. The passage of time starts from the date of entry into force of the judgment.

Main periods

Limitation period for presenting a writ of execution for execution depend on the document type. Those or other periods for a particular IL are established by Article 21 of the Federal Law No. 229. The norm says:

Deadline for presenting a writ of execution issued on the basis of decisions, as well as judicial acts - 3 years. The calculation starts from the day the decision enters into force or the end of the period established in the case of granting an installment/deferred payment. This rule also applies to decisions of arbitration courts.
Acts of the bodies exercising control functions, drawn up in accordance with the established procedure, on the recovery of money with attachments of documents in which there are marks from banks or other credit institutions on partial / complete non-fulfillment, are presented within six months. The countdown starts from the date of their return to the law enforcement agency that issued them.
IL issued on the basis of arbitration decisions, for which the deadline was restored, are presented no later than three months from the date of adoption of the relevant act (determination).
Certificates issued by commissions for the settlement of labor disputes are sent no later than three months. The beginning of the period coincides with the date of issue of the document.
Acts of courts, other bodies and employees in administrative cases are presented within 1 year from the date of their entry into force.

Special rules

Deadline for presenting a writ of execution on the collection of periodic amounts (alimony, compensation for harm to health, etc.) coincides with the period for which the said payments were awarded and is valid for 3 years after its completion. The same rule applies to alimony agreements certified by a notary. The introduction of a special procedure into Federal Law No. 229 is determined by the continuing nature of such legal relations. Deadline for presenting a writ of execution for execution in the case of the recovery of periodic payments is also calculated in a peculiar way. The beginning of the period is set separately for each amount.

Calculation moment

Particular attention in practice is paid to the question of which date the deadlines for presenting a writ of execution for execution. GIC, in article 428, as well as the APC in art. 321 fix the following rules. The issuance of documents on the basis of all types of determinations, decisions, sentences issued by instances of general jurisdiction is carried out after the entry into force of the decision. An exception is acts subject to immediate implementation if ILs are drawn up immediately after their adoption. If a person applied for an installment / deferment or took place, the calculation starts from the date of approval of the relevant determination.

Acts subject to immediate implementation

Their list fixes 211 Article of the Code of Civil Procedure. Decrees subject to immediate implementation include decisions on:

Recovery of alimony.
Inclusion of a Russian citizen in the list of referendum participants, the list of voters.
Paying an employee a salary for 3 months.

Decisions on the reinstatement of an employee in the state of the enterprise are also immediately executed. In accordance with Art. 212 of the Code, the court has the right, at the request of the plaintiff, to issue a ruling on the immediate implementation of the decision, if the delay may cause significant damage or the debt cannot be repaid in the future. A similar rule is provided for in Article 182 of the APC. Arbitration rulings in cases on appealing against non-normative acts, inactions/actions of state structures, territorial self-government bodies, and other authorized institutions are also subject to immediate implementation.

Additionally

Execution of court orders is carried out within 10 days. from the date of issue. The corresponding rule fixes the Civil Procedure Code in Article 130. Acts adopted by courts, other bodies and employees in administrative cases are implemented from the moment they enter into force. In accordance with Art. 31.1 of the Code of Administrative Offenses, the decision becomes effective after:

The expiration of the time limit provided for the appeal, if it has not been carried out.
Issuance of a decision not subject to challenge. Its implementation is carried out immediately. An exception is the case when a decision is made that cancels a previously issued act.
The end of the period for challenging the decision on the protest/complaint, if it has not been appealed. The exception is cases where a new decision cancels an earlier one.

For other executive documents, the terms for presentation are calculated from the day following the date of issue, unless otherwise provided by federal law.

Special cases

What to do, if ? First of all, it is worth recalling that a sufficiently large time period is allocated for the direction of the IL. Accordingly, non-compliance with the established period must be due to valid reasons. Legislation allows restoration of the deadline for presenting a writ of execution for execution if the court considers the circumstances significant. Federal Law No. 229 does not clearly define the list of valid reasons, pointing out only some of them. Significant circumstances can be considered a long-term serious illness, a business trip, etc. If the deadline for presenting a writ of execution for execution has expired, the interested subject may file an application with the court with a request to give him the opportunity to exercise his right.

