Entry into force of the court order. Judgment as a writ of execution

Sometimes ordinary citizens receive from bailiffs or a notification of the results of a court held on their debts. And many are perplexed, how could the hearing take place without the presence of both parties at the meeting? And is it possible to refute the decision of the court in the absence of debt or an unfounded accusation?

Most often, legal proceedings are opened in the presence of any debt (loan, transactions, delays in legal payments by the employer). In these cases, the collection of debts, as well as the consideration of the case itself, can take place without the active involvement of citizens. But the timely refutation of a court decision that has just been put forward or has already entered into force is not excluded with a competent approach to the case.

The judiciary is not only involved in the proceedings of various cases, but also issues special orders regarding the repayment of debts on credit loans, alimony, various payments and debt obligations. The responsibility for making a decision is assigned by law to the judge. In this case, the defendants are not summoned to court.

court order issued within five days after the receipt of the application to the judge. After resolving the issue, the court sends a copy of its order to the parties to the case - to the person in respect of whom the case was considered, and to the citizen who filed the claim.

Writ proceedings are a special form of justice for which it is permissible to consider a case without trial and the presence of both parties. The judge may make his decision without carefully examining the circumstances of the case and the evidence. But the scope of legal proceedings is limited by very strict limits.

The main law, which is the basis for the issuance of a court decision, is Article 122 of the GP Code.

Litigation may be initiated under the following circumstances:

• Collection of alimony for children under the age of majority. In this case, the fact of paternity must be undeniable. In the event of a controversial issue, the work of a judge may be suspended until paternity is confirmed.
• Alimony for elderly parents from adult children.
• for transactions that have been certified by a notary.
• The presence of debt under loan agreements and other transactions, the terms of which were formalized in writing.
• Repayment of debt on payments made in accordance with the Labor Code - wages vacation, maternity allowance, etc.

Deadline for filing an objection

After receiving the court opinion, the defendant, in respect of whom the order was issued, has ten days to appeal against it. To do this, you need to draw up an objection in writing and deliver it to the judge.

Discussion: 6 comments

Filed for ex-husband in court for alimony, received an order. She took it to the bailiffs not immediately, but after 5 months, they calculated the debt. And then comes a paper that the order was canceled. And this is six months later! And I have to go to court again! Some kind of absurdity!

Answer

You had to not delay, but immediately act. This is the procedure for order production. IN this moment You should apply to the court with a statement of claim, and for claims for the recovery of alimony, payment of state duty is not provided.

Answer

Learned about the court order and enforcement proceedings by e-mail from the website of the state service. I don’t know what it’s about, I don’t live by registration in a different region. I wrote to email of that court district and the number of the court order with a request to clarify the situation - what and for what. It took 2 days until silence. How should I be?
cons. a loan of 50 thousand in 2012, but paid off everything, there was nothing else. Here the amount is 40 tons with a penny, I don’t even know what to think. Help me with advice.

Answer

A writ is given by the court. Look up the name of the court and go there. Write a statement of claim asking you to cancel the court order because you were not properly notified.
That is, you did not know about the court hearings. The court is required to set aside the order.

Answer

I recently found out that ex-wife filed for alimony, a work order was sent. Here's what I don't understand. Do I need to ask the court to extend the deadline for filing a complaint, or not? Or just limit yourself to the demand for cancellation?

Answer

MS section number: 276
Case number: 02-0737/276/2019
Case registration date: 17-09-2019
Subject of dispute: Claims for the recovery of amounts under a loan agreement, loan agreement
Plaintiff: OOO National Collection Service
Respondent:
Referee: Shilobodina I.E.
Current Status: Effective
Document: Court order dated 17.09.2019
Status history:
Base document State Date
Registered on 09/17/2019
Court order dated 17.09.2019 Completed 17.09.2019
Court order dated 17.09.2019 Entered into force 15.10.2019
Case hearing:
Other members:
UID: 77MS0276-01-2019-001910-54
Issued performance list:
Date Series Number
The text of the judgment
Good afternoon I took a loan from BTB 24 in 2007 I paid it but didn’t close it ... I was told that computers weren’t working in the Lefortovo branch of the Aviamotornaya metro station that day ... After which I was assured that there would be no claims against me .. When the bank closed after 5 years, they started calling me collectors from National Collection Service LLC threatened to come and made a telephone attack (there are witnesses) I had to block calls. Now they are suing. I didn’t receive any notices in my hands and didn’t know .... As I understand it, the court ruled in favor of the Plaintiff ... Please tell me what should I do?

