Detailed instructions to the debtor in enforcement proceedings when collecting a debt. How to collect a debt by a court decision: instructions for creditors

In accordance with the Federal Law of January 8, 1998 No. 7-FZ “On the Judicial Department at the Supreme Court Russian Federation»I order:

1. Approve the attached Instruction on the procedure for ensuring their acceptance, accounting, storage, use and destruction in federal courts of general jurisdiction and federal arbitration courts (hereinafter referred to as the Instruction).

2. Chairmen of the supreme courts of republics, regional and regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts, district (naval) military courts, arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, specialized arbitration courts, district, city, inter-district courts, garrison military courts, heads of departments of the Judicial Department in the constituent entities of the Russian Federation, to organize the study and ensure the mandatory implementation of the requirements of the Instruction.

3. Recognize as invalid Guidelines on the procedure for receiving, recording, storing, using and destroying forms of enforcement orders, approved by the Director General of the Judicial Department on October 30, 2009

4. To impose control over the execution of this order on the Deputy Director General of the Judicial Department at the Supreme Court of the Russian Federation Parshin A.I.

Instruction
on the procedure for providing writ of execution with forms and their acceptance, accounting, storage, use and destruction in federal courts of general jurisdiction and federal arbitration courts
(approved by order of the Judicial Department at the Supreme Court of the Russian Federation
dated December 28, 2015 No. 399)

1. General Provisions

1.1. The instruction on the procedure for providing writ of execution with forms and their acceptance, accounting, storage, use and destruction in federal courts of general jurisdiction and federal arbitration courts (hereinafter referred to as the Instruction) is a regulatory act developed on the basis of the Civil Procedure Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, the Federal constitutional law dated April 28, 1995 No. 1-FKZ "On arbitration courts in the Russian Federation", federal laws dated January 8, 1998 No. 7-FZ "On the Judicial Department at the Supreme Court of the Russian Federation", dated December 17, 1998 No. 188 -FZ "On justices of the peace in the Russian Federation", dated October 2, 2007 No. 229-FZ "On enforcement proceedings", Law of the Russian Federation dated June 26, 1992 No. 3132-i "On the status of judges in the Russian Federation", resolutions of the Government of the Russian Federation dated July 31, 2008 No. 579 “On Forms of Execution Orders” (hereinafter referred to as the Decree of the Government of the Russian Federation), Orders of the President of the Russian Federation dated July 14, 2008 No. 405-rp “On the Placement of State Orders for the Production of Forms of Execution Orders” , order of the Ministry of Finance of the Russian Federation dated June 17, 2009 No. 237 "On approval of samples of forms of enforcement orders" and other regulatory acts.

1.2. The instruction was developed in order to ensure a uniform approach to the procedure for providing, receiving, accounting, storing, using and destroying forms of enforcement orders in supreme courts republics, territorial and regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts, district (naval) military courts, arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, specialized arbitration courts (hereinafter referred to as regional and equal them courts, district (naval) military courts, federal arbitration courts), district, city, inter-district courts, garrison military courts (hereinafter referred to as district courts and garrison military courts) (hereinafter also referred to as courts).

1.3. Regional and equal courts, district (naval) military courts, federal arbitration courts, constituent entities of the Russian Federation are direct consignees of forms of enforcement orders (hereinafter referred to as consignees).

Offices of the Judicial Department in the constituent entities of the Russian Federation (hereinafter referred to as the Office) accept forms of writ of execution for the provision of district courts and garrison military courts.

1.4. Control over compliance with the procedure for ensuring, receiving, recording, storing, using and destroying forms of enforcement orders is carried out by the chairmen of the courts, as well as the heads of departments.

By order (instruction) of the chairman of the regional and equal military court, the federal arbitration court, the head of the department, financially responsible persons are appointed for accepting forms of writ of execution from the divisions of the Federal State Unitary Enterprise "Main Center for Special Communications" in the appropriate court, department.

By order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the district court and the garrison military court, the head of the department, materially responsible persons are appointed for accounting, storage and issuance of forms of enforcement orders in the appropriate court, department.

1.5. The instruction can be used in organizing the activities of justices of the peace.

2. Production of forms of writ of execution and determination of the needs of courts in forms of writ of execution

2.1. Forms of writ of execution are produced by the federal state unitary enterprise Goznak (hereinafter referred to as FSUE Goznak) centrally by order of the Judicial Department at the Supreme Court of the Russian Federation (hereinafter referred to as the Judicial Department) and according to the model approved by the Decree of the Government of the Russian Federation.

2.2. The production and supply of forms of writ of execution to provide justices of the peace is carried out in accordance with state contracts concluded between FSUE Goznak and the executive authorities of the constituent entities of the Russian Federation that provide material and technical support for the activities of justices of the peace.

2.3. To determine the real need of the courts in the forms of writ of execution for the next calendar year, the Judicial Department annually sends a corresponding request to the consignees.

2.4. Information about the needs of courts in forms of writ of execution for the next calendar year (broken down by six months) is submitted by the consignees to the Main Directorate of Organizational and Legal Support for the Activities of the Courts of the Judicial Department (hereinafter referred to as the GUOPO of the Judicial Department) once a year no later than August 1 of the current year in accordance with the approved table (Appendix No. 2).

2.5. Regional and equal courts, district (naval) military courts, federal arbitration courts independently form and send information about the need for forms of writ of execution to the GUOPO of the Judicial Department no later than August 1 of the current year.

2.6. District courts and garrison military courts, in order to form a generalized application in the forms of writ of execution, send information about the need for forms of writ of execution for the next calendar year (broken down by six months) to the department no later than July 25 of the current year in accordance with the approved table (Appendix No. 3 ).

The Department summarizes information on the need for forms of enforcement orders for the next calendar year, submitted by district courts and garrison military courts, forms a generalized application and sends it to the GUOPO of the Judicial Department no later than August 1 of the current year.

2.7. Information about the need for forms of enforcement orders for the next calendar year is formed by the courts based on average annual indicators, taking into account judicial statistics and changes in the current legislation of the Russian Federation.

2.8. In the event of an increase in the number of cases under consideration in regional and equal courts, district (naval) military courts, federal arbitration courts, in connection with which it may be necessary to provide an additional number of writ of execution forms, the relevant courts at least 45 days before the start of the next quarter of the year during which an increase in the number of issuance of writ of execution forms is predicted, inform the department of organizational support for the activities of courts of general jurisdiction and justices of the peace of the GUOPO of the Judicial Department by telephone and the subsequent mandatory sending of a written request.

2.9. In the event of an increase in the number of pending cases in district courts and garrison military courts, which may lead to the need to provide an additional number of writ of execution forms, the relevant courts shall immediately notify the department.

At least 45 days before the start of the next quarter of the year, during which an increase in the number of issuance of forms of enforcement orders by district courts and garrison military courts is predicted, the Department informs the department for organizational support of the activities of courts of general jurisdiction and justices of the peace of the GUOPO of the Judicial Department by telephone and subsequent mandatory sending of a written request.

2.10. The GUOPO of the Judicial Department, within 3 working days from the date of notification by the consignee of the need for additional delivery of writ of execution forms, seeks the possibility of redistributing the requested number of writ of execution forms from another (other) consignee (consignees) and notifies in writing of decision consignee.

3. Acceptance of forms of writ of execution from the divisions of the Federal State Unitary Enterprise "Main Center for Special Communications"

3.1. Forms of writ of execution are delivered by divisions of the Federal State Unitary Enterprise "Main Center for Special Communications" (hereinafter - the supplier) to the address of the consignees in accordance with the statement of delivery of products.

Complete with forms of writ of execution, consignment notes and certificates of acceptance of the finished order are transmitted in the amount of three copies.

3.2. Acceptance of forms of writ of execution from the supplier is carried out by a financially responsible person of a regional and equal court, a district (naval) military court, a federal arbitration court, a department determined by an order (instruction) of the chairman of the relevant court, the head of the department, on the basis of a power of attorney issued by the chairman of the corresponding court, head of department.

In the event of dismissal, leave on vacation and other cases of prolonged absence of an employee of the court apparatus, an employee of the department, who is responsible for accepting forms of writ of execution from the supplier, these powers by the relevant order (instruction) of the chairman of the court, the head of the department are assigned to another employee with the appropriate reissuance of a power of attorney .

3.3. Acceptance of forms of writ of execution with the determination of their quantity and quality is carried out in accordance with the Rules for the manufacture, accounting, storage and destruction of forms of writ of execution, approved by the Decree of the Government of the Russian Federation, Instructions on the procedure for accepting products for industrial purposes and consumer goods by quantity, approved by the decision of the State Arbitration Court USSR dated 06/15/1965 No. P-6, and the Instruction on the procedure for accepting industrial and technical products and consumer goods in terms of quality, approved by the Resolution of the USSR State Arbitration Court dated 04/25/1966 No. P-7.

