Instruction
1
Executive manufacture is suspended or the result of the application of the person concerned, either directly by the court, which issued the Executive document, or bailiff, when he has his powers.
There are circumstances in which a suspended isolproject necessarily, but there are instances when the issue of his suspension left to the discretion of the court or the bailiff.
There are circumstances in which a suspended isolproject necessarily, but there are instances when the issue of his suspension left to the discretion of the court or the bailiff.
2
So the court, arbitration or General jurisdiction, necessarily suspend the enforcement proceedings when a claim for exemption from seizure of property on which levied; if an application was filed challenging the results of the evaluation of the seized property; if disputed, the judicial police officer-executor about collecting of performing gathering.
Isolproject may be suspended by the court if:
- contested execution document or judicial act to be performed;
- the debtor is in a long term business trip;
- to the production made of the statement for contest of actions of judicial police officer-executor;
- filed an application for clarification of ispagecomplete, the method and manner of its execution.
Isolproject may be suspended by the court if:
- contested execution document or judicial act to be performed;
- the debtor is in a long term business trip;
- to the production made of the statement for contest of actions of judicial police officer-executor;
- filed an application for clarification of ispagecomplete, the method and manner of its execution.
3
To cases of mandatory suspension of enforcement of a judicial bailiff-executor include:
- death of the debtor and assignees;
- loss of the debtor's legal capacity;
- participation of the debtor in the fighting, etc.;
- court monitoring of the debtor's complaint for deferment, the installment or release from the recovery of performing gathering.
When isolproject can be (but not necessarily) suspended by the judicial bailiff-executor, includes:
- being a debtor on treatment in stationary medical institution;
- search of the debtor-citizen;
- the request of the debtor, passing military service on an appeal.
- death of the debtor and assignees;
- loss of the debtor's legal capacity;
- participation of the debtor in the fighting, etc.;
- court monitoring of the debtor's complaint for deferment, the installment or release from the recovery of performing gathering.
When isolproject can be (but not necessarily) suspended by the judicial bailiff-executor, includes:
- being a debtor on treatment in stationary medical institution;
- search of the debtor-citizen;
- the request of the debtor, passing military service on an appeal.
4
The content of the statement on the suspension of enforcement proceedings the law is not clearly established, but it is clear that it must contain information about the applicant (the debtor), the creditor (in whose favour instituted proceedings in ispycameltoe), a judicial bailiff-executor, which is apollocon.
The statement should also indicate the details of ispolnjajutsja (number, date of institution), details of ispagecomplete (for example, the name of the court date of the decision according to which issued the Executive document), the grounds for suspension of production (for example, challenging a writ of execution), links to regulatory acts governing the suspension of enforcement proceedings (for example, section 1 of part 2 of article 39 of the Federal law "On enforcement proceedings").
If the statement signed by the representative of the person concerned, attached is a power of attorney.
The statement should also indicate the details of ispolnjajutsja (number, date of institution), details of ispagecomplete (for example, the name of the court date of the decision according to which issued the Executive document), the grounds for suspension of production (for example, challenging a writ of execution), links to regulatory acts governing the suspension of enforcement proceedings (for example, section 1 of part 2 of article 39 of the Federal law "On enforcement proceedings").
If the statement signed by the representative of the person concerned, attached is a power of attorney.
5
The application is submitted to the court that issued the writ, or the court at the location of the judicial police officer - executor. The application is submitted to the bailiff-executor, which is the Executive document,if the law establishes that he decides on the suspension (see article 40 of the Federal law "On enforcement proceedings").
Application for stay of enforcement proceedings is considered in ten days. By results of consideration of the application, the court makes a decision, and the bailiff – a resolution.
Application for stay of enforcement proceedings is considered in ten days. By results of consideration of the application, the court makes a decision, and the bailiff – a resolution.
6
Enforcement proceedings shall be suspended for a period of time sufficient for elimination of circumstances, formed the basis for his suspension.
Resumes isolproject at the request of the creditor or of the debtor and only after the reasons or circumstances which served as grounds for its suspension. The application to reopen the proceedings submitted to the court or bailiff, suspend isolproject.
Resumes isolproject at the request of the creditor or of the debtor and only after the reasons or circumstances which served as grounds for its suspension. The application to reopen the proceedings submitted to the court or bailiff, suspend isolproject.
7
Decision execution about appointment of administrative punishment can be suspended only in case of bringing of the protest by the Prosecutor on an enforceable judgment in the administrative proceedings for the period before consideration of the protest. However, the execution of administrative punishment in the form of arrest or suspension may not be suspended even in the presence of the Prosecutor.