Answer

What you need to file an objection To cancel a court order, it is important to write two statements (if the order has not been delivered): Request for cancellation

• request for annulment
• a statement that the order was not received on time, with a request to restore the timing of payment of debts

After receiving these documents, the judge suspends the collection of the debt for a certain time and notifies the bailiffs of his decision. The duration of the cancellation of the court order depends on the speed of the final decision. This is done after receiving specific data that will become the basis for reopening the case. When drawing up an application for the annulment of a decision, it is necessary to have weighty arguments that must be indicated.

Article 209 of the Code of Civil Procedure of the Russian Federation. entry into force of court decisions

Missing the deadline What should the debtor do if he was unable to timely write an objection to the court against the order? A citizen can apply and restore the missed deadline. But the document must indicate the reasons (for example, illness or a long business trip).

If the judicial authority recognizes such circumstances as valid, then it will provide the debtor with the opportunity to write objections to the order. Although in practice this is quite difficult to do. After all, this order of the judge is issued by him without the presence of the parties, after which a copy of the document is sent to the debtor by mail for review and submission of objections.
The claimant receives an order in court. Accordingly, if the debtor does not write objections to the order in fixed time, the document will enter into force. How to be a claimant As Art.

Entry into force of a court order

Important

A court order as an executive document Among executive documents, a court order stands apart, as an executive document, it may have a number of significant drawbacks. In the previous article, “How good is it to be a debtor?!” It has already been noted that court writ proceedings are a very dubious norm of modern procedural law in Russia.

Info

I will only repeat that it uses absolutely incorrect (in relation to the defendants) procedural technology, introduced in 2002 with the adoption of a new edition of the Civil Procedure Code of Russia, in order to understand this, it is enough to compare the norms of the old and new editions of the Code of Civil Procedure of the Russian Federation. Initially, the system of judicial writ proceedings was introduced in 1995.

With the adoption of Federal Law No. 49 of November 30, 1995, at that time a number of provisions were provided to protect the rights of the defendant. 1.

Cancellation of a court order that has entered into force: rules

For execution, it can be accepted only after it enters into force, which should be noted in the order and subject to all the mandatory requirements for enforcement documents, in accordance with Article 8 of the Federal Law "On Enforcement Proceedings". It should also be borne in mind that a court order can be presented for execution only within a certain period, which is specified in Article 14 of the Federal Law “On Enforcement Proceedings”.
If you are a claimant, check again if your court order complies with all the requirements of the law. Any error in the documents can be used to your advantage by the debtor.
If you are a debtor and enforcement proceedings are being conducted against you, also check whether the court order on the basis of which this proceedings was initiated meets all the requirements of the law.

Art. 129 GPC RF. annulment of a court order

Attention

In this connection, the court order must be served in writing, the notice of its delivery to the debtor must be returned to the court. It must indicate the date of delivery of the court order to the debtor.

From this date, the period for appealing the court order begins its course. The expiration of the period for appeal from the moment of delivery of this notice means the entry into force of the court order, after which it can be implemented in the order of enforcement proceedings.
The absence of written evidence of the delivery of the court order to the debtor allows him to apply to the court for the restoration of the deadline for filing an application for the cancellation of the court order by calculating it from the date that indisputably indicates that the debtor received the court order. The presence of the debtor's statement of non-execution of the court order is sufficient grounds for its cancellation.