3.5. When accepting forms of enforcement orders, the compliance of the received forms with the following requirements is checked:

compliance of the actual number of forms, their series and numbers with the data indicated in the delivery notes and the cover letter of FSUE Goznak;

production of forms of enforcement orders on special paper with watermarks and other types of protection against counterfeiting of printed products, provided for by order of the Ministry of Finance of the Russian Federation dated June 17, 2009 No. 237 "On approval of samples of forms of enforcement orders".

3.6. Based on the results of acceptance of the forms of writ of execution, an act of acceptance of the finished order, provided by the supplier, is filled out.

The act of acceptance of the finished order in triplicate is signed by the chairman of the relevant regional and equal court, the district (naval) military court, the federal arbitration court, and the head of the department.

Not later than five days from the date of receipt of writ of execution, the first copy of the act of acceptance of the finished order with notification of receipt of the forms of writ of execution (Appendix No. 1) and the original waybill are sent to the GUOPO of the Judicial Department, the second copy of the act of acceptance of the finished order with notification of receipt of the forms writ of execution and the original consignment note are sent to the address of the Moscow printing house of the FSUE Goznak branch, the third copy of the act of acceptance of the finished order with notification of receipt of the forms of writ of execution and the original consignment note is filed into the appropriate order (case) provided for by the nomenclature of cases of the regional and equal to them court, district (naval) military court, federal arbitration court, administration.

3.7. When establishing the inadequate quality of forms of enforcement orders (defective products, inconsistency of details), registration of their acceptance is not carried out and the procedure for refusing to accept forms of enforcement orders is carried out.

In order to carry out the procedure for refusing to accept forms of writ of execution of inadequate quality, by order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the head of the department, a special commission (at least three people) is created, which consists of mandatory include the person financially responsible for accepting forms of writ of execution from the divisions of the Federal State Unitary Enterprise "Main Center for Special Communications", the person financially responsible for accounting, storage and issuance of forms of writ of execution in the appropriate court (department). The commission is headed by the chairman of the relevant court (head of department).

The commission reveals the inconsistency of the received forms of writ of execution with the requirements and subsequently draws up an act of refusal to accept products (Appendix No. 4) in triplicate.

One copy of this act of refusal to accept products and all elements of the inner and outer packaging attached to it, in which products of inadequate quality are found, are transferred to the supplier, the second copy of the act is sent to the GUOPO of the Judicial Department within five working days from the date of its preparation, the third copy the act is stored in the appropriate order (case) provided for by the nomenclature of cases of the relevant court, department.

4. Accounting and issuance of forms of enforcement orders

4.1. Forms of writ of execution are not forms of strict accountability.

Quantitative indicators of forms of enforcement orders are not reflected in the accounting records of courts and departments.

4.2. In accordance with the order of the Ministry of Finance of the Russian Federation dated June 17, 2009 No. 237 “On approval of samples of forms of enforcement orders”, the form of the enforcement order is a protected printing product of the “B” level.

Decree of the Government of the Russian Federation dated July 31, 2008 No. 579 “On forms of enforcement orders” establishes that forms of enforcement orders must be made on special paper with watermarks, as well as with other types of protection in accordance with the criteria for classifying goods as protected from counterfeit printing products.

4.3. By order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the district court and the garrison military court, the head of the department, a person is appointed financially responsible for accounting, storage and issuance of forms of enforcement orders, respectively, in court, department (hereinafter referred to as the responsible employee of the apparatus of the court, management).

In the event of dismissal, going on vacation and other cases of prolonged absence of a responsible employee of the apparatus of the court, administration, the duties of accounting, storage and issuance of forms of writ of execution by the relevant order (instruction) of the chairman of the court, head of the department are assigned to another employee of the apparatus of the court, administration.

4.4. The act of acceptance of the finished order, signed by the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the head of the department, is the basis for the acceptance of forms of enforcement orders for registration by the responsible employee of the apparatus of the corresponding court, department.

4.5. The responsible employee of the apparatus of the court, administration keeps records of the forms of enforcement orders by series and numbers in the Register of Forms of Execution Orders (Appendix No. 6).

In this journal, a note is made on the acceptance by the responsible employee of the apparatus of the court, management for storage of the available forms (with putting down their number and indicating the numbers).

The journal of registration of forms of enforcement orders is stitched, the sheets are numbered by the employee of the court apparatus, the department responsible for the registration of the journal. The number of sheets in each journal is certified by his signature and official seal of the court, administration.

4.6. The transfer of forms of writ of execution to the responsible employee of the apparatus of the district court, garrison military court is carried out by the responsible employee of the department within five days from the date of receipt of the forms of writ of execution from the supplier.

The fact of transfer is recorded by the Act of transfer of forms of enforcement orders (Appendix No. 5).

4.7. Forms of writ of execution are issued to responsible employees of the court apparatus for their execution in accordance with judicial acts that have entered into legal force.

4.8. Accounting for duly executed writ of execution is carried out in the journal (register) of accounting for issued (sent) writ of execution, provided for by the relevant instructions for judicial proceedings in the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts , instructions for office work in arbitration courts and military courts (hereinafter referred to as the Journal (register) of accounting for issued (sent) writ of execution).

5. Storage of forms of enforcement orders

5.1. Writs of execution shall be kept in locked metal cabinets, safes and (or) in specially equipped rooms in conditions that exclude access by unauthorized persons, their damage and theft.

5.2. Responsible employees of the apparatus of the court, administration, who received the forms of writ of execution, are personally responsible for their storage, proper execution and issuance.

5.3. In courts, administrations, all necessary conditions must be created to ensure the safety of forms of enforcement orders and exclude the possibility of access by unauthorized persons.

5.4. By order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the district court and the garrison military court, the head of the department, a special commission is created to check the availability of forms of enforcement orders (at least three people), which includes without fail, the person financially responsible for accounting, storage and issuance of forms of enforcement orders in the relevant court (department) is included. The commission is headed by the chairman of the relevant court (head of department).

The commission checks the availability of forms of writ of execution on a quarterly basis, as a result of which an act of checking the availability of forms of writ of execution (Appendix No. 7) is drawn up, stored in the appropriate order (case) provided for by the nomenclature of cases of the corresponding court, department.

Checking the availability of forms of writ of execution is carried out in cases of termination of the powers of the chairman of the relevant court, dismissal of the head of the department, or a responsible employee of the court apparatus, as well as after emergencies and in other cases in which the loss of forms of writ of execution is possible.

6. Use of forms of enforcement orders

6.1. In accordance with paragraph 3 of the Decree of the Government of the Russian Federation, in the event of a change in the requirements for writ of execution by the legislation of the Russian Federation, before making appropriate changes to the forms of writ of execution, such writ of execution shall be filled out taking into account the specified requirements.

6.2. The form of the writ of execution consists of four double-sided sheets of A4 format, fastened together by gluing, perforated along the right border of the format, which are attached to a single spine.

6.3. To draw up a writ of execution, an employee of the court apparatus responsible for drawing up a form of a writ of execution tears off the spine of the form along the perforation line, separates the sheets to avoid sticking and proceeds to fill out the form of a writ of execution.

6.4. The form of the writ of execution is filled in using the electronic template of the writ of execution provided for in the automated system of judicial office work.

In the absence of the technical possibility of using an automated system of judicial office work, it is allowed to fill out forms of enforcement orders using templates generated using the Word text editor directly in court. In this case, all the necessary details and the text of the operative part of the judicial act are entered by the responsible employee independently.

If it is impossible to fill out the form of a writ of execution by the above methods, the form is filled in by hand, taking into account the requirements of Article 13 federal law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings".

6.5. The writ of execution must be filled out clearly and competently, without corrections, typographical errors and additions.

The entire text of the writ of execution is filled in the same way, the use of the combined method is not allowed.

6.6. The writ of execution is filled out on both sides. The text of the operative part of the judicial act is entered into the form from the first to the fourth page. On the fifth and sixth pages of the form, information about the debtor and the recoverer is placed, the fifth page is signed by the judge. All blank columns and remaining blank pages of the form, with the exception of pages 7 and 8, are crossed out with a “Z” sign or automatically filled with this sign when printing the text of the writ of execution.

The seventh and eighth pages of the form are intended to reflect information from the bailiff service (tax authority, bank and other credit organization, government agency) and are not subject to completion by the court.

6.7. The text of the writ of execution is printed at 1 - 1.5 line spacing, in Times New Roman font, black, in size from 10 to 14, at a distance from the left border of the text field - 30 mm, from the right - 15 mm, top and bottom - 20 mm . Columns of the form, if necessary, can be filled in smaller type Times New Roman, black, but not less than size 8.

6.8. If the text of the operative part of the judicial act exceeds the pages of the writ of execution intended for this, the inscription “Continuation on the form of the writ of execution “Series” No. _______” is made on the fourth page of the form. On the specified form of the writ of execution in the upper right corner, the inscription “Continuation of the writ of execution “Series” No. ______” is made, then all fields of the first page of the form are filled in, and after the words “decided (determined, ruled)”, the statement of the operative part of the judicial act continues from those words , on which the presentation on the previous form was interrupted, so as not to allow repetitions.