Explanations

The term for presenting a writ of execution for execution is interrupted at the time of its submission to the FSSP. If, for one reason or another, the bailiff returns the IL, it will start anew. This may, for example, occur due to the impossibility of recovering from the debtor. Deadline for submission for execution of a duplicate of the writ of execution coincides with the period established for the originally issued IL. It should be noted that the loss of a document is not regarded by the court as a valid reason. Accordingly, if the interested person discovered the loss of IL, but did not have time to send the document issued to replace the lost one, the right to recover the awarded amounts will not be exercised.

Important point

Federal Law No. 229 contains article 46, in part 5 of which is defined. In case of return of IL in accordance with paragraph 4 of part 1 of Art. 46, the recoverer can once again send him to the FSSP no earlier than 6 months. from the date of adoption of the resolution on the termination of proceedings. This rule applies to the writ of execution specified in parts 11, 3, 4, 7 21 of the article of the Federal Law No. 229.

Features of drawing up an application

The request for renewal must be made in writing. The application is sent to the authority that considered the case on the merits and issued the IL. The request may also be submitted to the court at the address of the execution of the decision. The text of the application should indicate:

Information on the entry into force of the court decision, receipt of IL.
Circumstances on the basis of which the document was not sent to the FSSP on time.
Actually, a request for the restoration of the deadline.

If the application is submitted to the authority at the location of the FSSP, a copy of the decision is attached to it. It must be properly certified (notarized). When submitting an application, the state fee is not paid. Consideration of the request is carried out within the framework of the court session. The applicant shall be informed in writing of the time and date of the proceedings. In addition, notifications are sent to other participants in the case. If the parties are duly notified, their failure to appear shall not be an obstacle to the conduct of the proceedings. A ruling shall be issued on the restoration of the term or on the refusal to satisfy the application. A private complaint may be filed against him.

Gaps in legislation

As the analysis of the provisions of Federal Law No. 229 shows, some of its articles contradict other regulations and create difficulties in application. As a result, various violations occur in practice. For example, the provision of paragraph one of Article 36 of the Law establishes that the requirements present in the IL must be implemented by the bailiff within two months from the date of initiation of proceedings. In practice, it is not always possible to fulfill this requirement. This is due to the large flow of executive documents received by the FSSP. According to paragraph 12 of Article 30 of the Law, the bailiff sets a certain period for the voluntary implementation of the court orders contained in the decision. It cannot be more than 5 days from the moment the obligated person receives the decision to initiate proceedings against him. Article 69 (clause 10) of the regulatory act states that tax authorities, structures that carry out state registration of property rights, banking and other credit organizations must send a response to the FSSP request no later than 7 days from the date of its acceptance. Seizure of the debtor's material assets may also be imposed within the period established for the voluntary execution of a court order, in accordance with paragraph one of Article 80. However, the sale of such property significantly delays the process. It can be carried out within a month from the date of seizure. In this case, auctions must be held no later than 2 months. from the date of receipt by the organizer of the relevant property. With a simple addition of all the terms, it becomes clear that the requirements of Article 36, enshrined in paragraph one, cannot be fulfilled. Another problem concerns the lack of funds received from the sale of property for the full repayment of obligations under the IL. As part of the proceedings, the bailiff is forced to seize material assets in stages and take measures to sell them within a month.

Opportunities for appeal

The earlier version of the Law "On Enforcement Proceedings" did not provide for a mechanism for extrajudicial cancellation of bailiffs' decisions. Appeal was allowed only in court. This circumstance not only significantly increased the duration of the execution of decisions, but also increased the burden on the authorized authorities. Ultimately, this led to a huge number of complaints about the actions of the FSSP employees. AT the current edition The normative act provides for the appeal of decisions in the order of subordination. It is enshrined in Article 123 of the Federal Law.