Article 209. Entry into legal force of court decisions

If, after the entry into force of the court decision, on the basis of which periodical payments are collected from the defendant, the circumstances affecting the determination of the amount of payments or their duration change, each party, by filing a new claim, has the right to demand a change in the amount and terms of payments. 1. From the moment the court decision enters into legal force, it is endowed with certain properties (qualities) by the procedural law.

The moment the court decision enters into legal force depends on the use or non-use by the persons participating in the case of their right to appeal against the court decisions taken in the case. By general rule The court decision enters into legal force after the expiration of the 10-day period for its appeal, which begins to run from the moment the court decision is made in its final form.

Upon receipt of a written application, the judge must issue an appropriate decree annulling the judgment, which is sent to the claimant. In the same document, if the defendant does not agree with the court decision, the applicant is invited to file a claim with the court for the resumption of court proceedings.
The legislation stipulates that an objection to a court order can be examined before it is issued by a judge. The situation may become more complicated if a citizen learns about the decision from other services (for example, a bailiff) ten days after its announcement.

Writ proceedings are a special form of justice for which it is permissible to consider a case without trial and the presence of both parties. The judge may make his decision without carefully examining the circumstances of the case and the evidence.

But the scope of legal proceedings is limited by very strict limits. The main law, which is the basis for the issuance of a court decision, is Article 122 of the GP Code. Litigation may be initiated under the following circumstances:

• Collection of alimony for children under the age of majority. In this case, the fact of paternity must be undeniable.

When the court order enters into force under the Code of Civil Procedure of the Russian Federation

Since there is a ten-day period for filing objections, the date of adoption of the court order cannot be the date of its entry into force. According to the legislator, the ten-day period should compensate the defendant for his right to appeal, after which the court order can be brought for execution, i.e.

comes into force. Since the current version of the Code of Civil Procedure of the Russian Federation, unlike the previous one, does not contain a rule on the procedure for the entry into force of a court order, and it is often simply impossible for the court to obtain confirmation of the proper notification of the defendant, the majority of judges simply do not indicate the date of entry into the court order it into force. It is the establishment of the date of entry into force of the court order that is its main, significant drawback, both as a judicial act and as an executive document.
The entry into force of the decision entails certain legal consequences, which lie in the fact that the decision acquires a number of new properties, such as obligation, irrefutability, exclusivity, prejudice, enforceability. Obligation can be recognized as the main property of the legal force of a court decision (see commentary to Article 13). The obligation has three addressees, i.e. the decision becomes binding: firstly, for the persons participating in the case, secondly, for the persons not participating in the case within the framework of the disputed legal relationship, thirdly, for the court itself that made the decision (the court itself can no longer change the decision). Irrefutability as a property of a court decision that has entered into legal force means the impossibility of appealing the decision on appeal.

A court order as an executive document An executive document is a special document issued by a court, another body on the basis of a court decision that has entered into legal force, a decision of another body, to initiate enforcement proceedings, in order to enforce this decision. Enforcement proceedings are the final stage of the judicial process.

The need for this stage arises only when the debtor voluntarily fails to comply with a court decision, a decision of another body. In this case, the recoverer has the right to obtain a writ of execution and present it to the Bailiff Service, which is entrusted with the obligation to enforce court decisions with the application of special coercive measures to the debtor.
Code of Civil Procedure of the Russian Federation, in the decision to annul the order, the judge indicates to the recoverer that the latter can present his claims against the debtor by filing a lawsuit. In addition, if a person paid a state duty when submitting an application, then it is credited to him against the submission of a new document.

In this case further fate requirements will depend on the claimant. The judicial body can begin consideration of a civil case only after receiving a claim from a person whose interests have been violated.

Impossible to appeal If the court receives objections from the debtor within the specified period of time, the order does not enter into force. The parties shall be notified of this within a three-day period. In addition, the decision to cancel the order cannot be appealed to a higher authority, because the law does not provide such an opportunity to the recoverer.