6.9. After filling in the text part of the writ of execution, the employee of the court apparatus responsible for drawing up the form of the writ of execution shall check the content of the writ of execution for its compliance with the judicial act.

The generated electronic document is printed on the form of a writ of execution.

If necessary, a preliminary control printing of the prepared text of the document is carried out on a regular sheet of A4 format.

6.10. All sheets of the document are stitched into two punctures in the upper left corner through the left and upper edge of the sheet with a strong thread (at least two turns in each direction), the ends of which are tied and brought to the back of the last sheet.

The firmware can also be carried out by rolling with a pass through the formed metal ring of a strong thread of at least two turns on each side of the sheet.

The place of the firmware is sealed with a paper sticker (rectangular or square, approximately 45 to 55 mm by 35 to 45 mm in size) containing the following certifying inscription:

“This writ of execution is executed on _____ sheets.

Judge (signature of the judge/decoding of the signature of the judge), date”.

The sticker should completely cover the place of the stitching, only the ends of the stitching threads can go beyond the sticker, but not more than 2 - 2.5 cm.

The certification inscription is certified by a seal with a reproduction of the State Emblem of the Russian Federation (hereinafter referred to as the official seal), which is placed in such a way as to partially capture the paper sticker sealing the ends of the thread.

6.11. The employee of the court apparatus responsible for drawing up the form of the writ of execution shall hand over the prepared writ of execution to the judge for signing and affixing the official seal.

The judge signs the writ of execution on the fifth page, as well as in the place of the firmware under the certification inscription.

If it was necessary to use two or more forms of a writ of execution for the preparation of a writ of execution, the judge shall sign the fifth page of the last of the forms used. The place for the signature of the judge on the previous forms is clogged with an X, for example:

xxxxxxxxxxxxxxxxxxx

Judge -------------- (signature, surname, initials).

6.12. In the registration card of a particular case, contained in automated judicial record keeping systems, a note is made about the series, number and date of issue of the writ of execution.

In addition, to account for the numbers of issued forms of writ of execution, a corresponding mark is made in the Journal (register) of accounting for issued (sent) writ of execution.

6.13. In the event that a postal item with a writ of execution is returned to the court due to the impossibility of its delivery to the addressee, the writ of execution, together with a cover letter and a postal envelope, is filed into the appropriate order (case) provided for by the nomenclature of court cases.

The returned writ of execution shall be kept for three years, starting from the date of return to the court, and then subject to destruction in accordance with the requirements of section 7 of the Instruction.

7. Loss, damage, destruction of forms of enforcement orders

7.1. In case of loss of forms of writ of execution, the responsible employee of the apparatus of the court, the department immediately informs the chairman of the court, the head of the department, respectively.

7.2. By order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, the district court and the garrison military court, the head of the department, a special commission is created on the fact of the loss of forms of writ of execution (at least three people), which consists of without fail, the person financially responsible for accounting, storage and issuance of forms of enforcement orders in the relevant court (department) is included. The commission is headed by the chairman of the relevant court (head of department).

Commission on the fact of the loss of forms of writ of execution conducts an internal check.

Based on the results of an internal audit, an act is drawn up in two copies on the loss of forms of enforcement orders and their write-off (Appendix No. 8), which is approved by the chairman of the court (head of department).

One copy of this act, within one working day from the moment of its preparation, is sent to the GUOPO of the Judicial Department, the second copy is filed in the appropriate order (case) provided for by the nomenclature of cases of the corresponding court, department.

In the Register of Forms of Execution Writs (Appendix No. 6), notes are made on the loss of forms (indicating the series, number) and their cancellation with reference to the above act on the loss of forms of writs of execution and their cancellation.

The chairman of the relevant court, the head of the department approves and issues an order (instruction) on the approval of the results of an internal audit and the adoption of measures to prevent the facts of the loss of forms of enforcement orders.

Information about the lost forms no later than one business day from the date of the internal audit on the fact of the loss of forms of enforcement orders is sent by the chairman of the relevant court, the head of the department to law enforcement agencies, the bailiff service, the Federal Treasury, central bank Russian Federation.

7.3. In case of damage to the form of the writ of execution, the employee of the court apparatus responsible for drawing up the form of the writ of execution, no later than the next working day, transfers the damaged form against signature to the responsible employee of the court apparatus, who makes a corresponding note in the Register of forms of writ of execution (Appendix No. 6).

7.4. A damaged writ of execution must be cancelled. To do this, the enforcement sheet (all of its sheets) is folded in half and pierced with a hole punch near the fold line so that four symmetrical holes are formed. All sheets of the form are crossed out diagonally (from the upper right corner to the lower left) with a red marker, the inscription “Canceled” is written along the line of crossing out with a pen, the date of redemption of the writ of execution, last name, first name, patronymic of the responsible person who redeemed the sheet is indicated, and his signature is put .

A writ of execution extinguished in this way is filed into the appropriate order (case) provided for by the nomenclature of court cases.

7.5. Spoiled forms of writ of execution are subject to storage within the time limits established by the nomenclature of court cases.

7.6. By order (instruction) of the chairman of the regional and equal court, the district (naval) military court, the federal arbitration court, in order to destroy and write off the spoiled forms of writ of execution, a special commission (at least three people) is created, which must include a person materially responsible for accounting, storage and issuance of forms of writ of execution in the relevant court. The commission is chaired by the chairman of the respective court.

Based on the results of the destruction of the damaged forms of writ of execution, an act is drawn up in two copies on writing off the damaged forms of writ of execution and their destruction in accordance with the approved form (Appendix No. 9).

One copy of this act, within five working days from the date of its preparation, is sent to the GUOPO of the Judicial Department, the second copy is filed into the appropriate order (case) provided for by the nomenclature of court cases.

7.7. By order (instruction) of the chairman of the district court, garrison military court, in order to write off and transfer damaged forms to the administration for their subsequent destruction, a special commission (at least three people) is created, which must include a person financially responsible for accounting, storage and issuance of writ of execution in the relevant court. The commission is chaired by the chairman of the respective court.

The Commission draws up an act in two copies on the write-off and transfer of damaged forms of writ of execution in accordance with the approved form (Appendix No. 12).

One copy of this act with the application of the damaged forms of writ of execution indicated in this act is sent to the department for the procedure for destroying the spoiled forms of writ of execution, the second copy is filed into the appropriate order (case) provided for by the nomenclature of cases of the corresponding court.

In the Register of Forms of Execution Writs (Appendix No. 6), a note is made on the write-off of damaged forms of writs of execution and their transfer (indicating the series, number) with reference to the above act on the write-off and transfer of damaged forms of writs of execution.

7.8. By order (instruction) of the head of the department, in order to destroy the spoiled forms of writ of execution submitted by district courts and garrison military courts, a special commission (at least five people) is created, which must include a person financially responsible for accounting, storage and issuance of forms of writ of execution in management, chairmen of district courts and garrison military courts (at least two). The commission is headed by the head of department.

In the Register of Forms of Execution Writs (Appendix No. 6), a note is made on the write-off of damaged forms of writ of execution and their destruction (indicating the series, number) with reference to the above act on the write-off of damaged forms of writ of execution and their destruction.

7.9. By order (instruction) of the chairman of the regional and equal courts, the district (naval) military court, the federal arbitration court, in order to destroy forms of writ of execution that have gone out of circulation, a special commission (at least three people) is created, which must include a person , financially responsible for accounting, storage and issuance of forms of enforcement orders in the relevant court. The commission is chaired by the chairman of the respective court.

Based on the results of the destruction of forms of writ of execution that have gone out of circulation of the regional and equal courts, the district (naval) military court, the federal arbitration court, an act is drawn up in two copies on the destruction of forms of writ of execution that have gone out of circulation in accordance with the approved form (Appendix No. 10 ).

7.10. By order (instruction) of the chairman of the district court, the garrison military court, in order to write off and transfer the forms of writ of execution that are out of circulation, a special commission (at least three people) is created for their subsequent destruction, which must include a person financially responsible for accounting, storage and issuance of forms of writ of execution in the relevant court. The commission is chaired by the chairman of the respective court.

The commission in two copies draws up an act on the write-off and transfer of forms of enforcement orders that are out of circulation, in accordance with the approved form (Appendix No. 11).

One copy of the act with the attachment to it of the forms of enforcement orders that are out of circulation indicated in this act is sent to the department for the procedure for destroying the forms of enforcement orders that are out of circulation, the second copy is filed into the appropriate order (case) provided for by the nomenclature of cases of the corresponding court.

In the Register of Forms of Execution Writs (Appendix No. 6), a note is made on the write-off of forms of writ of execution that are out of circulation and their transfer (indicating the series, number) with reference to the above act on the write-off and transfer of forms of writ of execution that are out of circulation.

