In judicial practice, there is such a thing as the institution of enforcement proceedings.Of course, for the implementation of this procedure requires a specific reason, the list of which is given in the norms of the current legislation.Such grounds include:
- view a specific document that induces excitement, for example, a writ of execution or order of the court;
- claimant's statement, expressing the desire to carry out the trial;
- direct disposal of bailiffs, based on the above documentation.
very same enforcement proceedings - a process, identify specific frames.That is, for its realization requires not only documents confirming the feasibility of the case and the specific terms of each stage of the proceedings.All this is clearly described in the relevant legislation.
In addition, enforcement proceedings carried out in steps.In this connection, the whole process can be divided into distinct stages:
- primarily recoverer necessary to require a specific document preparation protruding base.
- He then expresses the requirement to begin judicial proceedings in the form of a statement.
- collected documentation transmitted bailiffs corresponding regional divisions.And should contact the authority in the territory of the defendant.For the convenience of the citizens allowed the transfer of the writ of execution and statements in the mail in the form of a registered letter.This greatly facilitates the litigation for the plaintiff, since this is usually a long process and requires a great deal of patience.It's no secret how difficult it is sometimes to communicate with the Office of the employees and other officials.
- enforcement proceedings can be approved or rejected within three working days.
- After the final judgment the bailiff notifies in writing to all interested persons.
- The defendant has the right for a specified period of time on their own to fulfill their obligations in relation to the other side.Typically, the duration period does not exceed five working days.Otherwise the debtor be held liable and required to pay a fine.Typically, the amount of penalty is about 7% of the debt.
Separately want to note the principles of the enforcement proceedings, as they are based on the whole process of investigation.All principles can be divided into groups: constitutional, cross-industry and directly affect the enforcement proceedings.The first group is considered to be total, as these principles apply to all aspects of society.These include:
- absolute equality of all subjects of the civil code;
- prevalence of freedoms and rights of citizens.This means that the state is paramount maximum protection of human rights and the preservation of its freedom of action if the subject is not in conflict with other legislation;
- and of course, any citizen of the government should provide legal protection.Especially sharply this question arises during litigation, when the defendant is not possible to find a lawyer yourself.
Interbranch - these are the principles that reflect the individual branches of law.A good example of this principle is the requirement to implement legal proceedings in the national language.
enforcement proceedings in the narrow sense is subject to certain rules (principles).Rule of optionality implies that a person has a right to dispose of his property at his own discretion, without being subject in this case to third parties.When collecting debts forcibly defendant has the right to retain the property or funds to the minimum amount required to cover the household expenses.