Most citizens Russian Federation faced a problem like trial. And quite often, these litigations take an incredible amount of time and effort. In addition to damaging their own nerves, such circumstances take away a lot of money. We are talking about the payment of state duty and the payment of the services of a lawyer. When the case is already at the stage of trial, sooner or later a court order will be issued by the servant of the law. What is it, and at what stage of the given case is this decision made? A court order is an order of the judge, which he makes on his own, based on the claim and its documentation. This directive is an executive document and carries out its implementation in the manner prescribed by the court decision.

What are the requirements for a court order?

Based on Art. 122 of the Code of Civil Procedure, then a court order may be issued according to the following requirements:

• recovery of alimony for children who have not reached the age of majority (if the disagreements are not related to the clarification of paternity or its contestation);
• tax debt litigation;
• non-payment of wages to the worker;
• a request for the return of costs that are associated with the search for a debtor, or related to the preservation of the seized property that was taken from the defendant.

Note! It is worth noting that in order to obtain an order from a court worker, you will need to send an application to the Magistrate's Court. This application must be handwritten and based on the provisions of Article 124 of the Code of Civil Procedure.

Justice authorities

Entry into force of a court order

Legal basis Art. 209 of the Civil Code of the Russian Federation provides for the following circumstances for the enforcement of a decision from the judicial authorities:

• the court order becomes valid at the legislative level when the end of the period that was allocated for appealing against this decision comes;
• after the decision comes into force, other parties that were involved in the consideration of the process do not have the right to re-sue for the same requirements;
• if the decision of the judiciary has already acquired a legal right, and after this circumstance there are any changes in the conditions of payments or their terms, then both parties can file a new claim regarding the change in the requirements of the previous application.

Payment deferment

If we are talking about filing an appeal, then the order becomes valid only after consideration of this application. It may also happen that, due to new circumstances that were provided in the complaint, the court employee cancels or changes the previous decision and adopts a new one. Then the last accepted order takes effect instantly. You also need to pay attention to the fact that after the issuance of a legal decision, none of the participating persons has the right to re-reopen the consideration of the same case, and yet, cannot challenge the legal relationship in another arbitration project. If we talk about unscheduled changes in the statement of claim, which happened after the legal entry into force of the court order, then each of the interested parties must file a new claim with new requirements. And only then will this circumstance be considered, and a new decision will be made to increase the time period and other calculations of payments. But these circumstances can only be present in cases that require certain monetary penalties from the defendant.

When does the judgment come into effect?

According to generally accepted rules legislative framework the period provided for the final entry into force of the order begins when the time allotted for appealing this opinion to the highest instances of the judicial authorities ends. If a civil lawsuit was under consideration, then exactly one month after the issuance of a court verdict is allotted for its appeal. The countdown begins on the next day after the final assurance of the decision by the judge. It should be noted that in order to file an appeal, it is necessary to correctly compose it and submit it to higher judicial authorities. To file a complaint, you will need to provide:

• the full name of the court where you want to file a complaint;
• personal data of the applicant and address of actual residence;
• designation of the contested conclusion;
• the requirement to the justice authorities that the applicant wants to convey;
• solid conclusions, in view of which the person considers the court decision illegal;
• list of attached documentation.

Important! In an appeal against a decision, claims cannot be made that were not previously mentioned in the original statement of claim.

Statement of claim

If the claim was made in accordance with all of the above requirements, then the highest judicial instances are obliged to accept it and set a date for consideration. The person has a month to file a complaint, but if this claim was not made, then after 30 days the order gains legal grounds and becomes valid. It should be noted that the decision that was put forward by the servant of the law cannot enter into force until all participants in the proceedings are notified of it. The principle of notification itself does not take much time, since in connection with the development of the Internet, everything is done in a matter of minutes. But if the hearing participant does not have such technologies, then he will be notified using mail services. If you use the Internet, then you can study the ruling in detail only on the court website, access to which is limited, that is, only participants in the hearing can open it.

In what cases does the order take effect at the wrong time?

In some cases, the order becomes valid a little in the wrong time period, which is prescribed in Art. 321 GK. The provided list of situations in which the date of entry of the decision changes slightly is spelled out in Art. 211. These include the following decrees:

• rehabilitation of a person at work;
• reimbursement of wages to a person who has an official income (within a three-month period);
• alimony claim.