7.11. By order (instruction) of the head of the department, in order to destroy the forms of writ of execution that have gone out of circulation, submitted by district courts and garrison military courts, a special commission (at least five people) is created, which must include a person financially responsible for accounting, storage and the issuance of forms of writ of execution in the administration, chairmen of district courts and garrison military courts (at least two). The commission is headed by the head of department.

Based on the results of the destruction of forms of writ of execution that have gone out of circulation of district courts and garrison military courts, an act is drawn up in two copies on the destruction of forms of writ of execution that have come out of circulation, in accordance with the approved form (Appendix No. 10).

In the Register of Forms of Execution Writs (Appendix No. 6), a note is made on the write-off and destruction of forms of writs of execution that have gone out of circulation (indicating the series, number), with reference to the above act on the destruction of forms of writs of execution that have gone out of circulation.

7.12. When filling out the above acts (on the write-off and transfer of forms of enforcement orders that have gone out of circulation, on the destruction of forms of enforcement orders that have gone out of circulation, on the write-off and transfer of damaged forms of enforcement orders, on the write-off of damaged forms of enforcement orders and their destruction), information on the series and numbers of forms to be written off is reflected in intervals. The interval in the case of an inventory of enforcement orders in a closed package is 250 units, if the package is open - no more than 100 units.

The interval inventory is carried out on the condition that the serial numbering is preserved, and in the absence or impossibility of observing the serial numbering, the numbers are rewritten individually.

7.13. The mechanism for the destruction of forms of enforcement orders is determined independently from the volume of destroyed products, within the allocated limits of budgetary obligations (technical means, incineration).

8. Issuance of a duplicate writ of execution

8.1. In the event of the loss of a writ of execution by the recoverer, its duplicate is issued by the court that previously issued the lost writ of execution, on the basis of a written application by the recoverer, which is considered in the manner prescribed by the procedural legislation of the Russian Federation.

In this case, a duplicate of the writ of execution must fully reproduce the lost writ of execution.

8.2. A duplicate is filled in on the form of a writ of execution, in the upper right corner of the first sheet of which the stamp "Duplicate" is affixed.

Filling in a duplicate of the writ of execution is carried out in accordance with the requirements of section 6 of the Instruction.

8.3. The responsible employee of the court apparatus makes a note in the Journal (register) of accounting for issued (sent) writ of execution on the issuance of a duplicate of the writ of execution, on its application for execution (direction to the bailiff service or to an organization).

8.4. Control over the issuance of a duplicate of the writ of execution is carried out by a responsible employee of the court apparatus.

Application No. 1

writ of execution and
their reception, accounting, storage,
use and destruction

Notification

on receipt of writ of execution

(name of the regional and equal court, district naval

department in

received forms of writ of execution in the amount

Things

(the number is indicated in words)

according to the consignment note dated “___”_________ 20__, No. _____

and the act of acceptance of the finished order dated “___” _________ 20__

Signature of the chairman of the regional and equal court, district naval

military court, federal arbitration court (head of department).

Application No. 2
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

Application for the need for forms of enforcement orders for regional and equal courts, district (naval) military courts, federal arbitration courts (departments)

Signature of the chairman of the regional and equal court, district naval military court, federal

arbitration court (head of department)

______________________________

* The departments send to the Judicial Department a generalized application for all district courts, garrison military courts that are part of the corresponding subject of the Russian Federation.

Application No. 3
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

Application for the need for forms of writ of execution in the district court, garrison military court

No. p / p	Name of the court	Number of writ of execution forms		Total	Note
No. p / p	Name of the court	first half	second semester	Total	Note

Signature of the chairman of the district court, garrison military court

Application No. 4
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

him court, district (naval)

military court, federal

Arbitration Court, Head

administration of the Judicial Department in

subject of the Russian Federation)

___________________________________

(signature, surname and initials)

“___”____________ 20__

about refusal to accept products

“__”__________ 20__ ___________________

Commission consisting of: ___________________________________________________________

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

revealed a discrepancy between the received forms of writ of execution

requirements _______________________________________________

_________________________________________________________________________

(indicate the reasons for the discrepancy, list the series and numbers of the forms

Writs of execution that do not meet the requirements)

_________________________________________________________________________

(name of the regional and equal court, district (naval)

military court, federal arbitration court, department of the Judicial

department in a constituent entity of the Russian Federation) denies the supplier

acceptance of products and received forms of writ of execution on commodity

invoice dated “__”_________ 20__ No. _______ returns.

Commission members' signatures:

Application No. 5
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

submission of writ of execution

“__” ____________ 20__ __________________

_________________________________________________________________________

(name of the department of the Judicial Department in the subject

Russian Federation)

handed over forms of enforcement orders in the amount

(name of the court, position and full name of the person who received the forms)

Signature of the responsible officer of the department

Signature of the responsible employee of the court apparatus

Application No. 6
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

accounting for writ of execution

Name of the court (department of the Judicial Department in the constituent entity of the Russian Federation)

Structural subdivision

Person responsible for storage

and accounting of forms of enforcement orders ________________________________

(position, surname, initials)

No. p / p	Issuance of writ of execution			Forms of writ of execution received		Return (loss, damage) of forms of writ of execution		Forms of writ of execution returned		The result of internal investigations into violations of the Rules for the production, accounting, storage and destruction of forms of enforcement orders
No. p / p	date	series and number	number of issued forms		signature	series and number	reason (damage, return of balances, marriage, loss, etc.) indicating the number and date of the write-off act	position, surname, initials	signature
1	2	3	4	5	6	7	8	9	10	11

Application No. 7
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(Chairman of the Court, Chief

administration of the Judicial Department in

subject of the Russian Federation)

___________________________________

(signature, surname and initials)

“___”_____________ 20__

checking the availability of writ of execution forms

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

carried out a check of the availability of forms of writ of execution and compliance

their number to the volume of received and issued forms of enforcement orders

_________________________________________________________________________

(indicate the results of the check, the reasons for the identified discrepancies,

list the series and numbers of the missing (lost) forms

writ of execution)

Commission members' signatures:

Application No. 8
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(Chairman of the Court, Chief

administration of the Judicial Department in

subject of the Russian Federation)

___________________________________

(signature, surname and initials)

“___”_____________ 20__

on the loss of forms of enforcement orders and their write-off

“___” __________ 20__ ________________

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

Checked for the availability of writ of execution.

As a result of the check _________________________________________________

found the absence of the following forms of writ of execution.

The measures taken to search for positive results did not give, in connection with which

we consider it possible to deregister and write off the lost forms

writ of execution (number of forms in order)

_________________________________________________________________________

Total _____________________ forms of writ of execution.

(in numbers and words)

Chairman

Commission members:

(signature) (surname and initials)

____________ (____________________)

(signature) (surname and initials)

Application No. 9
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(chairman of the regional and equal

him court, district (naval)

military court, federal

Arbitration Court, Head

administration of the Judicial Department in

subject of the Russian Federation)

___________________________________

(signature, surname and initials)

“___”____________ 20__

on write-off of damaged forms of executive

sheets and their destruction

“___” __________ 20__ ________________

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

made a write-off and destruction of damaged forms of executive orders

sheets (number of forms in order)

_________________________________________________________________________

Total _______________________________ forms of writ of execution.

(in numbers and words)

Chairman

commissions: ____________ (____________________)

(signature) (surname and initials)

commissions: ____________ (____________________)

(signature) (surname and initials)

____________ (____________________)

(signature) (surname and initials)

Application No. 10
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(chairman of the regional and equal

him court, district (naval)

military court, federal

Arbitration Court, Head

administration of the Judicial Department in

subject of the Russian Federation)

___________________________________

(signature, surname and initials)

“___”____________ 20__

on the destruction of forms of enforcement orders that have gone out of circulation

“___” __________ 20__ ________________

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

wrote off and destroyed the forms of writ of execution

_________________________________________________________________________

in total:

Things

(number in words)

Destruction method:

_________________________________________________________________________

(indicate the method by which the destruction was carried out)

Chairman

commissions: ____________ (____________________)

(signature) (surname and initials)

commissions: ____________ (____________________)

(signature) (surname and initials)

____________ (____________________)

(signature) (surname and initials)

Application No. 11
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(President of the District Court,

garrison military court)

___________________________________

(signature, surname and initials)

“___”____________ 20__

on write-off and transfer of forms of enforcement orders that are out of circulation

“___” __________ 20__ ________________

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

made a write-off and transfer of forms of writ of execution

_________________________________________________________________________

(indicate the series and number of the form, the number of forms in the interval)

_________________________________________________________________________

(number in words with series and numbers)

V _______________________________________________________________________

(name of department)

Chairman

commissions: ____________ (____________________)

(signature) (surname and initials)

commissions: ____________ (____________________)

(signature) (surname and initials)

____________ (____________________)

(signature) (surname and initials)

received the forms of writ of execution

_______________ (_________________________)

(signature) (surname and initials)

Appendix No. 12
to the Instruction on the procedure for providing
writ of execution and
their reception, accounting, storage,
use and destruction

APPROVE

___________________________________

(President of the District Court,

garrison military court)

___________________________________

(signature, surname and initials)

“___”____________ 20__

on write-off and transfer of damaged forms of writ of execution

“___” __________ 20__ ________________

Commission consisting of:

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

_________________________________________________________________________

(position, surname and initials)

made a write-off and transfer of damaged forms of writ of execution

_________________________________________________________________________

(indicate the series and number of the form, the number of forms in the interval)

_________________________________________________________________________

in total quantity: ________________________________________________ pieces

(number in words with series and numbers)

V _______________________________________________________________________

(name of department)

Chairman

commissions: ____________ (____________________)

(signature) (surname and initials)

commissions: ____________ (____________________)

(signature) (surname and initials)

____________ (____________________)

(signature) (surname and initials)

Position, surname and initials of the responsible person of the department,

who received corrupted forms of writ of execution

____________ (____________________)

(signature) (surname and initials)

Document overview

An instruction was approved on the procedure for providing writ of execution with forms and their acceptance, accounting, storage, use and destruction in federal courts of general jurisdiction and federal arbitration courts.

