Enforcement of Non-Monetary Claim

What Does the Law on Enforcement Proceedings Say?

Based on the systemic interpretation of part 1 of article 16 of the Arbitration Procedure Code of the Russian Federation, part 1 of article 6, judicial acts of the arbitration court that have entered into legal force and the legal requirements of the bailiff are mandatory for government bodies, local governments, other bodies, organizations, officials and citizens and are subject to strict execution throughout the Russian Federation.

In accordance with Part 1 of Article 12, Article 13 of the Federal Law of July 21, 1997 No. 118-FZ “On Bailiffs”, Articles 2 and 4 of the Law on Enforcement Proceedings, the bailiff is obliged to take all necessary and sufficient measures aimed at timely, complete and correct fulfillment of the requirements of the executive document, without allowing in its activities to infringe on the rights and legitimate interests of citizens and organizations.

In accordance with Article 6 of the Law on Enforcement Proceedings, the legal requirements of the bailiff are mandatory for all state bodies, local governments, citizens and organizations and are subject to strict implementation throughout the Russian Federation.

In case of failure to comply with the legal requirements of the bailiff, he will apply the measures provided for by this Federal Law.

Chapter 13 of the Law on Enforcement Proceedings establishes special rules for the execution of non-property claims.

Thus, by virtue of Part 1 of Article 105 of the Law on Enforcement Proceedings, in cases of failure by the debtor to fulfill the requirements contained in the writ of execution within the period established for voluntary execution, as well as his failure to comply with the writ of execution, subject to immediate execution, within 24 hours from the receipt of a copy of the resolution bailiff to initiate enforcement proceedings, the bailiff issues a resolution to collect the enforcement fee and sets the debtor a new deadline for execution.

As stated in Part 2 of Article 112 of the Law on Enforcement Proceedings, the enforcement fee is established by the bailiff after the expiration of the above period, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances. given conditions of circumstances.

In case of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles (Part 3 of Article 112 of the Law on Enforcement Proceedings).

Along with the above measures, the bailiff has the right to carry out, in the process of fulfilling the requirements of executive documents, also the actions named in Article 64 of the Law on Enforcement Proceedings, including: giving instructions to individuals and legal entities to fulfill the requirements contained in the executive documents ( paragraph 4 of part 1); in order to ensure the execution of a writ of execution, seize property, including cash and securities, seize said property, transfer seized and seized property for storage; collect the enforcement fee (clause 13 of part 1); perform other actions necessary for the timely, complete and correct execution of executive documents (clause 17 of part 1).

Administrative Liability

Another way to influence the debtor may be to bring him to administrative responsibility.

Part 2 of Article 105 of the Law on Enforcement Proceedings states that if the debtor fails to comply with the requirements contained in the executive document, without good reason, within the newly established period, an official of the bailiff service draws up a protocol on the administrative offense against the debtor in accordance with the Code of the Russian Federation on Administrative Laws offenses and a new deadline is set for execution. If the participation of the debtor is not necessary to fulfill these requirements, then the bailiff will organize execution in accordance with the rights granted to him by this Federal Law.

In accordance with the requirements of Part 3 of Article 6 and Article 113 of the Law on Enforcement Proceedings, if the debtor fails to fulfill the requirements of a non-property nature contained in the executive document, without good reason, within the newly established period, the bailiff applies to the debtor a fine provided for in Article 17.15 of the Code of Administrative Offenses of the Russian Federation, and sets a new deadline for execution.

So, part 1 of article 17.15. The Code of the Russian Federation on Administrative Offenses stipulates that failure by the debtor to comply with the requirements of a non-property nature contained in the executive document within the period established by the bailiff after the issuance of a decision to collect the enforcement fee, entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

In case of repeated failure by the debtor to fulfill the requirements of a non-property nature contained in the executive document within the period again established by the bailiff after the imposition of an administrative fine, it shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles; for officials - from fifteen thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand rubles (part 2 of article 17.15 of the Code of Administrative Offenses of the Russian Federation).

Responsibility is also provided for failure to pay an administrative fine within the period provided for by the Code of Administrative Offenses of the Russian Federation and entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours (Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation).

Criminal Liability

The bailiff is also not limited in initiating the procedure for bringing the head of the debtor organization to criminal liability under Article 315 of the Criminal Code of the Russian Federation.

Thus, part 2 of Article 315 of the Criminal Code of the Russian Federation establishes that malicious failure by a representative of the government, a civil servant, a municipal employee, as well as an employee of a state or municipal institution, commercial or other organization of a court verdict, court decision or other judicial act that has entered into legal force , as well as obstruction of their execution - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.

Thus, the legislation provides a range of measures to compel a debtor to fulfill the non-monetary obligations imposed by the court, ensuring the right to enforcement of judicial decisions.