Enforcement proceedings. Basics
Date:09.07.2020

In practice, obtaining a court decision does not always mean “victory” in a dispute. Sometimes it is possible to restore a violated right only by lawfully forcing the party to fulfill the obligation, and this can be done with the help of the FSSP (Federal Bailiff Service). The process of forced execution of a court decision is enforcement proceedings, and it consists of several stages.
1. Initiation of enforcement proceedings
The parties receive from the court an enforcement document, which is in the form of a writ of execution  or a court order.

First, the possibility of voluntarily executing the court decision is analyzed. In case of refusal, the bailiffs begin to search for the property belonging to the debtor for subsequent sale, collection. Based on the act adopted by the judicial authority, the debtor is obliged to perform specific actions, for example, to pay off the debt.

Within three working days after receiving the writ of execution, the bailiff initiates enforcement proceedings. They last two months, with the exception of a number of cases.
2. Compulsory enforcement
Depending on the identified property or the task set, the bailiff carries out foreclosure on property or funds.
3. Completion of enforcement proceedings
During this stage, a decision is made to terminate enforcement actions, to end them, or to return the documents on the case to the claimant. By virtue of Art. 43 FZ No. 229, enforcement proceedings may be terminated by virtue of actual execution, return of the enforcement document, recognition of the debtor as bankrupt, complete liquidation of the debtor (exclusion from the Unified State Register of Legal Entities) and other grounds.

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