Regional and equal courts, district (naval) military courts, federal arbitration courts, departments of the Judicial Department in the constituent entities of the Federation are direct consignees of forms of enforcement orders.

Offices of the Judicial Department in the constituent entities of the Federation accept forms of writ of execution for the provision of district and garrison military courts.

Compliance with the procedure for providing, receiving, accounting, storing, using and destroying these forms is controlled by the chairmen of the courts, as well as the heads of departments.

Forms of writ of execution are produced by FSUE Goznak on a centralized basis by order of the Judicial Department under the Supreme Court of the Russian Federation according to the model approved by the Government of the Russian Federation. They are not strict reporting forms.

Writs of execution shall be kept in locked metal cabinets, safes and (or) in specially equipped rooms in conditions that exclude access by unauthorized persons, their damage and theft. In case of their loss, the responsible employee of the apparatus of the court, department immediately informs the chairman of the court, the head of the department.

This instruction can also be used in organizing the activities of justices of the peace.

After receiving a writ of execution for the recovery of funds, the recoverer can independently engage in its execution:

by presenting it to the bank where the debtor's settlement account is opened, having previously received information from the tax authority about the debtor's open accounts;
or by presenting a writ of execution to an organization or other person paying wages, pensions, stipends and other periodic payments to the debtor, with knowledge of the place where the debtor received periodic payments and provided that the amount of the debt does not exceed twenty-five thousand rubles or the subject of execution is the collection of periodic payments.

Unfortunately, independent tools are unreasonably scarce, and independent execution often turns into a cat-and-mouse game with the debtor, when money “walks” through the debtor’s accounts, depending on where the creditor has presented the writ of execution.

In the absence of reliable information about the availability of funds on a specific settlement account of the debtor, seeking help from bailiffs seems to be the most correct.

So, if on your own means always quickly, but far from always effective.

Presentation of a writ of execution to the bailiff service

You will be doomed to a certain red tape, but at the same time, you will receive all the tools provided by law for the enforcement of a writ of execution.

Enforcement proceedings are initiated no later than 6 days from the date of receipt of the writ of execution by the bailiff service. The debtor, as a rule, is given a 5-day period for voluntary performance. That is, after 11 days, active work should begin on your sheet.

The functional content of such work depends on you and the specific situation. The bailiff, in practice, is likely to limit himself to requests to the Unified State Register of Real Estate Rights about registered rights to real estate and information about the debtor's accounts.

The Federal Law "On Enforcement Proceedings" provides for a two-month period from the date of initiation of enforcement proceedings for the execution of the requirements contained in the executive document. The term is not restrictive, but within its framework, the bailiff must perform the minimum amount of work aimed at the execution of the judicial act.

If you have information about the presence of property in the property of the debtor, which can be foreclosed, do not forget to indicate the need for his arrest in the application for initiating enforcement proceedings. In order to prevent foreclosure on property, debtors very often "sell" all their property, while remaining its actual owner.

Below we provide a minimum list of what the bailiff must do in any enforcement proceedings (on his own or at your request)..

What should be done by the bailiff

To identify the property of the debtor, the bailiff must send inquiries regarding the debtor and his wife to the following registration and other authorities:

district inspection of the Federal Tax Service of Russia at the place of registration of the debtor on the numbers of settlement, current and other accounts, on the name and location of banks and other credit organizations in which accounts are opened; on the accrued taxes and on the objects of taxation of the debtor for the last 3 years.
control Pension Fund Russia at the place of registration of the debtor on deductions from employers in favor of the debtor;
commercial banks in the city district of Voronezh on the presence of open settlement, current and other accounts in the name of the debtor / availability of funds on them;
registering the tax authority on the participation of the debtor in legal entities;
control Federal Service state registration, cadastre and cartography on the presence of registered rights to real estate and transactions with it;
regional BTI on the rights to real estate registered before 1998, as well as on the primary tech. inventory of real estate objects carried out after 01.02.1998;
traffic police department on registered vehicles;
the department for organizing licensing and permitting work of the Central Internal Affairs Directorate in the relevant region on the presence of registered weapons (self-defense, hunting, collection);
Department of State Technical Supervision on registered self-propelled and construction equipment;
the center of the State Inspectorate of Small Boats of the Ministry of Emergency Situations of Russia on registered small boats and bases (structures) for their parking;

Taking into account the information received at the request of the bailiff, the bailiff is obliged to carry out visits and inspections within the time limits regulated by law, as well as to conduct an inventory and arrest of the debtor's property, funds; assess the seized property and organize its subsequent sale.

Also, do not forget to petition the bailiff for a temporary restriction on the debtor's departure from the Russian Federation and to extend this measure of enforcement once every six months.

Supervision of the work of the bailiff

When presenting a writ of execution to the bailiff service, it is necessary to understand that in order to fully study the situation, it is necessary to control the course of enforcement proceedings, otherwise the only thing that will be done is a decision to initiate enforcement proceedings.

The exactor must be notified about the initiation of enforcement proceedings, the seizure of the debtor's property, its transfer for sale, the postponement and suspension of enforcement proceedings, the termination of enforcement proceedings and its completion, and the commission of other enforcement actions.

Simply put, the law obliges the bailiff to notify you of almost any action taken as part of enforcement proceedings.

Violation of this requirement makes it possible to appeal (dispute) the inaction of the bailiff.

In addition, the law obliges the bailiff-executor to be proactive. For example, when the debtor evades registration of property that can be foreclosed on, and the debtor has no other assets, the bailiff-executor has the right (Article 66 of the Federal Law "On Enforcement Proceedings") to perform state registration of the debtor's rights to property and subsequent foreclosure on that property. Please note that the control function, as well as the collection process itself, can be transferred to .

Non-execution by the bailiff of his rights (inaction) can also be challenged.

Appealing (challenging) actions / inactions of the bailiff

To induce to commit performing actions, you can appeal or challenge the actions (inaction) of the bailiff of the performer. The Law on Enforcement Proceedings describes in detail the procedure and deadlines for filing a complaint, establishes requirements for the form and content of a complaint.

An appeal is a procedure that consists in filing a complaint in order of subordination to a superior, in relation to the bailiff-executor official.

Also, the actions (inaction) of the bailiff may be challenged.

Challenging is the same procedure, only the question of the legality of an action (inaction) is decided not by a higher official, but by a court.

Contestation differs from appeal in that it is carried out through the judicial authorities. It is noteworthy, but the terms for contesting differ depending on which court the actions (inaction) of the bailiff-executor are contested. The term for challenging the actions (inactions) of the bailiff in the Arbitration Court is 3 months. The term for challenging the actions (inactions) of a bailiff in a court of general jurisdiction is 10 days.

To increase the efficiency of bailiffs on your writ of execution, it is impossible to neglect such a tool as contestation (appeal). As a rule, after filing a complaint, bailiffs-executors independently eliminate the violations committed.

Recovery of damages

Do not forget about such a method as from the treasury of the Russian Federation of losses incurred due to illegal actions (inaction) of the bailiff.

In all cases when, due to the illegal behavior of an official of the bailiff service, your chances of receiving a debt from the debtor have decreased or become equal to zero, you can apply to the court with a demand to recognize the actions (inactions) of the bailiff as illegal and to recover damages.

The classic cases when you should go to court with the above requirements are:

Violation by the bailiff of reasonable time limits for seizing the property or property rights of the debtor, in connection with which the foreclosure of such property or property rights became impossible. For example, funds were received from counterparties to the debtor's account after the initiation of enforcement proceedings. After two months of enforcement proceedings, all funds from this account were withdrawn by the debtor, and the bailiff seized only when the account became zero.
Loss of property by the custodian chosen by the bailiff.
For example, when transferring property for auction, it turned out that it was lost by the custodian for any possible reason, and such a custodian was chosen by the bailiff himself.
Disposal of property from the debtor's possession due to illegal actions of a bailiff.
For example, an arrest was made on the debtor's property, but later this arrest was groundlessly removed by the bailiff himself, and the debtor's only liquid property was sold, and the exactor lost the actual possibility of execution.

