Bailiffs executive fee. Arbitration Court of the Udmurt Republic

Not only court costs threaten the debtor in litigation, but also performance fee. From the name it is obvious that this is a type of payment for. But not any, but only by force. And in the presence of a writ of execution, voluntary satisfaction of the requirements of the winning party will avoid paying a performance fee.

The establishment of such a fee is connected with the desire of the state to reduce the cost of maintaining the apparatus of bailiffs. And to help ensure that the debtor satisfies the claimant's requirements promptly.

When the debtor is required to pay a performance fee

Evidence of the existence of grounds for deferment, installment payment of the fee is provided with information about the difficult financial situation. The degree of guilt in non-compliance with the requirements also matters. In any case, the court will reduce the fee by no more than 25%.

The debtor can provide evidence of the absence of guilt in the failure to fulfill obligations under the executive document (this is the only basis for exemption from paying the fee). Such rules are contained in paragraph 74 of the Resolution of the Plenum of the RF Armed Forces dated November 17, 2015 No. 50.

After accepting the claim for proceedings, the court will suspend the collection of the performance fee until a decision is made.

Interesting from the point of view of practice is the issue of recovery of court costs with the participation of a representative in the case. And if you remember, only a person with a higher legal education can be a representative in administrative claims. Resolution of the Plenum of the Supreme Court of the Pension Fund of January 21, 2016 No. 1 (on reimbursement of costs associated with the consideration of the case) establishes the rule. The costs are not shared between the parties, if the dispute is not related to the violation or contestation of the plaintiff's rights. And only the court can reduce or exempt from the fee according to the law. The bailiff does not have such a right. Therefore, it will be difficult to recover court costs in cases related to the performance fee (except for recognizing its appointment as illegal).

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The enforcement fee is a monetary penalty that is imposed on the debtor if he has not paid the debt. You should be aware of the specifics of collecting a performance fee.

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If you are faced with the issue of debt collection, then you should also be aware of such a concept as a performance fee, since these are additional monetary costs that may come as a surprise.

In this article, we will describe in more detail all the main aspects of this issue, as well as some of the nuances that will help save a certain amount of funds.

What it is

What is a performance fee and what should a debtor expect? This concept means a monetary penalty that is imposed on the debtor in the event that he did not comply with the court order to repay the debt.

If, after the adoption of a court decision, a citizen does not transfer the amount of debt to the creditor, then he must pay a performance fee for this.

These funds go to the federal budget. This is a kind of punishment for non-compliance with a court order.

Basic concepts

An enforcement fee is a fine imposed by a court on debtors who have not voluntarily complied with a judgment within a specified period. In a situation of non-compliance with the requirements of the executive document, which is subject to execution.

There are certain terms in which the debtor is obliged to pay the debt and, if he does everything on time, then the performance fee is not charged from him.

The provided executive document will indicate the period for which the debt must be repaid.

There is such a thing as the immediate execution of a performance document, which must occur within a day after receiving the paper.

The execution fee is equal to 7% of the amount owed or of the value of the property that is collected on account of the debt.

But this cannot be an amount less than one thousand rubles from a debtor-citizen or private entrepreneur.

If the debtor is an organization, then the amount of the performance fee cannot be less than 10 thousand rubles. There is such a thing as non-fulfillment of a non-property executive document.

These are papers that indicate that the debtor is obliged to perform some actions, but they are not related to the reimbursement of money or property.

In this case, the performance fee is 5,000 rubles for a debtor-citizen and a private entrepreneur, and 50,000 rubles for a debtor organization.

Conditions for reimbursement

In what cases is a performance fee charged and how does this procedure take place:

The voluntary term for the fulfillment of obligations to the borrower is five days from the date of receipt by the debtor of the notification of the commencement of enforcement proceedings.

This period includes business days only. This rule is valid on the condition that the executive document entered the bailiff service for the first time.

The debtor is obliged to provide a document that confirms the fact that he took measures to comply with the judgment.

It could be:

The legislative framework

The above information is enshrined in the Federal Law "On Enforcement Proceedings". This topic is regulated by chapter 15 and articles that contain the following points on this issue:

Resolution on the collection of the performance fee

The decision to collect the performance fee, what does it mean? This is an executive document that must meet certain requirements for this type of document.

If the debtor has not complied with the instructions specified in the executive document, the deadline has expired or he has not provided evidence that it is impossible to fulfill the requirements, then soon he will receive a notification about the start of enforcement proceedings.

The courts conduct diligent checks regarding notices to borrowers. The bailiff should control the process of responsible and accurate informing.

Who approves

The decision to impose a fine for non-compliance with the actions specified in the executive document is taken by the bailiff. This is stated in Article 112 paragraph two of the Federal Law "On Enforcement Proceedings".

There is such a thing as a delay or installment plan for the fulfillment of the requirements specified in the judicial act.

Video: How to challenge fines and performance fees

As for this action in the arbitration court, this issue is regulated by the Arbitration Procedure Code of the Russian Federation.

If this case is considered by courts of general jurisdiction, then in article 201 of the Civil Procedure Code Russian Federation this issue is being considered.

Voluntary fulfillment of requirements

The easiest way for a debtor to repay a loan is to repay it on time. In this case, you will not have to collect money in a short time or pay a “penalty” in the form of a performance fee.

If the monetary debt is not paid, then the bailiff will begin to search for property that can be transferred to pay off it.

If the citizen still managed to collect the necessary amount and transferred it to the borrower, then he must receive a paper from him, which confirms the fact of the provision of funds. After that, the paper must be shown to the authorized body of bailiffs.

After the withdrawal of the writ of execution

There is a possibility of revocation (cancellation) of the writ of execution and this occurs in such cases:

• at the request of the claimant;
• if it is not possible to obtain any information about the debtor's funds or property;
• due to the lack of property that can be collected on account of the debt;
• if the claimant renounced the debtor's property;
• if the borrower interferes with the execution of the executive document;
• if the debtor is not a citizen of the Russian Federation or does not have citizenship at all and at the same time he is expelled from the Russian Federation.

