Court decision to terminate enforcement proceedings. Grounds and deadlines for closing enforcement proceedings by a bailiff. Foreclosure of mortgaged property

The end or termination of enforcement proceedings (IP) is the final measure to fulfill the requirements set out in the executive document (order, sheet, alimony agreement, Pension Fund and Social Insurance Fund documents, etc.). Despite the similar procedural nature, the legislator made a distinction between them. IP is carried out by bailiffs, but the final stage is carried out in two directions.

Completion of IP

Termination of an individual entrepreneur is characterized by the unambiguous completion of the work of the FSSP with an executive document (ID) without the possibility of re-initiation, and is accompanied by the removal of all restrictions (ban on crossing the country’s border, on the use of transport) and coercive measures (collection, arrest, etc.). The end of proceedings does not always become irrevocable: material assets found or a hidden defaulter discovered will allow the previously completed enforcement proceedings to be reopened.

The terms of enforcement proceedings are limited by law. The basic period is limited to two months from the date of initiation of the IP. Special deadlines are given in the Federal Law or specified in the ID. The expiration of the time allotted for conducting the IP is not considered a reason for its completion. If during the period of enforcement proceedings the actions of the FSSP in fulfilling the obligation to fulfill the IP are not successful, the IP ends due to the impossibility of fulfillment. After completing the IP, the bailiff initiates proceedings for payment of the enforcement fee and compensation for associated costs, if the funds were not withheld earlier. The completion of the IP is formalized by a court ruling or a bailiff's order, which provides the rationale for the decision, lifts restrictions and cancels coercive measures.

Features of the end of IP

The distinction between termination and termination of individual entrepreneurs is carried out according to the subject composition of persons authorized to make decisions, grounds and consequences. Enforcement proceedings end exclusively with the bailiff upon the occurrence of the following circumstances:

completion of collection under a writ of execution or completion of the prescribed actions, fulfillment of all requirements prescribed by the ID, including fulfillment by one obligor in joint and several obligations;
return of ID to the collector (based on his will, failure to detect the defaulter’s property, in the absence of information about the location of the defaulter, etc.);
return of ID to the issuing authority upon its request; liquidation and transfer of ID to the liquidator, if the debtor is a legal entity;
bankruptcy of the defaulter and redirection of ID to the manager;
transfer of a copy of the ID to the place where income is generated by the defaulter for the purpose of withholding;
expiration of the statute of limitations for the execution of a judicial act or an act of the competent department;
payment of fines in criminal cases;
return of ID on the initiative of the issuing criminal court.

With some reservations, it is permissible to generalize that the end of the IP does not follow from the activities of the court. The bailiff proceeds from the results of his activities or is guided by circumstances beyond the control of the court: the ID was completed in the course of the measures taken, the search for the debtor and the material assets belonging to him were unsuccessful, the sheet was sent to the employer’s accounting department, the defaulter went bankrupt, etc.

Completed enforcement proceedings do not preclude the subsequent implementation of individual actions within the framework of the individual entrepreneur. The bailiff can check the legality and timeliness of the employer’s deductions of prescribed payments from the defaulter’s salary, and monitor the work of the liquidator in fulfilling the ID.

Features of termination of individual entrepreneurs

Termination of an individual entrepreneur is characterized by the presence of judicial acts or acts of competent departments that predetermine or replace the decision of the FSSP. The bailiff makes a formal decision, without being able to change the decision made by other structures. Termination of the IP is irreversible and is carried out regardless of whether the IP is executed or not. After the termination of the IP, it is impossible to initiate it again under the same ID, work with it is considered completed, and any powers and rights of the FSSP lose force. At the same time, restrictions and coercive measures against the defaulter are terminated. The ID is not returned to the creditor and is kept by the bailiffs.

Termination of IP through the FSSP

Through bailiffs, IP is terminated under the following circumstances:

termination by the court of execution on the ID issued by it;
the creditor's refusal to perform in his favor, subject to the court accepting such a refusal;
settlement agreement followed by judicial approval;
cancellation of the judicial act that was the basis for the individual entrepreneur;
cancellation, invalidity of ID;
termination of execution of a judicial act or an act of authorized departments during administrative proceedings;
exclusion of the individual entrepreneur (organization) from the Unified State Register of Legal Entities;
when a minor reaches an age at which international agreements on the return of a child illegally imported or detained within the borders of the Russian Federation (ensuring communication with him) do not apply, if this is the subject of an individual entrepreneur’s agreement.

Let's look at some of the reasons for terminating an individual entrepreneur in more detail.

