1. Foreclosure of the debtor’s property includes seizure of property and (or) its sale, carried out by the debtor independently, or forced sale or transfer to the recoverer.
1.1. Execution of the pledged property on the basis of a notary's writ of execution may include seizure of the property and its transfer to the pledgee for the subsequent sale of this property in accordance with the Civil Code. code Russian Federation, Federal by law"On mortgage (mortgage of real estate)" order.
(see text in the previous edition)
2. Collection of the debtor’s property, including funds in rubles and foreign currency, is applied in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by a bailiff during the execution of a writ of execution.
(see text in the previous edition)
3. Execution of the debtor’s property under enforcement documents applies primarily to his funds in rubles and foreign currency and other valuables, including those located in accounts, deposits or deposits in banks and other credit organizations, with the exception of Money and precious metals of the debtor held in collateral, nominal, trading and (or) clearing accounts. The debtor's funds in foreign currency are levied in the absence or insufficiency of funds in rubles. Collection on precious metals, located in the accounts and deposits of the debtor, is applied in the absence or insufficiency of funds in rubles or foreign currency in accordance with part 3 of article 71 of this Federal Law.
(see text in the previous edition)
4. If the debtor has no or insufficient funds, foreclosure is applied to other property belonging to him by right of ownership, economic management and (or) operational management, with the exception of property, withdrawn from circulation, and property for which, in accordance with the federal by law foreclosure cannot be made, regardless of where and in whose actual possession and (or) use it is located.
5. The debtor has the right to indicate the property on which he asks to foreclose first. The final order of foreclosure on the debtor’s property is determined by the bailiff.
6. If the debtor has property that belongs to him by right of common ownership, then the penalty is applied to the debtor’s share, determined in accordance with federal law.
6.1. When allocated in accordance with the Federal by law“On an investment partnership”, a partner’s share in the common property of the partners for the debts of a participant in an investment partnership agreement cannot be levied on funds that constitute the shares of other participants in the investment partnership agreement in the common property of the partners and are on the account of the investment partnership for carrying out operations under the investment partnership agreement .
7. The debtor, at the request of the bailiff, is obliged to provide information about his rights to property, including exclusive and other rights to the results intellectual activity and means of individualization, rights of claim under agreements on the alienation or use of these rights, in the amount of debt determined in accordance with part 2 of this article. In this case, the debtor provides documents confirming the presence of the debtor belonging to him property, income that cannot be levied under enforcement documents, including funds in accounts, deposits or storage in banks and other credit institutions, as well as property that is the subject of pledge.
(see text in the previous edition)
8. If there is no information about the debtor’s possession of property, then the bailiff requests this information from the tax authorities, other bodies and organizations, based on the amount of debt determined in accordance with part 2 of this article. At the same time, the bodies implementing state registration rights to property, persons recording rights to securities, banks and other credit organizations, owners of nominal bank accounts, the bailiff requests necessary information with the permission of the senior bailiff or his deputy, given in writing or in the form of an electronic document signed by a senior bailiff or his deputy with enhanced qualified electronic signature. The claimant, if he has writ of execution with an unexpired deadline for presentation for execution has the right to contact the tax authority with an application for the provision of this information.
2. Collection of the debtor’s property, including funds in rubles and foreign currency, is applied in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the document, taking into account the collection of expenses for carrying out enforcement actions and the enforcement fee, imposed by a bailiff during the execution of a writ of execution.2. Collection of the debtor’s property, including funds in rubles and foreign currency, is applied in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff during the execution of the document.
8 tbsp. 69 of the Law (hereinafter referred to as the Federal Law “On Enforcement Proceedings”), you have the right to request the tax authorities. It is necessary to write a request to the tax authority, attaching a copy of the writ of execution. In accordance with paragraph 10 of Art. 69 of the Law, tax authorities are required to respond within 7 days from the date of receipt of the request.
The claimant may request the following information from the tax authorities (clause. Collection of the debtor's funds in foreign currency is applied in the absence or insufficiency of funds in rubles (Article 69 of the Law on Enforcement Proceedings)
Federal Law on Enforcement Proceedings Article 69
Unlike the previously existing Law on Enforcement Proceedings, this article establishes that foreclosure on property can be carried out not only through the forced sale of the debtor’s property, but also by transferring the debtor’s property into the ownership of the recoverer.
1.1 art. 78 of the Law, the procedure for foreclosure on pledged property on the basis of a notary’s inscription depends on the discretion of the claimant: if there is a corresponding request from the pledgee, the bailiff carries out foreclosure on the pledged property during enforcement proceedings (i.e. general rules law - carries out the seizure of property and its forced sale, the proceeds are transferred to the recoverer).
The right of the bailiff to independently search for the debtor, the debtor’s property and search for the child is conditioned only by the expediency of carrying out these actions. The Law on Production does not contain special restrictions or instructions in this regard, with the exception of filing an application to this effect from the claimant.
The right and duty of the bailiff to send requests to the relevant authorities and organizations is also an element of the search for the debtor’s property, for the implementation of which a special search order is not required.
Article 69 of the Law on Enforcement Proceedings (dated October 2, 2007
2. Collection of the debtor’s property, including funds in rubles and foreign currency, is applied in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by a bailiff during the execution of a writ of execution.4. The rules established by this article also apply when foreclosure on scholarships, pensions, remuneration due to the debtor for the use by the author of his copyright, the right to a discovery, an invention for which copyright certificates have been issued, as well as for an innovation proposal and an industrial design, for which certificates have been issued. 2. From convicts serving sentences in correctional colonies, settlement colonies, prisons, educational colonies, as well as from persons in drug treatment departments of psychiatric dispensaries and inpatient medical institutions, collection is made from all earnings without taking into account deductions for reimbursement of expenses for their maintenance in the specified institutions.