The amendments are aimed at improving the enforcement proceedings and at the formation of procedural prerequisites for the most effective collection of receivables by means of enforcement proceedings.
The new law significantly expanded the powers of bailiffs-executors. Now they have the right to carry out proceedings on cases of administrative offenses, the list of which has been significantly expanded. In addition, they were given ample opportunities to search for debtors, their property, defendants and children. So, taking into account the latest changes, bailiffs can request information from databanks of operational reference, search information, process the necessary personal data, conduct a survey, identify a person, make inquiries, inspect premises, check documents, etc.
The new law now operates with such concepts as “executive search” and executive-search actions. It is possible to issue a resolution of the bailiff-executor in the form of an electronic document signed with a strengthened qualified signature of the bailiff-executive or other official of the bailiff service in the manner prescribed by the legislation of the Russian Federation.
In addition, the recoverer is given the right to indicate in the application for initiation of enforcement proceedings the information he knows about the debtor, as well as attach documents containing information about the debtor, his property status and other data. The procedure for tracing the debtor, his property, as well as the search for a child (executive search) is also being improved. In particular, the list of requirements, upon the fulfillment of which the bailiff declares a search for the debtor or his property, includes compensation for damage caused by the crime and the recovery of a fine imposed as a punishment for the crime.
The procedure for levying execution on the debtor’s property is being clarified. So, his arrest is prohibited if the amount of recovery does not exceed 3 thousand rubles. However, this limitation does not apply to funds and mortgaged property.
Most importantly, the new law improved the procedure for assessing the debtor’s property. In addition, the amendments provide the debtor with the right to apply for the independent sale of things worth not more than 30 thousand rubles. They must be sold within 10 days and the proceeds must be transferred to the deposit of the bailiff service, otherwise the property will be transferred to the recoverer or sold forcibly.
The new law also expanded the list of grounds for the bailiff to terminate enforcement proceedings – it was supplemented by the exclusion of the recoverer (debtor) from the Unified State Register of Legal Entities.
Finally, the procedure for conducting enforcement proceedings is regulated by several bailiffs – a group of compulsory execution (Article 34.1 of the amended law). This form of interaction is most appropriate for large, complex and consolidated enforcement proceedings.
In addition, the powers of bailiffs to ensure the established procedure for the activities of courts have been expanded.
Leading lawyer of Rezolut Vasily Dryga: “On the whole, this law for the most part has regulated what has actually taken shape in practice. On the one hand, one cannot but rejoice that, as applied to the executive legislation, the changes are formed “from below”, that is, in a practical way, and only after the need has ripened for their legislative consolidation. On the other hand, it remains to be hoped that all the shortcomings of the current law, limiting the rights of claimants and the powers of bailiffs, will be eliminated somewhat faster and more efficiently.