Drawing up a complaint (sample)

How to appeal the actions of an authorized person? In order for a complaint against a bailiff to be accepted, it is necessary to follow the rules for filling it out and indicate the following data:

• the name of the organization to which the paper is submitted;
• Full name of the applicant or the name of the company, as well as contact details (place of residence of a citizen or address of the organization);
• Full name of the authorized employee and his position;
• a detailed reason for challenging the actions of an authorized person;
• requirements in relation to the culprit;
• indicate the legislative basis for filing an application, i.e., clarify which specific norms were violated and support this with extracts from government decrees.

How to reduce the amount

The amount of the fee may be reduced by the bailiff, the executor, who issued a decision on the collection of the performance fee and in the court order.

If the debtor complied with the court decision in part before the initiation of enforcement proceedings or during the period for the voluntary fulfillment of requests specified in the executive document.

In such a situation, the following procedure applies:

statute of limitations

There is no statutory limitation period for enforcement fees. On the one hand, you can use the general term for these cases - three years, but on the other hand.

The decision of the Constitutional Court of 30.07.01 recognized that the performance fee is characterized by signs of administrative sanctions.

This means that an administrative penalty is not carried out in those situations if the document was not enforced within 2 years from the date of entry into force.

Respectful Release Cases

The performance fee may not be assigned if the debtor voluntarily complied with the requirements within a certain time frame.

This applies only to those judgments that came first to the bailiffs.

By law, the writ of execution will be returned to the creditor if the debtor does not physically have property that can be recovered.

Also, the enforcement fee is not charged in the following cases:

• force majeure;
• when granting a deferment.

Is it possible to receive a refund after the end of production?

Alexey Dudin

What is a performance fee, where does it come from and how much is it?

Many debtors are interested in what a performance fee is, where it comes from and what is its size. Let's deal with these questions together.

According to the rule established by paragraph 11 of Article 30 of the Federal Law “On Enforcement Proceedings”, if a writ of execution (for example, a court order or writ of execution) first entered the bailiff service, then the bailiff sets the debtor a deadline for the voluntary execution of the requirements contained in the writ of execution .

This period is indicated by the bailiff in the decision to initiate enforcement proceedings and is five days (from the date the debtor receives the decision).

If, within the period set by the bailiff for voluntary execution, the debtor does not pay off the debt due to him, then the servant of Themis is forced to begin the procedure for the enforcement of the requirements of the executive document, spending his time and energy on this.

The execution fee, in accordance with the provisions of paragraph 1 of Article 112 of the Federal Law "On Enforcement Proceedings", is a monetary penalty imposed on the debtor in the event of his failure to execute the executive document within the time period established for the voluntary execution of the executive document, as well as in the event of his failure to execute the executive document subject to immediate execution, within 24 hours from the date of receipt of a copy of the decision of the bailiff to initiate enforcement proceedings. The performance fee is credited to the federal budget.

On the possibility of a procedure for the enforcement of debt collection (if it is not repaid within the time period established for voluntary execution), as well as on the collection of a performance fee and expenses for performing performance actions (expenses for searching for a debtor and his property; expenses for transportation, storage and sale of the debtor's property etc.) the debtor is informed by the bailiff in the text of the decision to initiate enforcement proceedings.

In accordance with the provisions of paragraph 1 of Article 112 of the Federal Law “On Enforcement Proceedings”, the enforcement fee is set at 7% of the amount to be collected or the value of the recoverable property, but not less than 1,000 rubles from a debtor-citizen or a debtor-individual entrepreneur and 10,000 rubles from a debtor -organizations. In the event of non-execution of a non-property executive document, the performance fee from the debtor-citizen or debtor-individual entrepreneur is set at 5,000 rubles, from the debtor-organization - 50,000 rubles.

In situations where there are several debtors liable jointly to one claimant (for example, as is the case with a debtor and a guarantor liable to a bank), the enforcement fee is set from each of the debtors in the amount of 7% of the amount to be collected or the value of the property to be recovered , but not less than 1,000 thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and 10,000 rubles from a debtor-organization. The performance fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

According to the provisions of paragraph 2 of Article 112 of the Federal Law "On Enforcement Proceedings", the enforcement fee is established by the bailiff-executor after the expiration of the period established by the debtor for the voluntary execution of the requirements of the executive document, if the debtor did not provide the bailiff-executor with evidence that the execution was impossible due to irresistible force, that is, extraordinary and unavoidable circumstances under the given conditions. The decision of the bailiff-performer on the collection of the performance fee is approved by the senior bailiff.

In the event that a performance fee is imposed in the process of executing a writ of execution, then the corresponding decision of the bailiff (on the performance fee) is subject to execution without initiating a separate enforcement proceeding until the end of the enforcement proceedings during which it was issued. Such a rule is enshrined in paragraph 15 of Article 30 of the Federal Law "On Enforcement Proceedings".

In the same case, if the collection of the enforcement fee was not carried out during the main enforcement proceedings (within which the debt to the collector was collected), then the bailiff, in accordance with the provisions of paragraph 16 of Article 30 of the Federal Law "On Enforcement Proceedings", initiates (after the end of the main enforcement proceedings) separate enforcement proceedings on issued and unexecuted orders to recover from the debtor the costs of enforcement actions and enforcement fees.

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(approved by the FSSP of the Russian Federation of 07/08/2014 N 0001/16)

Edition of 05/11/2016 - Valid from 05/11/2016

FEDERAL BAILIFF SERVICE

July 8, 2014 N 0001/16

APPROVE
Director of the Federal
bailiff services -
chief bailiff
Russian Federation
A.O. PARFENCHIKOV
June 7, 2014

GUIDELINES
ABOUT THE PROCEDURE FOR RECOVERY OF THE EXECUTION FEE

Section I. General Provisions (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

These Guidelines have been developed in accordance with the provisions of the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of the Russian Federation on administrative offenses, the Budget Code of the Russian Federation, the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" (hereinafter referred to as the Law), the Federal Law of 26.10.2002 N 127-FZ "On Insolvency (Bankruptcy)", the Federal Law of 08.05. 2010 N 83-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions", Federal Law of 03.11.2006 N 174-FZ "On autonomous institutions", taking into account the Resolution of the Constitutional Court of the Russian Federation dated July 30, 2001 N 13-P "On the case of checking the constitutionality of the provisions of subparagraph 7 of paragraph 1 of Article 7, paragraph 1 of Article 81 of the Federal Law "On Enforcement Proceedings" in connection with requests from the Arbitration Court of the Voronezh Region, the Arbitration Court of the Saratov Region and an open complaint joint-stock company "Razrez" Izykhsky", judicial practice developing in the constituent entities of the Russian Federation, and decisions of the highest courts of the Russian Federation and are aimed at ensuring a uniform law enforcement practice for the collection of a performance fee.