Termination of execution of ID and termination of execution of a judicial or non-judicial act

If circumstances established by law arise, the court terminates the execution of the ID previously issued by it. Termination is formalized by a separate judicial act - a ruling. An example is the termination of individual entrepreneurial support for child support obligations upon the adoption of a minor, determination of ability to work or lack of need.

Termination of execution of a judicial act or an act of the competent department during administrative proceedings is possible if:

an amnesty that eliminates punishment, the execution of which is under the jurisdiction of the FSSP;
cancellation or loss of force of a normative act (part thereof) providing for punishment, the execution of which is within the jurisdiction of the FSSP.

Refusal by the creditor and settlement agreement

A waiver of execution is similar in nature to a waiver of a claim. The legislation does not provide explanations on the procedure for accepting a refusal. Based on the analogy of the law, the court refuses to accept a refusal if this refusal does not comply with the rules of law or causes a violation of the rights of third parties. Refusal is expressed only voluntarily with awareness of the consequences. If the refusal is caused by an agreement with the defaulter, then it is more legal to draw up a settlement agreement. The appropriateness of using the analogy of the law is evidenced by the fact that the legislator referred the consideration of such applications to judicial jurisdiction and delimited the basis under consideration from the end of the individual entrepreneur at the will of the claimant.

The creditor and the obligated person have the right to move to a settlement agreement before the completion of the IP. The court approves the settlement if it does not contradict the law and respects the rights of interested parties. The parties may change the unacceptable terms in the agreement. The procedure for approval and execution of a settlement at the IP stage is similar to the procedure in the first instance. If the agreements reached in the settlement agreement are violated, a new writ of execution is issued.

Cancellation of a judicial act and ID or invalidation of ID

The reversal of a court decision, regardless of the grounds and level of authority, is considered as an unambiguous reason for the termination of an individual entrepreneur. In case of a new decision, the ID is issued in accordance with the newly adopted conditions. Cancellation of ID is possible upon cancellation of a court order or the corresponding act of a non-judicial agency. Invalidity is possible only in relation to departmental acts and resolutions. For example, according to the claim of the OAiP, the prosecutor’s office, the alimony agreement may be declared invalid.

Termination of IP by the court

The court terminates the IP when the following circumstances occur:

Death of the individual entrepreneur party (if succession is impossible).
Loss of the ability of the obligated person to perform the actions imputed to him (to refuse such actions), except in cases of obligation to transfer a specific thing. Such a loss is possible, for example, in the event of the death of a minor while establishing the parent’s right to communicate with him.
Refusal of the creditor to receive the thing seized from the obligated person if the ID has ordered its transfer. The bailiff draws up an act of refusal to accept the thing and initiates legal proceedings to terminate the individual entrepreneur.
In other cases provided for by the Federal Law. These include the organization’s execution of acts of regulatory agencies, judicial acts and acts of competent departments in administrative proceedings.

A ruling on the termination of an individual entrepreneur is issued by the court upon the application of an interested party. The case is resolved at the meeting, the parties to the individual entrepreneur are notified, but their absence does not delay the proceedings and does not interfere with the making of a decision. Copies of the determination are sent to the parties and the bailiff carrying out the IP. A court ruling to terminate an individual entrepreneur may be appealed.
In the previously considered cases, the individual entrepreneur was terminated by the bailiff in accordance with acts adopted by other authorities. In this case, the individual entrepreneur is terminated directly by the court.

For a long time, in practice, we often resort to a situation where, during the execution of a court decision of an already legally formalized executive document, circumstances often arise that impede the proceedings, as a result of which the enforcement proceedings are legally subject to termination.

ATTENTION: read about it on the lawyer’s blog

This concept implies the complete and irrevocable completion of all existing enforcement actions in a known established proceeding, with the impossibility of their further resumption.

The situation is not so pleasant, since the purpose of the enforcement proceedings was not achieved, and the issued document will remain unexecuted. This case puts the creditor in an awkward position, since the situation does not allow his legitimate interests to be satisfied. However, the person participating in the case has the right to file a lawsuit or send a bailiff an application to terminate the proceedings; we can easily help you in drawing up this procedural document, since we are currently running an ACTION.

For many, this complex legal situation will seem insurmountable, but our lawyers reveal in this article a number of useful tips that you can use in reality.

The list of circumstances on the basis of which enforcement proceedings are terminated is established in Art. 43 Federal Law “On Enforcement Proceedings”:

1. Enforcement proceedings are terminated by court in the following cases:

death of the claimant or debtor, declaration of his death or recognition as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by a trustee appointed by the guardianship and trusteeship body;
loss of the ability to execute a writ of execution obliging the debtor to perform certain actions (refrain from performing certain actions);
the claimant's refusal to receive an item seized from the debtor during the execution of a writ of execution containing a requirement to transfer it to the claimant;
other cases.

