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Amendments to the Federal law “On Execution procedure”

The Federal law No. 340-FZ “On amendments to the Federal law “On Execution procedure” and related legislative acts of the Russian Federation” embodies the new authority of bailiffs.

A bailiff may impose temporary restrictions on debtor’s special rights in case of debtor’s non-performance under execution writ.

Who may initiate the restrictions?

1.    Bailiff;
2.    Creditor.

What instrument implements the restrictions?

1.    The order of a bailiff;
2.    Judicial act (if the original claim is based on non-judicial document).

What kind of special right can be restricted?

The right to operate any kind of transport (land based, waterborne or aerial).

Which claim can be supported by such restrictions?

1.    Recovery of alimony
2.    Compensation of damages inflicted to health
3.    Compensation of damages in connection with the loss of a breadwinner
4.    Property damage or moral damage that arose out of a crime
5.    Non-property claims regarding child-rearing
6.    Exaction of an penalty for violation of special right execution

Are there any cases that do not allow temporary restrictions?

1.    The restriction would deprive a debtor of earning its living
2.    The restriction would deprive a debtor or its family of the only possibility to move, in case of the limited transport infrastructure at their domicile
3.    The debtor or its dependent are using their special right in connection with disabilities (a person is to be recognized as a disabled under the law of the Russian Federation)
4.    The amount of debt is less than 10 000 rubles
5.    A debtor enjoys the right to pay debt by installments or extension on debt repayment

What are consequences of disobedience to restrictions?

The Russian code on administrative offence has also been amended. The article 17.17 stipulates the following consequences for disregarding temporary restrictions:

1.    Up to fifty hours of compulsory labor
2.    Termination of a special right for terms up to one year

When the amendments come in force?

The Federal law comes in force on  January 1, 2016.

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