in enforcement proceedings as such has no concept of "limitation period".Federal Law "On Enforcement Proceedings" tells us about the timing of filing a writ of execution to execution.
As a general rule (Art. 21 of the Federal Law "On Enforcement Proceedings"), the term of filing a writ of execution to the execution of three years.Iewithin three years, the lender has the right to apply to bailiffs executing a statement on the work of recovery under the executive document.
consequences of non-compliance with the period specified in para. 8 of Art.31 of the Federal Law "On Enforcement Proceedings," which says that in case of missing the deadline of presentation of the executive document to recover the bailiff artist refuses to initiate enforcement proceedings.
However, in accordance with Art.22 of the Federal Law "On Enforcement Proceedings" implies that when the writ of execution shall be presented to the execution period specified in Art.21 of the Federal Law "On Enforcement Proceedings" is interrupted.And if the writ was sent to the claimant for inability to foreclosure - the time limit begins to run anew from the date of the writ of execution to the claimant.
These provisions of the Federal Law "On Enforcement Proceedings" contradict each other and generally sound logic for the following reasons.
The period in the event of a break, as a general rule, interrupted.However, within the meaning of the word "break" is meant that after transgressed the grounds for interruption of the term should continue, but not to flow again.
In this section - Article 21 of the Federal Law "On Enforcement Proceedings" and Art.22 of the Federal Law "On Enforcement Proceedings" contradict each other.
If the following article.22 of the Federal Law "On Enforcement Proceedings," it turns out that the lender can continuously throughout life to bring a writ of execution to execution.Only that did not pass the time - 3 years from the date of the last return of the writ.
I believe that this provision violates the rights of the creditor and the debtor's rights.
Violation of the creditor's rights in this part is that the law provides for so-called judicial red tape.The lender, which delivers the performance sheet hopes that the court decision will be executed in the nearest announcement time.
actually delays recovery by 20 years.In addition, the amount of debt in 20 years may be a result of very low inflation, which also has the interests of the lender.
Violation of debtor's rights is seen as follows.In a few years writs lie at the police officers, who then say - pay.It turns out that police officers are silent, and the debtor does not know the existence of the debt (the cases of a court order).Then, the 4 police officer comes and describes all.
And where all these 4 years were the bailiff?After all, over the 4 years it was possible to pay the full amount of the debt, or what some part of it.
I agree that the debtor is obliged to execute the judgment, but it is applicable only if the debtor is aware of the enforcement proceedings.And if the debtor does not know?If there was a court order or a default judgment, of which the debtor has been notified ....
In this situation, assumed a better option - to adopt the amendments to the Federal Law "On Enforcement Proceedings", which clearly stipulates that after a break the limitation period continues to flow, and does not begin to flow again.
Besides oblige bailiffs' service to prove the fact of sending the decision to institute enforcement proceedings and the fact that the debtor receives the said decision.
So get kind of protection of the rights of debtors who do not know about the court decision.After all, if they did not know why, nor do them.You do not have to do this guilty debtors.
If the debtor is aware of the presence of enforcement proceedings - in that case you need to discipline the debtor.How to do it?First of all, I do not have hopes for the debtor.
If the debtor does not pay the debt before the court, is unlikely on its own initiative, he will pay it after the trial.Therefore, if instituted enforcement proceedings - it is necessary to carry out specific actions it Bailiff.Not for nothing because they spend Enforcement.
This provision disciplines and a lender who knows that he can present the writ of execution is not all the time, but only after the expiration of the statute of limitations.
and upon presentation of a writ of execution lender will carry out activities to repay debt.
The result is, as the bailiff artist associated with the timing of enforcement proceedings - he will try to solve the problem and recover the debt it in these terms.
lender, too, will feel responsible and will not stretch and thus contribute to a quick solution to recover from the debtor's debt.
and their debtors - is also out.You understand, he will know that it is conducted in relation to enforcement and honest debtor will repay themselves in order to avoid the arrest of property.
Well, to unscrupulous debtors shall apply at all other measures.
In short, the problem needs to be addressed at the federal level, as the current situation does not provide a guarantee for the protection of any rights of a creditor or the debtor's rights.
And the bailiffs will be more binding on their duties