Despite the apparent simplicity of the execution of a court decision, in practice, without qualified assistance, it is difficult to achieve real execution.

Be prepared for the fact that having applied all enforcement measures to the debtor, you may never reach the real execution. It is possible that your debtor, even before entering into a contractual relationship with you, for example, was “a goal like a falcon” and he simply does not have any assets, and, therefore, the ability to pay off.

It's time to think about and assess your risks in advance.

Earnings on shares

Although a citizen is a shareholder, he has every right to receive a part of the income from the work of the organization / company whose shares he has acquired. Incomes are of the type of dividend payments and can generate income throughout the life of the investor. Of course, if large companies, for example, such as Rosneft or Sberbank. But only ordinary people rarely know how to buy and how to make money on Gazprom shares for a private person.

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Legally, the spread of the coronavirus could be the reason for the return of the tour package. At the same time, the travel agency must compensate the client for 100% of its price on the basis of Art. 14 of the legislation "On the basics of tourism activities in the Russian Federation". This legislation says that a citizen will be able to demand the return of the full amount of the purchased tour package to a country where a trip is considered a danger to his well-being and life.

Making a refund for a ticket due to coronavirus

For a quick and timely return of finances for a tour package that you could not use, you need to contact a travel company and personally provide a written application about this.

The law does not impose special conditions on the application form, so it can be handwritten or printed on a printer, but the client’s signature must be.

The more time before the tour, the more chances to return your own money without difficulties. How much money you can return depends on how the travel agency processed the order and whether it booked a hotel, cafe, or other services.

If the consumer has decided to cancel the trip and return the funds, the travel agency must confirm their own expenses, which they have actually incurred. Businessmen organizing a tour are not entitled to insistently ask for compensation of theoretical expenses. To confirm their own expenses on the part of tour operators, they must provide the originals:

tickets purchased for a specific client;
certificates, hotel booking with a mark of the entire list of services performed;
orders, payment made in reality - for food, service as a transfer from the airport; insurance payments for all types of insurance for a specific client in the country of location;
advance payments for all types of services.

All these and other types of services must be actually paid on the day of treatment. The travel agency is not entitled to insistently ask for a non-refund if the costs are laid down as dangers or as potential payments. Such payments are assigned to the contractor conducting its own commercial activities, taking into account personal business risk.

Determining the return amount

The amount to be refunded for a canceled trip depends on the factor in which this decision is made. A valid root cause allows you to receive all the finances paid.

However, the customer does not always require the receipt of their own money. It is likely that the date of departure will be changed to another date agreed by the parties. At the same time, when the travel agency has already incurred certain expenses, it will reimburse its own expenses from the funds paid. This provision is expressly included in Art. 32 of the Federal Law on consumer protection.

The agency will try to protect itself from possible financial losses, as a result, it takes into account the withholding of compensation from its own customer.

Therefore, it will not be easy to achieve 100% compensation of funds, since the company has already been able to pay for hotel reservations, insurance payments and other expenses.

Remember! A number of tour operators include in the contract such requirements as:

if the trip is canceled for 30 days or more, the entire amount of the trip is subject to compensation;
when the refusal is made in 20-25 days, 90% is supposed to be issued to the customer;
in 2-3 weeks - 70%;
for 1-2 - 50% of the cost;
when less than 7 days before departure - the customer loses all the money.

These requirements are considered indicative. Each travel agency includes in the contract points that are considered important. If the trip is interrupted due to a travel agency, the finances for the ticket are subject to compensation in full.

However, in practice, this rarely occurs, since there are aggrieved clients a large number of, and the travel agency has already incurred embezzlement. In this case, the failed tourist will receive less from 5 to 25% of the total cost.

When to go to court

How to reimburse the finances for a tour if the travel agency, in the opinion of the client, clearly unfairly limited the payment or even deviated from it? In this situation, you should look for a competent lawyer for economic conflicts or directly in the field of service provision and consumer protection.

Another option is to contact the state structure - Rospotrebnadzor. In the latter case, a check can be made, and the company will be obliged not only to compensate the cost, but also a fine to the state if it acted illegally.

If the cancellation of the tour was carried out in advance, then according to the requirements of the contract, signed and secured with a seal and signatures, the return of funds must be mandatory.

Among the finances to be returned are all expenses actually not incurred by the travel agency. Such a list may include the return of finances for excursions, meals, hotel reservations. The general list is not limited.

Returning a ticket to a travel agency is not the only way out of the situation. The customer can also be offered to reschedule the dates of the trip. This is the most painless and satisfying method for both parties to end the dispute.

If you need to return finances for a previously paid ticket, you should immediately contact the agency and tell all the problems. If it is not possible to contact directly, use the services of friends or family members, or the services of a lawyer to negotiate with a travel agency.

If even after 1-2 months it is not possible to plan a trip, then the question arises whether it is possible to deviate from the tour and reimburse the finances. The legislation upholds the right of the consumer to withdraw from the purchase of travel offers. But at the same time, he also has an obligation to pay the expenses incurred by the travel agency.

If the conversations lead nowhere, the state will need to be involved - a transition to Rospotrebnadzor or to legal proceedings. Appeal to legal proceedings will make it possible to cover finances from intractable businessmen. However, it is worth taking into account other risks - the time spent on legal proceedings or financial waste on representing interests by a lawyer.

Important!

Call 8-800-777-32-16.

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Rights of a surviving spouse in legal inheritance

In general, the rights of a spouse during the inheritance of the property of the late husband / wife are no different from the rights of other heirs of the same line. However, it is necessary to note an exception, according to which all those things that were acquired by a married couple during their family life, have a special status. After all, all the property that was legally and financially acquired during family life is joint, that is, common property, in which there are no certain shares of each of the spouses.

With all this similar status property does not apply in any way to situations where an agreement on legal relations between a husband and wife is drawn up. This also leaves some imprint on the rights of the still living spouses in terms of the inheritance, as well as in terms of the procedure for its registration.

The rights and features of the actions of the spouse in case of legal inheritance

Features of the rights of spouses in the process of hereditary relationships follow from the regimes of division and disposal of things that operate during the marriage of spouses. For example, the legal operating framework provides for the operation of two regimes: a contractual regime and a legal regime.

In the contractual regime, after the death of one of the spouses, the role of a property agreement begins, which was concluded by the husband and wife during their lifetime. It is the property agreement that will determine what the husband is entitled to inherit or what the wife will get. Such a contractual regime makes it possible to determine the complexes of the property for which an inheritance will be opened after the death of a spouse.

In the case of the work of the contractual regime, the spouses have equal rights to property if it was bought during marriage, that is, during marital relations. In this case, the inheritance will be opened only to the share of the deceased spouse, but this share still needs to be allocated.

Spousal share in inheritance

Here it is worth considering that the recognition of the rights of a living spouse to the property of the deceased spouse does not depend in any way on the views, actions or opinions of the other heirs. After all, the spouse has the right to allocate his own share, as well as the right to receive a share in the inheritance that appears after the death of the second spouse.

This right can be seriously limited if there is a written will of the deceased, in which he says exactly how his property should be stripped. Also, rights may be limited if, in a written declaration of will, the deceased spouse generally excluded the living spouse from the list of heirs. And, finally, the rights of a living spouse can be severely curtailed if the living spouse was determined by the relevant authorities as an unworthy heir.

Spouse's rights during inheritance

In general, all the rights of a spouse in hereditary relationships consist of two types of rights. It is a combination of rights such as the right to inherit as well as the right to property.

The spouse who has outlived his soul mate also retains ownership of 50 percent of all the property that amassed and appeared within the family during the joint family life of the spouses. This moment comes out of the institution of marriage, plus it is enshrined in both civil and family codes.

The right of inheritance here lies precisely in the fact that the surviving spouse is usually called for compulsory inheritance not alone (but this applies only to those cases in which there are either obligatory heirs or heirs of the first stage), and here there is a moment of realization of his inheritance rights to general grounds. The share of the estate of the living spouse will mainly depend on the total number of heirs, and the share of the estate for the spouse will be equal to the shares of all other persons of the same line.

Rights of ex-spouse

According to the law, divorce is the exclusion of any status between already ex-husband and wife. That is, in other words, the husband and wife become strangers. And, as a result, the ex-spouse is not the heir and is excluded from inheritance unless the following exceptions work:

the deceased spouse left his former soulmate as one of the heirs;
the deceased spouse has children under the age of 18 from the former spouse, and he, since he has become the representative of the children by law, will have to accept their inheritance share;
the former but surviving husband/wife was dependent on the deceased wife/husband at the time of his death, due to which he may have full rights to receive a mandatory share.