2. Enforcement proceedings are terminated by the bailiff in the following cases:

adoption by the court of an act to terminate the execution of the writ of execution issued by it;
the court's acceptance of the claimant's refusal to foreclose;
approval by the court of a settlement agreement between the claimant and the debtor;
cancellation of the judicial act on the basis of which the executive document was issued;
cancellation or invalidation of the executive document on the basis of which enforcement proceedings were initiated;
termination, on the grounds and in the manner established by law, of the execution of a judicial act, an act of another body or official in a case of an administrative offense by the court, other body or official that issued the executive document;
making an entry on the exclusion of a legal entity (collector-organization or debtor-organization) from the unified state register of legal entities.

You need to know that the termination of enforcement proceedings gives rise to legal consequences established by law.

We remind you that the bailiff, in a reasoned decision to terminate enforcement proceedings, cancels the enforcement measures established by him and other restrictions for the debtor. Also, in addition to the main decision to terminate the proceedings, a new enforcement proceeding is initiated by the bailiff only insofar as the decisions not executed, partially or fully, are imposed on the collection from the debtor of those expenses that are necessary to carry out enforcement actions, as well as the enforcement fee that were imposed by the bailiff during the execution process executive document.

Watch the video on protecting the rights of the debtor in enforcement proceedings, do not forget to subscribe to our YouTube channel so as not to miss the advice of a lawyer:

Sample application to the bailiff for termination of enforcement proceedings

To the Kirov district department of the FSSP of Russia

in the city of Ekaterinburg, Sverdlovsk region

Inquirer:

Debtors:

Petition to terminate enforcement proceedings

Your proceedings are pending enforcement proceedings to enforce the decision of the Kirov District Court in case No. on the claim of B. to P. for eviction.

By virtue of paragraph 4 of part 2 of Article 43 of the Federal Law “On Enforcement Proceedings,” enforcement proceedings are terminated by the bailiff in the event of the cancellation of the judicial act on the basis of which the executive document was issued.

By the court's ruling, the above-mentioned default judgment was canceled. Under such circumstances, the initiated enforcement proceedings are subject to termination in connection with the cancellation of the judicial act on the basis of which the executive document was issued.

Based on the above, guided by Article 43 of the Federal Law “On Enforcement Proceedings”,

ASK:

Terminate enforcement proceedings to enforce the decision of the Kirovsky District Court on the claim of B. against P. for eviction

Applications:

A duly certified copy of the determination

Date, signature

USEFUL: watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel

2. Enforcement proceedings are terminated by the bailiff in the following cases:

1) the court adopts an act to terminate the execution of the writ of execution issued by it;

2) the court accepts the claimant’s refusal to collect;

4) cancellation of the judicial act on the basis of which the executive document was issued;

Cancellation or invalidation of the executive document on the basis of which enforcement proceedings were initiated;

Termination on the grounds and in the manner established by federal law of the execution of a judicial act, an act of another body or official in a case of an administrative offense by the court, another body or official that issued the executive document;

7) making an entry on the exclusion of a legal entity (collector-organization or debtor-organization) from the unified state register of legal entities;

8) if the executive document contains a requirement for the return of a child illegally transferred to the Russian Federation or held in the Russian Federation or for the exercise of access rights in relation to such a child on the basis of an international treaty of the Russian Federation and the child has reached the age at which the specified international treaty is not subject to application in regarding this child;

Information about changes:

Part 2 was supplemented by paragraph 9 from November 25, 2017 - Federal Law of November 14, 2017 N 321-FZ

9) termination of alimony obligations on the grounds provided for in paragraph two of paragraph 2 of Article 120 of the Family Code of the Russian Federation;

Information about changes:

Part 2 was supplemented by paragraph 10 from March 7, 2018 - Federal Law of March 7, 2018 N 48-FZ

10) recognition of debts on payments to the budget as uncollectible in the manner established by the legislation of the Russian Federation;

Information about changes:

Part 2 was supplemented by paragraph 11 from March 7, 2018 - Federal Law of March 7, 2018 N 48-FZ

11) if the executive document contains a requirement for the collection of state duties in a case considered by the court on the collection of debts on payments to the budget, in respect of which, in the manner established by the legislation of the Russian Federation, a decision was made to recognize it as hopeless for collection;

Information about changes:

Part 2 was supplemented by paragraph 12 from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

12) termination of the obligations of the borrower - an individual to the creditor-mortgagor in accordance with paragraph 5 of Article 61 of the Federal Law of July 16, 1998 N 102-FZ "On Mortgage (Pledge of Real Estate)" (hereinafter referred to as the Federal Law "On Mortgage (Pledge of Real Estate) ").