II. Grounds and conditions for making a decision on issuing a resolution on the collection of a performance fee

2.1. Grounds for issuing a decision to collect a performance fee

The performance fee is a punitive sanction, that is, imposing on the debtor the obligation to make a certain additional payment as a measure of his public liability arising in connection with the offense committed by him in the process of enforcement proceedings<1>.

<1>Decree of the Constitutional Court of the Russian Federation of July 30, 2001 N 13-P "On the case of checking the constitutionality of the provisions of subparagraph 7 of paragraph 1 of Article 7, paragraph 1 of Article 81 of the Federal Law "On Enforcement Proceedings" in connection with requests from the Arbitration Court of the Voronezh Region, the Arbitration Court of the Saratov Region region and the complaint of the open joint-stock company "Razrez" Izykhsky ".

The decision to collect the enforcement fee is issued in the event that the debtor fails to fulfill the requirements of the executive document within the time period established by the bailiff for voluntary execution, as well as the debtor's failure to fulfill the requirements of the executive document, subject to immediate execution, within a day from the date of receipt of a copy of the decision of the bailiff on initiation of enforcement proceedings.

In this case, a prerequisite is the notification of the debtor in the prescribed manner about the initiation of enforcement proceedings against him. Documents confirming the fact of notification shall be attached to the materials of enforcement proceedings.

Expiration of the period established by the debtor for the voluntary fulfillment of the requirements of the executive document;

Documentary confirmation of the fact that the debtor received a decision to initiate enforcement proceedings or refused to receive it;

The requirements of the executive document are not fulfilled by the debtor;

The debtor has not presented evidence that the performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions;

2.2. List of cases in which the performance fee is not recoverable

Upon re-presentation for execution of a writ of execution, according to which the decision of the bailiff-executor on the recovery of the performance fee was issued and not canceled;

By order of the bailiff-performer on the recovery of expenses for the commission of enforcement actions and the performance fee imposed by the bailiff-executor in the process of execution of the executive document;

By judicial acts on interim measures;

According to executive documents containing requirements for the forced expulsion of foreign citizens or stateless persons from the Russian Federation;

According to executive documents containing requirements for serving compulsory work;

This list is exhaustive.

2.3. The term established by the bailiff-executor to the debtor for the voluntary execution of the requirements of the executive document

2.3.1. Deadline for voluntary execution:

1. By general rules in accordance with part 12 of Article 30 of the Law is five days from the date of receipt of the decision (copy) to initiate enforcement proceedings.

In this case, the establishment of a calendar date in the resolution on the initiation of enforcement proceedings is not allowed.

Thus, the resolution on initiating enforcement proceedings should indicate: "to set a time limit for the voluntary fulfillment of the requirements of the executive document - five days from the date of receipt (proper notification) of this resolution."

2. The item is excluded. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

2.3.2. In accordance with part 14 of article 30 of the Law, no time period is established for the voluntary execution of an enforcement document in cases of initiation of enforcement proceedings:

after the end of the main enforcement proceedings on the issued and unexecuted orders of the bailiff to recover from the debtor the costs of performing enforcement actions and the performance fee imposed by the bailiff in the process of executing the executive document;

Upon subsequent presentation of the executive document;

According to the executive document on confiscation of property;

According to the executive document on serving compulsory work;

According to the executive document subject to immediate execution;

According to the executive document on the forced expulsion of a foreign citizen or stateless person from the Russian Federation;

At the request of the central authority to search for the child.

2.3.3. In accordance with paragraphs, Article 16 of the Law, a period calculated in days ends on the last day of the established period, the action for which the period is established can be performed up to twenty-four hours last day the established period.

The grounds for issuing a ruling on the collection of a performance fee (if there are other conditions for its issuance) arises strictly on the day following the expiration date for the voluntary execution of the requirements of the executive document established by the bailiff or executive document, with the exception of executive documents subject to immediate execution.

For executive documents subject to immediate execution, such a basis is the debtor's failure to fulfill the requirements of the executive document within a day from the date of receipt of the resolution (copy) on initiating enforcement proceedings.

In addition, it must be taken into account that the terms calculated in days do not include weekends. In this regard, if the last day of the term falls on a non-working day, the expiration date of the voluntary performance period is the first working day following it.

2.4. Notification of the debtor about the initiation of enforcement proceedings

2.4.1. Notification of the debtor about the initiation of enforcement proceedings against him is the main evidence of his guilt in non-fulfillment of the requirements of the executive document, including on a voluntary basis, and the basis for the application of a penalty - the collection of a performance fee.

In the decision to initiate enforcement proceedings, the bailiff warns the debtor that in case of failure to fulfill the requirements of the executive document within the time period provided for voluntary execution, and failure to provide evidence within the same period that execution was impossible due to extraordinary and unavoidable circumstances, with he will be charged a performance fee indicating the amount of the fee.

In addition, in the decision to initiate enforcement proceedings, it is advisable to warn debtors about the need to notify the bailiff about appeals to the court with applications for the suspension of enforcement proceedings, deferral or installment plan of the execution of a court decision, appeal against a judicial act, on the basis of which a writ of execution was issued and an executive order was initiated. proceedings and other circumstances relevant for the purposes of enforcement proceedings.

Sending the debtor a decision to initiate enforcement proceedings, as well as notifying him of the initiation of enforcement proceedings and setting a deadline for voluntary execution is carried out in the manner and according to the rules established by Article 24 of the Law.

The resolution on the initiation of enforcement proceedings may be sent to the debtor by mail with a return receipt, telephone message, telegram, using electronic, other types of communication and delivery, or by a person who, with his consent, the bailiff instructs to deliver them.

The resolution on the initiation of enforcement proceedings is sent to the addresses indicated in the executive document.

To a different address (including e-mail) or in another way, the decision to initiate enforcement proceedings is sent if there is a corresponding application from the debtor (filed in other previously initiated enforcement proceedings).

The resolution on the initiation of enforcement proceedings may be delivered to the debtor by the recoverer or other person to whom the bailiff-executor, with his consent, is entrusted with the delivery of the resolution.