Another of the emergency cases is the immediate execution of the conclusion by the judiciary. It can be carried out at the request of the applicant, but for this they must meet certain conditions:

• the presence of special factors that cannot wait for such a long time allotted for a final decision, as they may lead to irreparable damage to the applicant;
• the presence of a proper application, which must be provided at the time of the hearing;
• the possibility of the applicant to ensure the reversal of the court order if it is not accepted by the higher authorities.

Timing of child support payments

Cancellation of an order issued by the judiciary

As you know, the court order is printed on a certain form and made in two copies. Having entered into force, one copy of the decision is sent to the debtor. But there are situations when the court opinion does not reach the addressee, and he does not know about this document. Some other services, namely bailiffs, can notify him of this. What, then, should be done in such a case? The legal legislation in this situation provides for the possibility of filing an objection to the decision. The person has the right to write a proper application for the annulment of the decision and the restoration of the period that was allotted for appeal. Oddly enough, but not getting a conclusion is a fairly common reason for statements. The servants of the law know this and often make concessions to such persons. After the petition has been received, the court worker notifies the bailiffs of the cancellation of the legal order, and they temporarily suspend claims for financial obligations. Such a delay will be taken into account until the bailiffs are notified of the new decision. It should be borne in mind that if the servant of the law considers it necessary not to cancel the current resolution, then the person can write a cassation claim. Upon expiration of the waiting period, which was granted for appeal, the bailiffs are legally entitled to start collecting from the debtor. If, after consideration of the cassation appeal, the conclusion is nevertheless canceled, then everything will be returned to the citizen.

Cassation complaint (sample)

In conclusion, it is worth noting that no matter how long the trial takes, you need to consult with an experienced lawyer at any stage. After all, if a citizen is not legally “savvy”, then an incredible amount of troubles can arise. And it doesn’t matter what kind of appeal follows: non-payment of a loan, municipal proceedings, divorce, etc. All the same, you need to carefully study the legal framework and, in appropriate cases, rely on the necessary articles of the Civil Procedure Code. And only then will litigation not bring unnecessary difficulties.

An executive document is a special document issued by a court or other body on the basis of a court decision that has entered into legal force, a decision of another body, to initiate enforcement proceedings, in order to enforce this decision.

Enforcement proceedings are the final stage of the judicial process. The need for this stage arises only when the debtor voluntarily fails to comply with a court decision, a decision of another body.

In this case, the recoverer has the right to obtain a writ of execution and present it to the Bailiff Service, which is entrusted with the obligation to enforce court decisions with the application of special coercive measures to the debtor.

It should be borne in mind that only the exactor himself can initiate the issuance of a writ of execution, as expressly stated in Articles 130, 428 of the Code of Civil Procedure of the Russian Federation. The exception is the decisions on which the state is the recoverer, in this case the courts have the right to independently initiate the issuance and direction of the writ of execution to bailiffs.

The list of documents that are executive is defined in Article 7 of the Federal Law "On Enforcement Proceedings". This list is open, executive documents may be decisions of other bodies, without a specific definition of these bodies.

For the effective execution of a court decision, the executive document must contain information about the debtor and the recoverer. Article 8 of the Federal Law “On Enforcement Proceedings” defines a list of information consisting of seven items that must be indicated in the executive document without fail. The absence of at least one of them entails the non-compliance of the executive document with the requirements of the law, in which case it does not acquire executive power, and such a document cannot be accepted for execution. Initiation of enforcement proceedings on its basis is also impossible.

When initiating enforcement proceedings, three main provisions must be taken into account.

1. The executive document must comply with the mandatory requirements specified in Article 8 of the Federal Law "On Enforcement Proceedings".

2. An executive document can be presented for enforcement only within a certain period, which is specified in Article 14 of the Federal Law "On Enforcement Proceedings".

3. An executive document can be issued only on the basis of a decision that has entered into legal force, which is noted in the executive document.