Lawyers' proposals

In practice, quite often there is a situation when the debtor, who appeared on the call of the bailiff, is ready to fulfill the requirement immediately. This usually happens when a minor fine is imposed on him. Debtors often refuse to transfer small amounts to a deposit account, citing the absence of banks nearby or lack of time. In such cases, according to some lawyers, it would be advisable to introduce the possibility of accepting cash by the bailiff and then transferring it to the appropriate account. However, this proposal also has certain disadvantages. In particular, the bailiff must transfer the funds received to the banking organization no later than next day after receiving. For this, the FSSP employee must allocate a certain amount of time. It should be noted that in the previous Instruction, approved by the Order of the Ministry of Justice of the USSR of 1985? such order was provided. Today, in any case, the bailiff obliges the debtor to carry out the transfer on his own and present a document confirming the operation. Failure to comply with the requirement entails the imposition of a fine under Art. 17.14 of the Code of Administrative Offenses.

Collection

AT recent times the issue of filling the federal budget became topical. An essential role in its solution belongs to the FSSP. In accordance with Art. 112 of the Federal Law No. 229, the performance fee is deducted specifically to the federal budget. It is collected from the debtor in case of his evasion from repayment of obligations within the specified period. Assume a situation where the subject does not comply with a court decision without a good reason. Of the property identified by the bailiff, the debtor has only an immovable object. According to the requirements of the law, the FSSP officer makes a decision to collect the fee. After that, in accordance with the established procedure, an arrest is made on the object, which is subsequently transferred specialized organization for sale at auction. After evaluation, it turns out that the value of the property is not enough to pay off the debt and pay the fee. If the auction is declared invalid, the bailiff must offer the recoverer to leave the property of the obligated person. Upon receipt of consent, the documents for the object are re-issued accordingly. In this case, the legislation does not provide for a mechanism for paying the fee. Accordingly, the decision of the bailiff on his recovery as an executive document remains unrealized.

1. Writs of execution issued on the basis of judicial acts, with the exception of the writ of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date of entry into force of the judicial act or the expiration of the period established by granting a deferral or installment plan for its execution. Writs of execution containing demands for return on the basis of international treaty of the Russian Federation of a child illegally transferred to the Russian Federation or held in the Russian Federation, are presented for execution within one year from the date of entry into force of the judicial act.

(as amended by Federal Law No. 126-FZ of May 5, 2014)

2. Writs of execution issued on the basis of judicial acts of arbitration courts, according to which the missed period for presenting a writ of execution for execution has been restored by the arbitration court, may be presented for execution within three months from the date of the court's ruling on the restoration of the missed period.

3. Court orders may be presented for execution within three years from the date of their issuance.

4. Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which the payments were awarded, as well as within three years after the end of this period.

5. Certificates issued by labor dispute commissions may be presented for execution within three months from the date of their issue.

6. Acts of the bodies exercising control functions, drawn up in accordance with the established procedure, on the recovery of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, on full or partial non-fulfillment of the requirements of these bodies due to the lack of on the accounts of the debtor, funds sufficient to satisfy these claims may be presented for execution within six months from the date of their return by the bank or other credit organization.

6.1. Acts of the bodies exercising control functions on the collection of funds without attachment of the documents specified in Part 6 of this Article, drawn up in accordance with the established procedure, may be presented for execution within six months from the date of their issuance.

(Part 6.1 was introduced by Federal Law No. 358-FZ of December 21, 2013)

7. Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within two years from the date of their entry into force.

(as amended by Federal Law No. 71-FZ of April 21, 2011)

8. The terms for presenting for execution enforcement documents not specified in this article are established in accordance with federal laws.

About enforcement proceedings
- Chapter 3. Deadlines in enforcement proceedings
  - Article 21

1. Writs of execution issued on the basis of judicial acts, with the exception of the writ of execution specified in parts 2 and of this article, may be presented for execution within three years from the date of entry into force of the judicial act. Writs of execution containing demands for the return, on the basis of an international treaty of the Russian Federation, of a child illegally transferred to the Russian Federation or held in the Russian Federation, shall be presented for execution within one year from the date of entry into force of the judicial act.

By virtue of paragraph 1 of part 1 and part 3 of article 321 of the APC of the Russian Federation, as well as part 1 of article 21 and part 1 of article 22 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings", a writ of execution may be presented for execution in within three years from the date of entry into force of the judicial act; the term for presenting a writ of execution for execution is interrupted by its presentation for execution, if federal law not established otherwise, partial execution of a judicial act.