In the event that the decision to initiate enforcement proceedings is not received by the debtor when sending (delivering) in the indicated ways (for example, the debtor did not appear for receipt, the organization is absent, etc.), the debtor is considered to be duly notified, but the bailiff takes measures to notify the debtor at other addresses (according to the information of the recoverer, data from the Unified State Register of Legal Entities, Unified State Register of Legal Entities, the Federal Migration Service of Russia, etc.) or in other ways (re-sending by ordinary mail, SMS notification, automatic dialing, telephone message, telegram, using electronic, other types of communication and delivery).

2.4.2. The resolution on the initiation of enforcement proceedings is sent to the debtor by registered mail with a return postal notification of the delivery of the postal item. Information about the contents of the envelope is indicated on the envelope and the return mail notice: "Decree on the initiation of enforcement proceedings N ... dated ...". In addition, it is recommended to send the decision to initiate enforcement proceedings with a list of attachments of documents. The presence in the materials of enforcement proceedings of only a postal item is insufficient evidence of proper notification of the debtor.

In order to secure the fact of proper notification of the debtor by facsimile, the bailiff must verify whether the subscriber of this facsimile number is the debtor for enforcement proceedings; find out the position, last name, first name, patronymic, as well as the authority of the person receiving the document, whether the document was received, whether the text of the document is readable, and also offer to read aloud part of it, for example, the title of the resolution and the first paragraph of the staging part.

Based on the results, it is advisable to draw up an act on the transmission of a fax message, which is attached to the materials of enforcement proceedings.

When handing over the decision to initiate enforcement proceedings to the debtor's representative by courier, it is necessary to make sure that this representative is endowed with the appropriate authority (the right to receive correspondence, the right to represent the interests of the debtor in enforcement proceedings). Copies of documents defining the powers of the relevant persons, as well as a receipt for the receipt of the decision, are attached to the materials of the enforcement proceedings.

An order to initiate enforcement proceedings, signed with an enhanced qualified electronic signature of an official of the Federal Bailiff Service of Russia, or an unsigned copy of the decision is sent to the debtor's e-mail address, provided that it is sent in paper form in the prescribed manner.

If necessary, if the court requires confirmation of the fact of notifying the debtor of the initiation of enforcement proceedings and setting a deadline for voluntary execution by means of automatic phone calls and SMS notifications, the bailiff requests a confirmation certificate from the organization with which the FSSP of Russia, its territorial body has concluded an agreement on provision of the relevant service.

2.5. Determining the reasons for non-fulfillment of the requirements of the executive document within the time period established for voluntary execution

These circumstances include:

force majeure (if the voluntary performance was prevented by an extraordinary and unavoidable circumstance);

providing the debtor with a delay, installment plan for the execution of the requirements of the executive document.

The day of termination of the specified causes of non-performance is considered as the beginning of the period provided by the bailiff-performer for voluntary execution, after which it is possible to collect a performance fee.

In this regard, the decision to initiate enforcement proceedings indicates that the failure to provide the bailiff-executor with evidence of the impossibility of fulfilling the requirements of the executive document due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions, within the period established for voluntary execution is regarded as the absence of such circumstances and is one of the grounds for collecting the performance fee.

In the event that a bailiff seizes the debtor's funds on his own initiative or on the basis of the claimant's statement before the expiration of the period established for the debtor for voluntary execution, the debtor's lack of other funds should be taken into account as a reason for the impossibility of fulfilling the requirements of the executive document within the prescribed period (in full or in part of the debt)<1>.

<1>Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 07/06/2010 N 2021/10, adopted as a result of consideration of the application to recognize the decision of the bailiff on the collection of the performance fee as invalid.

Thus, if the funds seized on the debtor's account are sufficient to fully repay the debt, a decision to collect a performance fee from the debtor is not issued. In case of insufficient funds to fully repay the debt, if conditions arise for the collection of a performance fee, the performance fee is collected from the remaining part of the debt.

Upon receipt from the debtor of an application for an extension of the period for voluntary execution due to the impossibility of fulfilling the requirements of the executive document within the prescribed period due to force majeure, the presence of emergency and unavoidable circumstances, as well as providing evidence of the adoption of measures aimed at fulfilling the requirements of the executive document, the bailiff the executor, in accordance with Article 64.1 of the Law, considers such an application and the evidence presented, evaluates the arguments and evidence presented.

When satisfying the debtor's application, the bailiff shall issue a reasoned decision to satisfy the application and oblige the debtor to fulfill the requirements of the executive document after eliminating the causes and circumstances of the impossibility of their execution.

If the debtor refuses to recognize the evidence presented by him as valid, the bailiff shall issue a reasoned decision indicating the reasons for the refusal to extend the period for voluntary execution or reflect this in the decision to collect the enforcement fee.

III. Resolution on the collection of the performance fee

3.1. Requirements for a resolution on the collection of a performance fee

The decision of the bailiff-executor or the head of the enforcement group on the collection of the enforcement fee is an executive document and must comply with the requirements for executive documents established by Article 14 of the Law, approved by the senior bailiff and certified by the seal of the structural unit of the territorial body of the FSSP of Russia.

The reasoning part of the decision shall indicate the date of receipt by the debtor of the decision to initiate enforcement proceedings or refusal to receive it, the fact of the expiration of the voluntary execution period, the debtor's failure to comply with the requirements of the executive document, other relevant circumstances, as well as the debtor's failure to provide evidence of extraordinary and unavoidable circumstances under these conditions, or refusal to recognize the evidence presented as such.

The decision to collect the performance fee may be challenged in court within 10 days from the date the debtor receives this decision, which should also be indicated in the decision itself.

At the same time, the possibility of challenging such a decision does not exclude the collection of a performance fee within the specified ten-day period if the bailiff does not have information about the acceptance by the court of an application or claim for consideration on the grounds specified in part 6 of Article 112 of the Law. In this case, the enforcement fee may be collected before the expiration of the ten-day period given to the debtor to challenge the decision to collect the enforcement fee.

If the court accepts an application to challenge the decision of the bailiff on the collection of the performance fee, the claim for deferral or installment of its collection, to reduce its size or exemption from the collection of the performance fee, in accordance with clause 6 of part 1 of Article 40, part 8 of Article 112 of the Law, the collection of the performance fee is subject to suspension by the bailiff until the court issues the relevant judicial act.