You can’t even talk about shares within the framework of common property during inheritance for an already former spouse, because during a divorce, all property is divided both through judicial proceedings and on a voluntary basis.

In the event that there is no division and there will not be, then all property, but, first of all, real estate, will be considered as the property of the spouse in whose name the property was registered.

Important! For all questions, if you do not know what to do and where to turn:

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The term will in the legal acts of Russia?

The term will in jurisprudence has many definitions.

A will is an act of the unilateral will of a person, which fixes his order regarding the sale of property and related personal non-property and property rights and obligations in the event of death. It is a unilateral transaction, as a result of which the testator leaves behind a fixed order in writing, where the future fate of the owner's property after his death is decided. The document is recognized as a unilateral transaction because the originator independently chooses the second subject of legal relations - the successor, heir, who learns about the fact of a possible transfer of property after the death of the originator of the paper. Information about the term and the main points of the will is contained in Art. 1118 of the Civil Code of the Russian Federation. Chapter 62 of the Civil Code of the Russian Federation is devoted to its main provisions and principles of compilation and implementation on the territory of Russia.

The document is drawn up in writing, the use of printing equipment is prohibited. Electronic versions of the document are not allowed.

The form of drawing up and the procedure for certifying a document is dictated by the type of will.

The paper represents the process of inheritance by will. In the event that a person did not make it during his lifetime, then after his death his property will be sold according to the law in accordance with family queues, which are sorted from relatives on the basis of blood.

Two types of inheritance are united only by the possible presence of a mandatory share in property for a certain social category, which may include, for example, dependents or people with disabilities. Even if the compiler did not mention them in the will, they will still be allocated a share through the court in accordance with the regulatory legal acts of Russia, namely, Art. 1149 of the Civil Code of the Russian Federation.

How to inherit by will?

Entering into an inheritance after death by will is a complex process in which the successor must be extremely careful in order to prevent possible fraud, which in conditions modern world occurs quite often.

In order to enter into the inheritance, a person needs to come to a notary after the death of the compiler of the will and the announcement of the text of this paper. The law allocates a certain time period for this, which should be observed, since after its expiration the right to join is closed.

Art. 1123 of the Civil Code of the Russian Federation speaks of the secrecy of the will, that is, a relative or other possible heir may not know about his position, which is why he will have to contact a legal specialist to approve or refute his status.

The procedure for entering into an inheritance is as follows:

Collection of papers.
A trip to the notary, which is assigned to the last address of the deceased.
Drawing up an application for further entry into the inheritance.
Payment of the state fee for conducting a legal operation.
Obtaining permission to enter and accept property, which will be confirmed by a special paper.

If a person during his lifetime drew up a closed type of will, then his text is read out by a specialist in front of relatives and witnesses only after 15 days from the date of death.

How long does it take to inherit by will?

To enter into an inheritance, a Russian citizen is given a period of 6 months, during which it is necessary to formalize the transfer of property. If a person misses this time period, he has the opportunity to restore it by going to court, but only for good reasons. These may be:

Ignorance about the death of the compiler of the administrative document.
A disease in connection with which a person spent a long time in a medical institution.
Living or traveling to another country and the inability to leave it due to circumstances.
Misunderstanding and ignorance of the Russian language.

Documents that are evidence are required to confirm the reasons. In accordance with them, the period is extended for another six months.

Documents for entering into an inheritance by will?

To enter into the inheritance, the notary will require the following documents:

A paper confirming the fact of the death of a citizen, which must be obtained from the registry office.
Document proving the identity of the heir.
Statement of the desire to obtain property.
A paper confirming the last address of residence.
Administrative document.

How to inherit without a will?

In the event that after the death of a person it turns out that no will was drawn up, the procedure for entering into property according to the law in accordance with related queues will be slightly different:

Appeal to a notary. He will help you collect Required documents that we mentioned earlier.
Appraisal of the property of a deceased person with the help of specialized companies.
Payment of state duty.

In this case, a person can apply to any notary, regardless of the address of residence and registration of the deceased person.

The term for entering into the inheritance is the same - 6 months, but an extension is possible if there are good reasons for missing the time period.

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What does representational inheritance mean?

The right of grant (PP) is the opportunity for descendants to become official and fully entitled heirs instead of their parents upon the death of the parents before the person who left the ancestral property. For example, if the son of a deceased father died earlier than he did, while leaving children behind, then during the distribution of the inheritance, part of the property belonging directly to him will go only to his children, who are the grandchildren of the testator (that is, the deceased grandfather). This is one of the classic examples of inheritance by grandchildren of inherited property in the PP.

But in life there are a large number of situations in which there are no heirs of the first stage. In such situations, the potential heirs are the sisters and brothers of the deceased. If one of the sisters or brothers died earlier, while leaving children, the nieces or nephews of the testator, that is, the children of the deceased brother, can enter into inheritance rights under the PP.

PP is also used in relation to those relatives who occupy the third line of inheritance. In such cases, cousins and brothers may enter into their legal inheritance.

Under what conditions does PP inheritance work? How View Inheritance Works

The provision of the law on inheritance under PP is used under several conditions:

The death of the mother or father as direct heirs occurred either simultaneously or before the death of the grandmother or grandfather (testators). This provision refers to one of the first stages of inheritance, however, it is given to illustrate the application of inheritance schemes for PP in practice.
The deceased direct heir was not recognized by the court proceedings as unworthy.
No will was left.
The presence of any family ties among the participants in the inheritance case, which, by the way, must be documented without fail.
The deceased heir was not a relative of the first line of inheritance, but there are no applicants ahead of him from the line above.
The deceased heir did not receive the part of the inheritance due to him as one of the mandatory shares.

All of these conditions are among the most common in terms of representational inheritance.

By right of representation and hereditary transmission

In the process of distribution of inherited property under the law (if, in other words, we are talking about cases where there is no will), at the level of legislation, 6 groups of relatives have been created with inheritance rights. With all this, priorities are given to higher groups of relatives and kinship ties.

For example, if there is at least one applicant for inherited property from the first priority, all other relatives belonging to subsequent queues will receive nothing at all.

Relatives of only 1-3 stages are able to claim inheritance on the basis of PP. As in ordinary queues, the further a relative is in line, the less likely he is to get at least something.

When inheritance under PP is impossible

Life is far from always fair, especially when it comes to inheritance under the PP. And such inheritance is not carried out in two situations: within the framework of judicial proceedings or by law. It is worth considering both situations in more detail.

In law

Grandchildren are not able to become heirs in such cases:

The living parent is the one who gets the share of the inherited property.
The parent died almost immediately after the inheritance was opened.
In the will, the principal heirs were disinherited.

As part of the court proceedings

This point is manifested in the event that it is documented and proved in court that the direct heirs have become unworthy heirs. And they can be unworthy as a result of the following actions:

Lack of care for a deceased parent.
Evasion of any financial payments relating to the maintenance of parents, especially if these payments were made by the court.
The use of any violent actions, as well as the use of the psychological and physical population in relation to direct heirs for the sake of their refusal to inherit.

Summing up, it can be noted that entering into inheritance on the basis of the right to grant is a certain mechanism for the distribution of property and assets of the testator between his descendants in the event of an earlier death of direct heirs from 1-3 lines. It is also important to pay attention to the Civil Code of the Russian Federation inheritance by right of representation and to those points that relate to these relationships.

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The concept of inheritance by adopted and adoptive parents by law

Legislators leveled adopted children and any other kind of kinship regarding descent. Inheritance by both adoptive parents and adopted children is carried out on the basis of general procedures, and such persons belong to the heirs of the first stage.

The rules of kinship apply both to adopted children and parents, and to their offspring, including also those children who were adopted at a later date. According to the norms of law, the definition of the established queue proceeds from the general legislative principle inherent in the consanguineous parents and children.

Adoption by adoptive father and mother deprives not a native, but an adopted child of any rights to inherit from relatives, that is, biological parents, and also from other relatives related to each other by at least the same origin.

There are a large number of circumstances that allow an adopted child to maintain important ancestral ties with blood relatives, which also gives him an excellent opportunity to become one of the bearers of inheritance rights in the distant or near future.

As a result of all this, an adopted person will be able in due time to become a full-fledged heir, and an heir both for adoptive relatives and for those relatives who were part of his former family.

Special attention in the process of inheritance is attracted by the processes related to the confirmation of the relationship that the adopted children have. In common practice, there are those cases in which a separate difficulty in proving kinship appears both in relation to relatives and in relation to adoptive parents.

Rules of Inheritance by Adopted Persons and Adoptive Parents

Even those who are adoptive parents or adopted are legally entitled to be heirs.

Until 1996, the rights of those children who were adopted must be confirmed by an appropriate decree issued personally by the administration of the region or district. However, according to updates in the family code, if a person received the status of an adopted child after 1996, this fact can be confirmed by presenting an appropriate court order.

The presence of an appropriate document, whose form is determined by the date of adoption, allows the adopted citizen to receive all those duties and all those rights that were provided for relatives, that is, for blood children.

