Enforcement proceedings - a procedure prescribed by law and aimed at implementing acts jurisdictional bodies.It is compulsory.Its main purpose is to protect the violated rights or interests.It should be a clear distinction between enforcement and implementation of judicial decisions.Since the latter do not always need to be committed, not all the solutions required the use of coercive nature.For example, the recognition of property rights can be done either through registration with the competent authority, and through the presentation of a document confirming the right.In addition, decisions entailing state coercion, can be operated on a voluntary basis, and forced, but without the involvement of, for example, bailiffs.
enforcement proceedings is governed by the Federal Law "On Enforcement Proceedings", the Federal Law "On Bailiffs" and other acts that establish procedure and conditions for forced actuation.For example, the Family Code, which defines the order of execution of court decisions in disputes relating to the education of children and to order the payment of alimony.However, the execution of punishment in the form of fines and sentences of the court for the confiscation of property defined by the Criminal Executive Code.
main participants are the parties, the court, the prosecutor bodies, representatives of the parties and other persons who are involved in carrying out enforcement acts or facilitate the enforcement process.Parties to such proceedings are the debtor and the creditor.Last - organization or citizen, in whose favor the document was issued.The debtor - the subject, are required by contract to make the necessary executive action.
should be noted that enforcement can not start by itself.For this reason, and it requires a base.The last is the entry into force of a court order.The reason is the same inning in Bailiffs Service application, enclosing the executive document.Only if these two components bailiff begins its work on a particular case.
However, sometimes there are situations that call for the suspension of enforcement proceedings.If until recently, the action could be achieved only by the court, according to the new rules, the bailiff is also entitled to it.Moreover, the suspension may relate to the total volume of business, and can only be part of.It can also be voluntary or mandatory.
mandatory suspension of enforcement proceedings occurs when suing for exemption from seizure, contesting the results of its evaluation and decision bailiff, as well as in other cases provided by statute.If such proceedings were suspended, it can be renewed the determination of the court in whose jurisdiction the bailiff performs his duties.
Ends enforcement proceedings may bailiff in cases where there was actual performance requirements, as well as the liquidation of the debtor company.This action by the court as a result of the death of the claimant, with the loss of the possibility of execution, as well as the refusal by the collector from getting things that were seized from the debtor.