Knowledge of these simple norms of the law for the recoverer significantly reduces the period of enforcement proceedings, for the debtor it makes it possible to appeal against the actions of the bailiff and significantly increase the period of enforcement proceedings, and in some cases completely cancel enforcement.

Judgment as a writ of execution

Among executive documents, a court order stands apart, as an executive document, it can have a number of significant drawbacks.

In the previous article, it was already noted that court order proceedings are a very dubious norm of modern procedural law in Russia. I will only repeat that it uses absolutely incorrect (in relation to the defendants) procedural technology, introduced in 2002 with the adoption of a new edition of the Civil Procedure Code of Russia, in order to understand this, it is enough to compare the norms of the old and new editions of the Code of Civil Procedure of the Russian Federation.

Initially, the system of judicial writ proceedings was introduced in 1995 with the adoption of Federal Law No. 49 of November 30, 1995, at that time a number of provisions were provided to protect the rights of the defendant.

1. Prior to the issuance of a court order, the defendant was obligatory notified by the court of the acceptance of an application for the issuance of a court order and he was given a period of up to 20 days to respond to the stated requirement (currently this norm absent)

2. The defendant was also given a 20-day period, from the date of issuance of the court order, to file an application for its cancellation (currently this rule is absent)

3. The judge refused to issue a court order if the defendant did not agree with the stated requirements (currently this rule is absent)

4. Recovery under a court order was carried out after a 10-day period after its issuance (currently this rule is absent)

In the current version of the Code of Civil Procedure of the Russian Federation, these provisions are completely eliminated.

The norm of Article 129 in the current wording of the Code of Civil Procedure of the Russian Federation, which provides for the possible cancellation of an already adopted court order, in no way implements the defendant's right to judicial protection, since the consideration of the stated claim has already taken place and took place without taking into account the opinion of the defendant.

And the norms of Article 128 of the Code of Civil Procedure of the Russian Federation put judges in general in the most difficult position, obliging them to send a copy of the court order to the debtor, whose actual whereabouts the court does not know. But at the same time, it is indicated that the debtor has the right to file objections regarding its execution within ten days from the date of receipt of the order. As they say, comments about the hypocrisy of the judiciary are superfluous.

So that the rights of the defendant (debtor) are not violated, and he can submit his objections or appeal against the court decision, the defendant (debtor) must not only know about him, but also have properly executed documents (copy of the court order, decision) recognizing him as such . Proper notification of the defendant (debtor) about decision, the actual delivery of the court order to him and the determination of the date of receipt of this order by him, from which ten days are calculated for the submission of objections for the judges, is a big problem. The judge must know the exact place of residence of the defendant (registration address and place of residence often do not match), but applicants (collectors) do not bother to provide the court with information about the actual location of the defendant.

Since there is a ten-day period for filing objections, the date of adoption of the court order cannot be the date of its entry into force. According to the legislator, the ten-day period should compensate the defendant for his right to appeal, after which the court order can be brought for execution, i.e. comes into force.

Since the current version of the Code of Civil Procedure of the Russian Federation, unlike the previous one, does not contain a rule on the procedure for the entry into force of a court order, and it is often simply impossible for the court to obtain confirmation of the proper notification of the defendant, the majority of judges simply do not indicate the date of entry into the court order it into force. It is the establishment of the date of entry into force of the court order that is its main, significant drawback, both as a judicial act and as an executive document.

A court order has the status of a court order and at the same time, by virtue of law, is an executive document. In accordance with Article 13 of the Code of Civil Procedure of the Russian Federation, only those court decisions that have entered into force are subject to execution; such a document cannot be presented for enforcement.

In most cases, savvy defendants document the date of actual receipt of the writ, and the court successfully overrules it even after a considerable period of time after it is issued. To do this, it is enough to send in a simple written form to the court that accepted the court order, an application for its cancellation, attaching documents indicating the actual date of receipt of the order.

Naturally, in this case, in accordance with Article 23 of the Federal Law “On Enforcement Proceedings”, all sanctions that were applied by the bailiff are completely canceled.

