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Business Duty Officer

Tools of enforcement proceedings

Tools of enforcement proceedings

In accordance with Art.. 30 enforcement proceedings are initiated within three days from the date of receipt by the bailiffs unit of the claimant's application and the enforcement document.

The debtor is granted 5 days for voluntary repayment of obligations from the moment of receipt of a copy of the decision on the initiation of enforcement proceedings.

After that, the bailiff has the right to apply enforcement measures.

Enforcement measures are established by Art.. 64 Federal Law "On Enforcement Proceedings", among them are the following things:

  • Call the parties of enforcement proceedings;
  • Request the necessary information;
  • Enter non-residential premises for performance purposes;
  • Seize property, seize property and place it in storage;
  • Valuation of property, involve specialists for evaluation;
  • Search for the debtor, their property;
  • Request the necessary information from the parties of the individual entrepreneur;
  • Consider applications, petitions of the parties;
  • Collect the performance fee;
  • Establish temporary restrictions on the debtor's departure from the Russian Federation;
  • Establish time limits on the exercise of a special right;
  • Set-off of homogeneous claims on the basis of an executive document.

The system provides 1000 and 1 way to compel the debtor to perform its obligations. But practice shows, that the system also provides 1001 a way to avoid the fulfillment of obligations.

In this case, it's worth turning to the root causes of non-fulfillment of obligations: often the debtor considers the court's decision unfair and for this reason resorts to evasion of obligations.

Then it makes sense to turn to the search for consensus: during the negotiations, the parties to the enforcement proceedings will be able to take into account each other's interests and come to an agreement, provisions of which and the claimant, and the debtor will be considered fair.

For a more effective and less emotional resolution of the conflict, it is worth negotiating through representatives, поскольку представители не имеют претензий друг друга и с обеих сторон преследуют цель узнать область интересов другой стороны и прийти к соглашению.

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