3.2. The procedure for the execution of a resolution on the collection of a performance fee and the timing of its presentation for enforcement

The decision to collect the enforcement fee is sent (delivered) to the debtor or his representative in the manner similar to the procedure for sending (delivering) the decision to initiate enforcement proceedings.

After the bailiff-performer issues a decision to collect the performance fee, it acquires the status of an independent executive document and is subject to enforcement.

As part of the main enforcement proceedings, such a decision is executed in the general manner prescribed by the Law.

If the enforcement fee is not collected as part of the main enforcement proceedings, after its completion, the bailiff or the head of the compulsory enforcement group initiates enforcement proceedings on an unfulfilled or partially unfulfilled decision to recover the enforcement fee from the debtor in the following cases:

1) At the end of the main enforcement proceedings on the grounds:

actual fulfillment of the requirements contained in the executive document (paragraphs, parts 1 of article 47 and paragraph 1 of part 15 of article 103 of the Law);

return to the recoverer of the writ of execution in accordance with paragraph 3 of part 1 of article 47 of the Law in conjunction with the grounds provided for in paragraphs,,, part 1 of article 46 of the Law (when the writ of execution is returned to the recoverer at his request, and also if it is impossible to fulfill the obliging debtor to perform certain actions ( refrain from performing certain actions) an executive document, the possibility of execution of which is not lost, if the recoverer refused to retain the debtor's property, which was not forcibly sold during the execution of the executive document, if the recoverer by his actions prevents the execution of the executive document);

sending a copy of the executive document to the organization to withhold periodic payments established by the executive document (clause 8 of part 1 of article 47 of the Law);

expiration of the limitation period for the execution of a judicial act, act of another body or official in a case of an administrative offense (clause 9 of part 1 of Article 47 of the Law).

2) Upon termination of the main enforcement proceedings on the grounds:

death of the claimant-citizen, declaration of his death or recognition as missing, if the requirements or obligations established by a judicial act, act of another body or official cannot be transferred to the successor and cannot be implemented by the trustee, the appointed body of guardianship and guardianship (clause 1 of part 1 and paragraph 1 of part 2 of Article 43 of the Law);

loss of the possibility of executing a writ of execution obliging the debtor to perform certain actions (refrain from performing certain actions), if the possibility of execution is lost after the expiration of the period for voluntary execution (paragraph 2 of part 1 and paragraph 1 of part 2 of Article 43 of the Law);

refusal of the recoverer to receive the thing seized from the debtor during the execution of the enforcement document containing the requirement to transfer it to the recoverer (clause 3 of part 1 and clause 1 of part 2 of article 43 of the Law);

adoption by the court of an act on the termination of the execution of the executive document issued by it in other cases when the federal law provides for the termination of enforcement proceedings (clause 4 of part 1 and clause 1 of part 2 of article 43 of the Law);

approval by the court of a settlement agreement, an agreement on reconciliation between the recoverer and the debtor (paragraph 3 of part 2 of Article 43 of the Law); (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, act of another body or official in a case of an administrative offense by a court, other body or official that issued the enforcement document (paragraph 6 of part 2 of Article 43 of the Law);

replacement of punishment in the form of a fine for a crime committed by another type of punishment (paragraph 2 of part 14 of Article 103 of the Law).

The resolution on the initiation of such enforcement proceedings is sent together with the resolution on the completion of the main enforcement proceedings to the debtor.

By analogy with the specified norms of the law, the restrictions established for the debtor in the framework of the main enforcement proceedings may be maintained by the bailiff at the end of the main enforcement proceedings on the basis of paragraph 1 of part 15 of article 103 of the Law (in connection with the payment of a fine in full) and on on the basis of paragraph 2 of part 14 of article 103 of the Law (in connection with the replacement of a penalty in the form of a fine with another type of punishment).

2) in accordance with paragraph 2 of Article 44 of the Law in the event of termination of the main enforcement proceedings:

Simultaneous initiation of enforcement proceedings on the basis of a resolution on the collection of a performance fee seems inappropriate in the following cases:

1) the end of enforcement proceedings under paragraph 3 of part 1 of Article 47 of the Law in connection with the return to the recoverer of the enforcement document in conjunction with the grounds established by paragraph 7 of part 1 of Article 46 of the Law (if the debtor who did not pay the administrative fine is a citizen of a foreign state or a person without citizenship and expelled from the Russian Federation on the basis of a judicial act);

2) termination of enforcement proceedings under paragraph 7 of part 2 of article 43 of the Law (making an entry on the exclusion of a legal entity (collector-organization or debtor-organization) from the unified state register of legal entities).

Since the performance fee is a punitive sanction, the obligation to pay it cannot be assigned to another individual by succession. In this regard, in the event of termination of the main enforcement proceedings due to the death of the debtor - individual(on the basis of point 1 of part 1 and point 6 of part 2 of article 43, point 1 of part 14 of article 103 of the Law) enforcement proceedings are not initiated on the basis of a decision to collect a performance fee.

Resumption (cancellation of the resolution on the termination of the enforcement proceedings on the collection of the performance fee) or the initiation of enforcement proceedings on an unexecuted in full or in part resolution on the recovery of the performance fee from the debtor (if a separate enforcement proceeding on the recovery of the performance fee has not been previously initiated) is carried out in the following cases:

re-presentation by the recoverer to the structural subdivision of the territorial body of the FSSP of Russia of the main executive document, on which enforcement proceedings were previously conducted;

resumption of the main enforcement proceedings at the request of the recoverer or the initiative of the bailiff-executor in case of cancellation of the judicial act that became the basis for the termination of the enforcement proceedings, or a change in the circumstances that served as the basis for the termination of the enforcement proceedings (part 3 of article 43 of the Law);

receipt of information about a change in the property status of the debtor.

At the same time, the period for presenting a resolution on the collection of a performance fee for compulsory execution - 2 years - at the time of the re-initiation of enforcement proceedings should not expire.

The performance fee has signs of an administrative penalty<1>, in connection with which, in order to ensure the legal certainty of the performance fee in the relationship between the debtor and the recoverer<2>the limitation period for collecting the performance fee and the period for presenting for execution the decision to collect it must be calculated based on the provisions of part 7 of article 21 of the Law and parts, article 31.9 of the Code of Administrative Offenses of the Russian Federation.