The procedure for the execution of court orders

The execution of court orders is regulated by a special norm of the Federal Law "On Enforcement Proceedings", as indicated in Article 121 of the Code of Civil Procedure of the Russian Federation, which has a reference norm. To initiate enforcement proceedings, the enforcement document must comply with the mandatory requirements specified in Article 8 of the Federal Law "On Enforcement Proceedings"

Some recoverers misinterpret the norms of Article 8 of the Federal Law “On Enforcement Proceedings”, mistakenly believing that this article has a reference norm in relation to all court orders submitted for enforcement. This is an absolutely incorrect interpretation of this article, the will of the legislator is expressed in it extremely concisely and unambiguously without any double meaning. Paragraph 3 of this article does have a reference rule, but only in relation to court orders for the recovery of alimony, the content of which is determined by the Code of Civil Procedure of the Russian Federation and the Family Code of the Russian Federation, the content of all other court orders is determined precisely by the eighth article of the Federal Law "On Enforcement Proceedings"

This, as it were, "erroneous" position of the exactors and at their request of some bailiffs is easily explained. At the stage of presentation for execution of court orders, a rather complex contradiction arises. Most of the court orders for the recovery Money, does not have a mark on their entry into force. For the above reasons, the judges simply do not indicate this date, thereby depriving the court orders of the executive force.

In accordance with paragraph 6 of Article 8 of the Federal Law “On Enforcement Proceedings”, the date of its entry into force must be indicated in the court order without fail. If this date is not specified, it is considered that the court order, as a court order, has not entered into force (Article 13 of the Code of Civil Procedure of the Russian Federation) and as an executive document in accordance with Article 10 of the Federal Law "On Enforcement Proceedings" it cannot be accepted by a bailiff -performer for execution.

If the executive document is adopted without a note on the entry into force of the relevant judicial act and on its basis the bailiff initiates enforcement proceedings, this can be considered as an excess of the bailiff's official powers. In this case, the debtor should not hesitate to file an appropriate complaint with the court against the bailiff.

Also, the opinion of some claimants is erroneous that when determining the content of a court order, one should be guided by the later norm of the law, Article 127 of the Code of Civil Procedure of the Russian Federation, which came into force after the adoption of the Federal Law “On Enforcement Proceedings”.

Indeed, the new version of the Civil Procedure Code of Russia was put into effect on February 1, 2003, much later than the adoption of the Federal Law "On Enforcement Proceedings", but in accordance with Article 4 of Federal Law No. 137 of November 14, 2002, "On Enforcement Code of Civil Procedure of the Russian Federation" it was established that:

"Federal laws and other regulatory legal acts operating on the territory of the Russian Federation and related to the Civil Procedure Code of the Russian Federation are subject to harmonization with the Civil Procedure Code of the Russian Federation. Until the said federal laws and other normative legal acts are brought into conformity with the Civil Procedure Code of the Russian Federation from the moment the Civil Procedure Code of the Russian Federation is put into effect by this federal law, they shall be applied to the extent that does not contradict the Code of Civil Procedure of the Russian Federation.

The regulatory framework for enforcement proceedings was brought into line with the new version of the Code of Civil Procedure of the Russian Federation through the adoption of a number of Federal Laws (No. 176 of December 24, 2002; No. 8 of January 10, 2003; No. 161 of December 8, 2003; 05.03.2004; No. 58 of 06.29.2004; No. 122 of 08.22.2004), as well as a number of resolutions of the Constitutional and Supreme Court Russian Federation,

At present, the Federal Law "On Enforcement Proceedings", which is a special rule in relation to the Code of Civil Procedure of the Russian Federation, is applied subject to the changes made to it by the above regulations. Taking into account these changes, the provisions of the eighth article of the law have not changed and at present the requirements for executive documents are determined by this article. In addition, Article 8 of the Federal Law "On Enforcement Proceedings" and Article 127 of the Code of Civil Procedure of the Russian Federation do not contradict, but logically complement each other. The requirements specified in Article 8 of the Federal Law "On Enforcement Proceedings" are mandatory for all enforcement documents specified in Article 7 of the same law, including for court orders.