Executive documents can be presented for execution in the following terms:

Writs of execution issued on the basis of judicial acts of courts of general jurisdiction, and court orders - within three years from the date of entry into force of the judicial act

or the expiration of the period established when granting a deferral or installment plan for their execution,

Writs of execution issued on the basis of judicial acts of arbitration courts - within three years from the date of entry into force of the judicial act.

Writs of execution issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored the missed period for presenting the writ of execution for execution - within three months from the date of the court's ruling on the restoration of the missed period;

Claims of the bodies exercising control functions for the recovery of funds with a note from the bank or other credit organization on complete or partial non-execution of the recovery, drawn up in accordance with the established procedure - within six months from the date of their return by the bank or other credit institution;

Certificates of the commission on labor disputes - within three months from the date of their issue;

Judicial acts, acts of other bodies and officials in cases of administrative offenses - within one year from the date of their entry into force.

Executive documents containing requirements for the collection of periodic payments - during the entire period for which the payments were awarded, as well as within three years after the end of this period.

Executive documents on the recovery of periodic payments (collection of alimony, compensation for harm caused to health, etc.) remain valid for the entire time for which the payments are awarded. The same procedure applies to notarized agreements on the payment of alimony.

In accordance with paragraph 1 of Art. 22 of the Federal Law “On Enforcement Proceedings”, the deadline for presenting a writ of execution for execution is interrupted:

1) presenting a writ of execution for execution;

2) partial execution of the executive document by the debtor.

The interrupted period always resumes, but the elapsed time is not included in the new period. Thus, the law reliably guarantees the protection of the rights of the recoverer in enforcement proceedings.

Executive documents must be presented for execution within the time limits established by law. Violation of these terms entails the return of the executive document without execution to the recoverer with the decision of the bailiff-executor to refuse to initiate enforcement proceedings.

Restoration of the missed deadline for the presentation of a writ of execution for execution

Executive documents for which the deadline for presenting them for execution has expired are not accepted by the bailiff for production.

The law allows for the restoration of the terms for presenting enforcement documents for execution only in relation to writ of execution and court orders. For other executive documents, missed deadlines are not subject to restoration.

The missed deadline for the presentation of a writ of execution for execution can be restored only by the court that adopted the relevant act. The right to apply to the court with an application for the restoration of this period is granted only to the recoverer and only to present a writ of execution and a court order, i.e. executive documents issued on the basis of judicial acts. The procedure for considering petitions for the restoration of a missed deadline on writ of execution and court orders is determined respectively in the Code of Civil Procedure of the Russian Federation and the APC.

Restoration of missed deadlines is possible if they were missed for good reasons, which the applicant must indicate in the application addressed to the court and provide evidence confirming the validity of these reasons. The application is considered by the court in a court session, the recoverer and the debtor are notified of the place and time of the trial. Their failure to appear is not an obstacle to the consideration of the issue put before the court. Based on the results of consideration of the application, the court will issue a ruling. An appeal may be filed against a court ruling to refuse to restore the missed period.

General provisions on deadlines in enforcement proceedings

Timely fulfillment of the requirements contained in executive documents is one of the tasks of enforcement proceedings. In this regard, it is necessary for the subjects of enforcement proceedings to comply with the established procedural deadlines.

Procedural term - a period or moment of time during which certain procedural actions are possible or must be performed, procedural decisions are made, or during which other legal consequences are possible. Procedural terms are interconnected with the corresponding procedural authority or procedural duty. Procedural terms are established by federal law. If the deadlines are not established by federal law, then they are appointed by the court or bailiff.

The following types of procedural terms are distinguished:

The terms established by law (the terms for the commission of procedural actions and the adoption of procedural decisions by the court, bailiff, persons participating in enforcement proceedings);

The terms appointed by the court or the bailiff-executor (terms for the commission of procedural actions and the fulfillment of the requirements of the bailiff-executor by the persons participating in the enforcement proceedings).