<1>Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 07/14/2009 on the application of OJSC "Kamsky Press and Frame Plant" to recognize as illegal the decision of the bailiff to initiate enforcement proceedings on the basis of the decision to collect the enforcement fee.

<2>In this case, the FSSP of Russia acts as the main administrator of income federal budget for collection of the performance fee.

The enforcement fee is subject to collection after the full repayment of the debt on the executive document or on all executive documents combined into a consolidated enforcement proceeding.

The term for presenting a resolution not executed within the framework of the main enforcement proceedings on the collection of a performance fee is calculated from the moment the main enforcement proceedings are completed, if such a resolution has not previously been presented for enforcement as an independent executive document.<1>.

<1>Decree of the Federal Antimonopoly Service of the Moscow District dated November 26, 2009 N KA-A40-8196-09 in the case on the application of LLC "MIR Company" on the recognition of illegal actions of the bailiff-executor, expressed in the issuance of a decision on the collection of a performance fee, as well as similar court decisions in other federal districts of the Russian Federation.

Thus, the period during which enforcement proceedings may be initiated for the purpose of executing the decision of the bailiff on the collection of the performance fee should not exceed two years from the date when the main enforcement proceedings for monetary recovery were completed or from the date of the decision to collect the performance fee. fee for non-fulfillment of non-monetary claims of a property nature and claims of a non-property nature.

At the same time, the termination of the enforcement proceedings on the collection of the performance fee on the basis of clause 9 of part 1 of Article 47 of the Law in connection with the expiration of the limitation period for its execution is unacceptable, since this rule contains a direct reference to the act in the case of an administrative offense.

Enforcement proceedings initiated on the basis of resolutions on the collection of a performance fee and included in the consolidated enforcement proceedings, which also includes enforcement proceedings, for which the court has granted an installment plan for the execution of the requirements of executive documents, are subject to execution in the manner prescribed by law. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

In the event that the debtor is released from paying the performance fee within the framework of the enforcement proceedings initiated on the basis of the decision to collect the performance fee, the senior bailiff, on the basis of the judicial act on the debtor's release from the payment of the performance fee, issues an order to cancel the decision to collect the performance fee, and the enforcement proceedings are subject to termination in accordance with paragraph 5 of part 2 of Article 43 of the Law. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

IV. Executive fee

4.1. The amount of the performance fee

in the amount of five thousand rubles from a debtor-citizen or a debtor-individual entrepreneur, fifty thousand rubles from a debtor-organization in case of non-execution of a non-property executive document;

when calculating a debt in foreign currency, the bailiff or the head of the enforcement group sets the amount of the execution fee in rubles in the amount calculated on the basis of the official foreign exchange rate established by the Bank of Russia on the day the decision to collect the enforcement fee is issued<1>.

<1>Resolution of the Supreme Arbitration Court of the Russian Federation of May 25, 2010 N 2375/10 in case N A40-59549 / 08-145-546 on the recognition of illegal decisions on the collection of performance fees when collecting debt in foreign currency.

4.2. Features of the calculation and calculation of the performance fee

4.2.1. In the event that the debtor fulfills the requirements of executive documents partially before the initiation of enforcement proceedings or partially within the period established for voluntary execution, the amount of the enforcement fee is calculated from the amount to be actually collected on the day following the expiration of the period for voluntary execution, that is, from the remainder of the unpaid amount debt.

If, after the issuance of a bailiff-executor of the decision to collect the performance fee by the debtor or other persons, evidence of voluntary repayment of a part of the debt within the period established by the bailiff-executor is submitted, this decision is subject to change in terms of reducing the amount of the performance fee to be recovered. The decision to amend the decision to collect the performance fee is approved by the senior bailiff.

The documents submitted by the debtor, confirming the partial fulfillment of the requirements of the enforcement document, are attached to the materials of enforcement proceedings.

4.2.2. When calculating the performance fee on executive documents on the transfer from the debtor to the recoverer of the property awarded to him, the bailiff in practice must use the following information.

<1>Determination of the Supreme Arbitration Court of the Russian Federation dated March 17, 2009 N 2914/09 in case N A60-11109/2008-C5 to invalidate the decision of the bailiff on the recovery of the performance fee.

At the same time, in accordance with Part 1 of Article 174 of the Arbitration Procedure Code of the Russian Federation, when making a decision obliging the defendant to take certain actions not related to the recovery of funds or the transfer of property, the arbitration court in the operative part of the decision indicates the person obliged to take actions, themselves actions or a ban on the commission of actions, as well as the place and term of the actions. The relevant provisions are enshrined in Article 206 of the Civil Procedure Code of the Russian Federation.

Thus, claims related to the transfer of property cannot be non-property, and the value of the awarded property must be indicated in court decisions.

In this regard, the bailiff or the head of the enforcement group calculates the amount of the enforcement fee based on the value of the property to be transferred.

The bailiff is not entitled to independently involve a specialist appraiser in the enforcement proceedings to determine the value of the transferred property, since by virtue of the Law, property valuation in the execution of executive documents on the obligation of the debtor to transfer the awarded property to the recoverer is not provided.

If there is no value of the property to be transferred in the executive document, the bailiff applies to the court for clarification of the provisions of the executive document in terms of determining the value of the property.

If the court refuses to provide this explanation due to objective circumstances or clarifies that the transferred property is not subject to valuation, the amount of the enforcement fee is set in the amount provided for by the Law in case of non-fulfillment of non-property requirements.

4.2.3. When fulfilling the requirements of an executive document that combines actions of both property and non-property nature, the final amount of the performance fee will consist of the amount for non-fulfillment of the property part of the executive document and the non-property part of the executive document.

In this case, the resolution on the collection of the performance fee must indicate all the claims made to the debtor, including the amount of the performance fee for each of them, as well as the total amount.

4.2.4. In accordance with the Law, the enforcement fee for enforcement proceedings for the recovery of periodic and alimony payments is calculated and collected from the amount of each debt separately.

Considering that the collection of the performance fee is possible only after the full repayment of the claims made after a specific period, the bailiff or the head of the enforcement group issues a ruling on the collection of the performance fee for each overdue periodic payment.