Summing up what has been said, we can draw a simple conclusion:

Courts issue judicial decisions in the form of court orders, court decisions, court rulings. Throughout the territory of the Russian Federation, court decisions that have entered into force are subject to execution (Article 13 of the Code of Civil Procedure of the Russian Federation)

A court order has the status of a court order, and at the same time is an executive document (Article 121 of the Code of Civil Procedure of the Russian Federation). For execution, it can be accepted only after it enters into force, which should be noted in the order and subject to all the mandatory requirements for enforcement documents, in accordance with Article 8 of the Federal Law "On Enforcement Proceedings". It should also be borne in mind that a court order can be presented for execution only within a certain period, which is specified in Article 14 of the Federal Law “On Enforcement Proceedings”.

If you are a claimant, check again if your court order complies with all the requirements of the law. Any error in the documents can be used to your advantage by the debtor.

If you are a debtor and enforcement proceedings are being conducted against you, also check whether the court order on the basis of which this proceedings was initiated meets all the requirements of the law. Perhaps, after reading this article, you will more critically evaluate the requirements presented to you.

Alexander Dudkin

Note: The article "Court Order as an Executive Document" was written at the time of the validity of the Federal Law "On Enforcement Proceedings" in the old version. In connection with the adoption of a new edition of the Federal Law "On Enforcement Proceedings" FZ-229 dated 02.10.2007, it must be taken into account that the numbering of the articles of the law has changed.

Certify the original? How is that? A power of attorney is a document that gives authority to someone.

Article 53

1. The powers of a representative must be expressed in a power of attorney issued and executed in accordance with the law.

2. Powers of attorney issued by citizens may be certified by a notary public or by the organization in which the principal works or studies, by a homeowners association, housing, housing construction or other specialized consumer cooperative that manages apartment building, the managing organization at the place of residence of the principal, the administration of the institution of social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (head) of the relevant military unit, formation, institution, military educational institution, if powers of attorney are issued by military personnel, employees of these units, formations, institutions, military educational institutions or members of their families. The powers of attorney of persons in places of deprivation of liberty shall be certified by the head of the respective place of deprivation of liberty.

3. A power of attorney on behalf of an organization shall be issued with the signature of its head or other person authorized to do so by its constituent documents, affixed with the seal of this organization.

4. Legal representatives present to the court documents certifying their status and powers.

5. The right of a lawyer to appear in court as a representative is certified by a warrant issued by the relevant bar association.

6. The powers of a representative may also be determined in an oral statement recorded in the minutes of the court session, or in a written statement of the principal in court.

Legal registration in Art. 185 of the Civil Code of the Russian Federation

Article 185. Power of attorney

1. A power of attorney is a written authorization issued by one person to another person for representation before third parties. A written authorization to conclude a transaction by a representative may be presented by the representative directly to the relevant third party.

2. A power of attorney to conclude transactions requiring a notarial form must be notarized, except as otherwise provided by law.

3. The following shall be equated to notarized powers of attorney:

1) powers of attorney of military personnel and other persons who are being treated in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and members of the families of military personnel, certified by the commander (chief) of these units, formations, institutions or institutions;

3) powers of attorney of persons in places of deprivation of liberty, certified by the head of the respective place of deprivation of liberty;

4) powers of attorney of adult capable citizens who are in institutions of social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body of social protection of the population.

4. Power of attorney to receive wages and other payments related to labor relations, to receive remuneration of authors and inventors, pensions, allowances and scholarships, deposits of citizens in banks and to receive correspondence, including cash and mail, can also be certified by the organization in which the principal works or studies, the housing maintenance organization at the place of his residence and the administration of the inpatient medical institution in which he is being treated.

A power of attorney for a representative of a citizen to receive his deposit in a bank, funds from his bank account, correspondence addressed to him in communication organizations, as well as to perform on behalf of a citizen