Legal encyclopedia. The letter AND

EXECUTIVE COLLECTION

- tax collected from the debtor in the event of failure to comply with the enforcement document in time without valid reasons.

IS is collected in the amount of 7% of the recovered amount or the value of the debtor's property.

In the event of non-execution of an executive document of a non-property nature, IS is recovered in the amount of 5 times the minimum wage, from debtors-organizations - 50 minimum wages.

The decision on the recovery of IS is made upon receipt of the executive document by the bailiff-executor. Subsequent presentation of an executive document is not liable to IS.

If the enforcement proceedings are terminated due to the cancellation of the judicial act on the basis of which the executive document was issued, IS returned to the debtor.

Decision on the recovery of IS is carried out simultaneously with the issuance of a resolution on

The initiation of enforcement proceedings.

Expenses for executing executive actions include funds from the extrabudgetary fund for the development of enforcement proceedings, the funds of the parties and other persons participating in the enforcement proceedings.

Expenses for executing executive actions include funds spent for:

1) transportation, storage and sale of the debtor's property;

2) payment for the work of translators, witnesses, specialists and persons involved in the commission of executive actions;

3) transfer by mail to the recoverer of the collected amounts;

4) search for a debtor, his property or search for a child selected from the debtor in court;

5) other necessary executive actions.

To ensure enforcement actions, the recoverer can make an advance payment to the deposit account of the subdivision.

At the completion of the enforcement action, the advance payment is returned to the recoverer. When the enforcement proceedings are terminated due to the refusal of the recoverer from receiving items seized from the debtor, the recoverer returns

Part of the advance payment.

The debtor is charged with the costs of executing executive actions, which are paid to the deposit account of the unit.

The recovery of expenses, reimbursement to their authority or the person who incurred them, is carried out by a decision of the bailiff-executor, approved by the senior bailiff.

Copies of the order are sent to the parties within 3 days.

The decision may be appealed to the court within 10 days.

If the debtor refuses or evades reimbursement of expenses for his search, the issue of reimbursement of expenses to the recoverer is decided by the courts. In this case, the recoverer is exempt from payment of state duty.

At default by the debtor

Of the executive document without justifiable reasons, the bailiff shall issue a resolution imposing a fine of up to 200 minimum wages and appoint a new deadline.

In subsequent violations, the size of the penalty is doubled each time.

If you re-default

Executive document without valid

Reasons, the bailiff submits the idea of

Administrative or criminal

Responsibility.

The decision to impose a fine is approved by the senior bailiff and may be appealed in a 10-day period.

For the failure of citizens and officials to comply with the requirements of the bailiff, for the loss of the executive document, or the late sending thereof, the submission of false information about incomes and property status, as well as the failure of the debtor to leave the job, a new place of work or residence, Officials are subject to a fine of up to 100 times the minimum wage, and for evasion without valid reasons from appearing at the summons of the bailiff or to the place where executive actions are committed to the drive.

If there are signs of a crime in the actions of a citizen or an official, the bailiff introduces to the relevant authorities the idea of ​​bringing the perpetrators to criminal liability.

If the decisions of the bailiff-enforcement officer affect the interests of the parties and other persons, he issues a relevant resolution, which states:

1) the date and place of the decision;

2) the position, surname, first name and patronymic of the bailiff executing the decision;

3) enforcement proceedings, by which a resolution is issued;

4) the question under consideration;

5) the basis for the decision, with reference to the laws and regulations, which guided the bailiff-executor;

6) conclusion on the issue under consideration;

7) the procedure and term for appealing the decision.

The bailiff who provided enforcement of the executive document receives a fee of 5% of the amount collected, but no more than 10 minimum monthly wages, and 5 non-material documents of executive nature. In case of partial execution of the executive document, the remuneration is paid in proportion to the recovered amount. This amount is paid from an extra-budgetary fund for the development of enforcement proceedings.