If there are grounds for collecting the performance fee on alimony payments and there is a debt when recalculating the debt due to non-payment (partial payment) for the past period, the size of the performance fee, in order to avoid its double collection, should be calculated in the amount of the difference between the amount of the performance fee at the time of its calculation and previously calculated.

4.3. Sequence of collection of performance fee

The performance fee for enforcement proceedings of a non-property nature is paid secondarily (after the reimbursement of expenses for the performance of enforcement actions).

4.4. Postponement, installment plan, reduction of the performance fee or exemption of the debtor from its payment

When the court accepts for consideration the debtor's claim for deferral or installment collection of the performance fee, reduction of its size or for the release of the debtor from the recovery of the performance fee, the enforcement proceedings in terms of the recovery of the performance fee are subject to suspension, about which the bailiff or the head of the enforcement group issues a reasoned decision .

The decision of the court on full or partial satisfaction of the application or claim of the debtor shall be subject to immediate execution.

When the court reduces the size of the performance fee, the decision of the bailiff on the collection of the performance fee is considered to be changed accordingly, the debtor is returned the amount of the performance fee excessively collected from him.

In these cases, as well as in the case of the release of the debtor from the collection of the performance fee, the issuance by the bailiff-executor of any additional decision to the decision on the collection of the performance fee is not required. A copy of the judicial act shall be attached to the materials of the enforcement proceedings.

Reducing the size of the performance fee by the court does not entail the recognition of the decision of the bailiff-executor on the recovery of the performance fee as illegal. This decision is considered to be amended accordingly (Part 9 of Article 112 of the Law). (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

Other persons may be exempted from paying the performance fee based on the provisions of paragraph 1 of Article 401 of the Civil Code of the Russian Federation, if they have taken all measures to properly fulfill the requirement contained in the executive document. If such measures were not taken, then the absence of the debtor, the state (municipal) authority or the budgetary (municipal) institution of the necessary funds to fulfill the requirements of the executive document in itself is not a basis for exemption from payment of the enforcement fee. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

The debtor cannot be exempted from paying the enforcement fee, even if the requirements of the enforcement document were fully executed by him immediately after the expiration of the period for voluntary execution, however, such actions of the debtor, taking into account the objective reasons for the delay in execution, may be taken into account by the court when resolving the debtor's claims to reduce the size of the execution collection, but not more than one quarter<1>. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

4.5. Return to the debtor of the performance fee

In accordance with the provisions of Article 112 of the Law, the performance fee is fully or partially returned to the debtor in the following cases:

cancellation of a judicial act, an act of another body or official, on the basis of which a writ of execution was issued;

cancellation of the executive document;

cancellation of the decision of the bailiff-performer on the collection of the performance fee;

reduction by the court of the amount of the performance fee to be recovered;

release of the debtor by the court from payment of the enforcement fee.

The return to the debtor of the performance fee is carried out in accordance with the Rules for the return to the debtor of the performance fee, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 550, and in accordance with the letter of the Federal Bailiff Service of Russia of October 6, 2008 N 12 / 01-13177-NV "On clarification of the Government Decree of the Russian Federation dated July 21, 2008 N 550 "On approval of the rules for the return to the debtor of the performance fee".

V. Features of the execution of resolutions on the collection of a performance fee

5.1 Collection of a performance fee in the event that the debtor is granted a deferment or installment plan for the execution of the requirements of the enforcement document

Paragraphs three - four - are excluded. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

5.1.1. If the executive document is presented for enforcement after the expiration of the grace period and the requirements of the executive document are not fulfilled, the bailiff or the head of the enforcement group issues a ruling on the collection of the enforcement fee. For the voluntary fulfillment of the requirements of the enforcement document, the debtor is set a five-day period from the date of initiation of enforcement proceedings. (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

5.1.2. In the event that a writ of execution is received for execution simultaneously with a court ruling to grant the debtor an installment plan for paying the debt under the writ of execution, the bailiff or the head of the enforcement group, when making and executing the decision to recover the performance fee from the debtor, is guided by the provisions of part 4 of article 112 of the Law on Recovery performance fee for non-payment of periodic payments.

At the same time, in the decision to initiate enforcement proceedings, the bailiff sets the debtor a deadline for voluntary fulfillment of the requirements of the executive document for each date and amount of the installment payment. For example, "to set the debtor 5 days for the voluntary fulfillment of the requirements of the executive document for each amount of payment, installment by the determination (name) of the court (date of the judicial act, case number) from the day or period determined by the court. Warn the debtor that in case of non-fulfillment of the requirements of the executive document in part and within the time limits specified in the court ruling on the provision of installments, as well as within the prescribed period for voluntary execution, the performance fee is subject to collection for each amount of overdue payment after the expiration of the period established by the bailiff-performer and failure to provide the bailiff-performer with evidence of the impossibility of execution due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.

After the expiration of the specified period and in the absence of evidence of the impossibility of making the next payment due to extraordinary and objectively unavoidable circumstances and other unforeseen insurmountable obstacles that are beyond the control of the debtor, the bailiff or the head of the enforcement group issues an order to collect the enforcement fee from the amount of the next unpaid payment.

Enforcement actions and measures of a coercive nature to recover a performance fee from the debtor are applied to the debtor after the expiration of the period established for voluntary execution.

5.1.3. Providing a deferment or installment plan for the execution of the requirements of the executive document to the debtor after the expiration of the period established by the bailiff for the voluntary execution of the requirements of the executive document is not a basis for canceling the decision to collect the enforcement fee issued in accordance with Art. 112 of the Law.

In case of partial execution by the debtor of an enforcement document for property recovery, as well as in the event of an installment execution of the enforcement document, the enforcement fee must be calculated based on the amount of unfulfilled (overdue) requirements on the day following the day the deadline for voluntary execution of the enforcement document expires.

If the debtor has not fulfilled several property and / or non-property claims, including those contained in one executive document, by virtue of part 3 of Article 112 of the Law, a performance fee is established in relation to each of the unfulfilled requirements<1>.

5.2. Collection of enforcement fee in case of postponement of enforcement actions and application of enforcement measures

<1>Resolution of the Seventeenth Arbitration Court of Appeal dated July 19, 2010 N 17AP-6483 / 2010-AK in case N A71-5931 / 2010, etc.

An exception is cases of postponing enforcement actions, application of enforcement measures, suspension of enforcement proceedings due to force majeure circumstances that prevent voluntary execution.

5.3. If there are grounds for collecting a performance fee after the arbitration court accepts an application for declaring a debtor bankrupt, then the performance fee does not acquire the character of a current payment and is subject to execution in the manner prescribed by Part 4 of Article 96 of the Law.

If the grounds for the collection of the performance fee arose before the arbitration court accepted the application for declaring the debtor bankrupt, the resolution on its collection is sent to the tax authority for subsequent filing with the court with an application for the inclusion of the performance fee in the register of creditors' claims in the manner provided for in paragraph 3 of Article 137 Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)". (As amended by the Letter of the Federal Bailiff Service of the Russian Federation dated May 11, 2016 N 0001/7)

5.4. The procedure for collecting the performance fee when concluding a settlement agreement

Under the settlement agreement is understood the agreement of the parties on mutual concessions on rights and obligations in a disputed or established legal relationship. An amicable agreement may be concluded both in a court session and in the process of enforcement proceedings. In any case, it is subject to the approval of the court.

Taking into account the fact that the enforcement fee is a penalty levied from the debtor for failure to comply with the requirements of the executive document, the conclusion by the recoverer and the debtor of a settlement agreement does not relieve the debtor from liability for failure to comply with the legal requirement of the bailiff for the voluntary execution of the executive document. Therefore, the decision to collect the enforcement fee, issued before the court approves the amicable agreement between the debtor and the recoverer or after its approval, provided that the debtor has not fulfilled the requirements of the executive document within the period established by the bailiff, which has expired before the approval of the amicable agreement, is subject to execution.

5.5. The procedure for collecting the enforcement fee in case of withdrawal of the enforcement document by the recoverer

In case of withdrawal of the executive document by the recoverer before the expiration of the period for voluntary execution, upon re-presentation of the executive document, the period for voluntary execution is set by analogy with the period for the execution of executive documents subject to immediate execution.

5.6. The procedure for collecting a performance fee for consolidated enforcement proceedings, including in respect of solidary debtors

Within the framework of consolidated enforcement proceedings initiated against one debtor, the enforcement fee is collected after the full satisfaction of the requirements of all enforcement documents combined into consolidated enforcement proceedings in accordance with the order established by Article 110 of the Law.

Within the framework of consolidated enforcement proceedings initiated against several solidary debtors, a decision to collect a performance fee is issued in respect of each solidary debtor in the amount of 7% of the amount or value of the recoverable property subject to collection under the executive document (without dividing the debt amount into parts, shares, etc. .p.), but not less than one thousand rubles from the debtor-citizen or the debtor-individual entrepreneur and ten thousand rubles from the debtor-organization (if there are grounds).

In the event of partial fulfillment of claims by any of the debtors before the initiation of enforcement proceedings or within the period established for voluntary execution, the calculation of the amount of the enforcement fee to be collected from this debtor is carried out in the manner specified in paragraph 4.2.1 of Section 4 of these guidelines.

Solidary debtors remain obligated until the obligation is fully performed.

5.7. The procedure for collecting a performance fee for enforcement proceedings on foreclosure on pledged property

The requirement of a writ of execution to levy execution on the pledged property is connected with the debtor's failure to fulfill the obligation secured by the pledge to the creditor.

If the executive document simultaneously indicates the amount of money to be collected in connection with the debtor’s failure to fulfill the obligation secured by the pledge and the requirement to levy execution on the pledged property, then if the debtor fails to fulfill the demand for the recovery of funds within the time period established for voluntary execution, the bailiff or the head of the group of forced execution issues a decision on the collection of the performance fee. The amount of the performance fee is calculated from the amount to be collected.

If the executive document contains a requirement to levy execution on the pledged property in the resolution on initiating enforcement proceedings, the debtor is invited to submit the documents necessary for the sale of the property within the time limit for voluntary execution, to provide access to the property for drawing up an act of inventory of the property, or to take other actions necessary for the appeal foreclosure on mortgaged property under such executive document. dated 11.05.2016 N 0001/7)

However, if there is no need for the debtor to take any actions to execute the enforcement document containing the requirement to levy execution on the pledged property, and also if the execution should be levied on the pledged property of a third party that is not a party to the obligation secured by pledge, the period for voluntary execution by a bailiff is not established, therefore, there are no grounds for collecting a performance fee.

5.8. The procedure for collecting a performance fee when changing the place of performance of enforcement actions

In this case, in order to take into account the amounts collected, when collecting a performance fee by a bailiff at a new place of enforcement actions, the performance fee is transferred to the deposit account of the structural unit of the territorial body of the FSSP of Russia, which made the recovery. The amount of the collected performance fee is taken into account in the reporting of the structural unit of the territorial body of the Federal Bailiff Service of Russia, by which the collection was made.

5.9. The procedure for collecting the performance fee from state, state and municipal institutions

5.9.1. Recovery of the performance fee from the state institution

5.9.2. Collection of the performance fee from the budgetary institution-debtor

if the accounts of the debtor budgetary institution are opened with an institution of the Central Bank of the Russian Federation or a credit institution;

in case of impossibility to collect funds from the debtor budgetary institution due to the absence of funds on its personal accounts for more than three months.

With this in mind, when collecting a performance fee from a budgetary institution-debtor, the bailiff collects it at the expense of cash, funds held by an institution of the Central Bank of the Russian Federation or a credit institution.

Thus, in the absence or insufficiency of the specified funds from the budgetary institution-debtor, the bailiff, guided by Article 69 of the Law, collects the enforcement fee at the expense of movable property that is not classified as particularly valuable movable property by the relevant bodies exercising the functions and powers of the founder.

5.9.3. Collection of the performance fee from the autonomous institution-debtor

Thus, the execution fee is collected from the above debtors at the expense of cash, funds held in an institution of the Central Bank of the Russian Federation or a credit institution, with the exception of funds held on personal accounts in the territorial bodies of the Federal Treasury, financial bodies of the constituent entities of the Russian Federation, municipalities respectively.

The procedure for actions of bailiffs-executors in the absence or insufficiency of the autonomous institution-debtor of funds is similar to the procedure for foreclosure on the property of budget-funded institutions-debtors.

Organization management
enforcement proceedings