It is also worth considering that adopted children are representatives of the heirs of the first stage in relation to those parents who act as adoptive parents. Both future and current descendants of the adoptive parents are blood members of the family for the adopted, which also gives them equal rights in terms of inheritance.

The provisions and norms of the Family Code define the general rules according to which adopted children are deprived of any rights if the testators are blood parents or relatives of blood parents, and the deprivation of rights occurs at the time of the actual adoption of a person. That is, an adopted citizen will not be able to accept any inheritance if it is left after the biological parents. However, this rule is distinguished by a large number of different exceptions.

Inheritance exceptions. How do adopted children receive inheritance?

These exceptions include the following:

The child was adopted after both of his parents died.
All those situations in which, after the death of one of the parents on the part of any close relative, all rights are preserved even after the child has been adopted. Among such close relatives, for example, grandparents can be distinguished. As a result, the adopted person is quite capable of becoming the heir to his grandmother or grandfather in exchange for the deceased parent. However, it is worth considering that such a rule is regulated by inheritance based on the right to represent.
Adopted a child new spouse living parent, and this is the spouse who is remarried. The property relationship between the child and the parent does not stop at the same time.

Adoptive parents may have a general range of different rights regarding the inheritance of the property of those children who were adopted by these parents. And this, among other things, means that they also refer to the heirs who come first in line.

Inheritance rights of adoptive parents and adopted children. What can adoptive parents get?

As noted above, the rights of those heirs who are adopted children or adoptive parents are equal. Also, all these and other points are noted in the provisions of Article 1147 of the Civil Code of Russia, since they establish certain procedures for the inheritance of property by adopted children, as well as by those citizens who are adoptive parents.

But, of course, such provisions require confirmation of the facts of adoption. And such a check should be carried out by qualified notaries with relevant experience.

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How inheritance is regulated by law

According to the norms and laws of the Civil Code of Russia, all real and all movable property of the testator, as well as all his property rights, will have to be transferred to the heirs of the first stage. If there are no such relatives, relatives of the next stages go, but on the condition that the owner of the property has not expressed his own will regarding the distribution of property within the framework of the will.

The procedures for the distribution of hereditary property are defined and regulated by some articles of the 63rd chapter of the Civil Code of Russia.

Who are the heirs of the next stage, what are the features of heirs and inheritance

The civil code defines the concepts disclosed in the commentary to article 1145 of the same regulatory legal act.

The current laws of the Civil Code of Russia, including the institutions of inheritance, in most cases are based on the principle of Roman private law. For example, the determination of the degree of kinship between the ancestral party and its numerous descendants depends on the total number of generations.

Modern laws of the Civil Code of Russia provide similar rules for determining kinship by counting the total number of births that have occurred since the birth of the testator and before the birthday of the heir, whose degree of kinship is subject to mandatory establishment.

The presence of as many as seven lines of inheritance is a novelty of the modern Civil Code, because all previous versions of this act of lawmaking do not have more than 4 levels.

Increasing the circle of persons by adding several lines of inheritance speaks of strengthening civil property rights, in the form of one of the key fundamental constitutional principles of the inviolability of property.

What rights do those persons who are heirs of all subsequent stages have

The sequence of acceptance of inherited property is a sequence regulated by law, according to the rules and basic principles of which the inheritance is transferred from the testator to relatives, provided that there is no will.

In the event that the heirs of the first category did not or could not exercise their rights within a certain and allotted by law period, all property rights and property of the testator pass to the relatives of the next stage.

The implementation of inheritance rights to inherited property by at least one relative from the previous stage automatically deprives all representatives of all subsequent stages of any opportunity to receive inherited property or even at least part of it, because the distribution of inheritance between relatives of different stages is not provided for by the norms of the current legislation.

Under what conditions inheritance rights are transferred to relatives of subsequent stages

So, the heirs of each successive order inherit if it is legally possible. According to the norms of the legislation, the right to receive an inheritance passes to the representatives of each successive stage, subject to the following conditions:

Absence of successors of the previous line.
The heirs of the previous stages were deprived of their rights both by the testator and in accordance with the law.
The heirs of the previous stages refused to accept the inheritance or did not accept it.

In this case, the refusal to accept the inheritance is carried out with the help of an appropriate application, in which there is no indication of the one in whose favor the refusal was made. And in case of non-acceptance of the inheritance, there are no statements at all.

Representatives of the heirs of the next stages. Order of succession

So, after the third turn, the following turns come:

Fourth: great-grandmothers and great-grandfathers of the testator.
Fifth: great-aunts / grandfathers / grandchildren / granddaughters. Also, the same line includes the grandchildren of brothers and sisters of the testator.
Sixth: grandchildren of sisters / brothers / uncles / aunts of the testator, and also sisters / brothers (cousins) of the testator's parents.
Seventh: such non-native relatives as stepdaughter, stepson, stepmother and stepfather.

The peculiarity of the seventh stage is that its representatives are not blood relatives for the successor party. Of course, relatives of the seventh stage will be able to receive an inheritance only if relatives and possible future heirs for some reason cannot receive an inheritance or refuse it.

How is property distributed among the heirs of subsequent stages

According to the law, property must be distributed among the heirs of the same order equally. But it is important to consider whether the property was the property of the testator, or whether it was joint common property acquired during family life.

After all, if we are talking about private property, there will be no problems, because all those persons who are heirs of one line will receive property in equal shares. If this is common property, then it is necessary to separate the part that really belongs to the testator from the part of the property that belongs to the spouse. That is, in the end it turns out that the common property received or acquired during the marriage will be divided into two equal shares.

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Inheritance law is the very area of law that regulates the transfer of property obligations and rights from a deceased citizen to his official successors.

Inheritance by law according to general rules

According to some articles and provisions of the Civil Code of Russia, inheritance under the current legislation is a certain procedure during which the process of transferring the inheritance and its execution takes place within the established norms and rules.

The established procedures are also used in cases where the will of the testator is either missing or invalid, and also in all those situations when the heirs indicated in the documents refuse to enter into the legal inheritance.

The key principles of inheritance within the framework of the legislation are the formation and operation of certain queues, which are the basis for entering into an inheritance. For example, heirs of subsequent stages can enter into an inheritance and receive property only in cases where all previous heirs either inherit or voluntarily refuse to enter into inheritance rights.

The definition of inheritance within the framework of the legislation includes objects and subjects, and both the object and the subject have both their own essence and their importance. The subjects of relationships within the framework of the inheritance are expressed as individuals, that is, heirs. As for the object, objects within the framework of inheritance are presented as inanimate objects, that is, as property. Moreover, property can be both movable and immovable. Among other things, objects can be monetary units, as well as certain duties and rights. If there are no objects for inheritance, then in this case the inheritance processes themselves are lost, and their definition, essence and meanings are also lost.

The relevance and importance of the very topic of inheritance in accordance with the norms of the law will never decrease. This is due, first of all, to the fact that many subjects almost constantly enter into such relationships, and in such relationships, different nuances and conditions take on a separate meaning. Here, legal nuances and problems of inheritance on the basis of legislation still have a certain meaning.

General provisions of inheritance, as well as the grounds and rights of the inheritance process on the basis of legislation

The grounds for subsequent entry into various objects of inheritance come into force only at the time of the death of the testator, and it is from this moment that the established and regulated periods of limitation begin to count. This fact is the basis for two legal bases, that is, for inheritance on the basis of a will and for inheritance on the basis of the norms of the current legislation. With all this, inheritance on the basis of a will will always be a priority.

In order for there to be legal grounds for entering into inheritance, it is important to make sure that there are some factors:

The existence of a marital relationship between the heir and the testator. Moreover, we are talking about those relationships that are fixed by the norms of the law, and also confirmed by the relevant documentation.
The presence of any other family relationship between the person and the testator.
The presence of the very fact that a person is dependent on the testator at the time of his death.

In order to be able to receive an inheritance, it is mandatory and only documented to confirm the existence of family relationships. These can be passports, birth certificates, a certificate from the registry office, as well as other documents. With all this, it is important to know that no other reasons, such as testimony, will be taken into account.

Functions and basic principles of the transfer of property by inheritance

Key functions, principles, as well as the provisions of inheritance are fixed in various provisions, clauses and articles of the Civil Code of Russia. The key principles for this include the following:

Inheritance as a legal procedure that is applied only in cases where any conditions of inheritance are not changed by the testator in the framework of the will.
The exhaustive circles of heirs capable of inheriting property on the basis of the law, as well as the share of such property, are determined by law and the norms of the Civil Code of Russia.
The norms of the current legislation establish mandatory sequences designed to regulate the procedures for the entry of citizens into the inheritance, depending on the level and degree of kinship between potential candidates for inheritance and the deceased testator.
All those heirs who belong to the same order are distinguished by the same property shares, as well as the same property rights to certain property.
Those individuals who are recognized as disabled inherit property in a legally binding manner, and this moment does not depend in any way on how far such relatives are in the queue.

All these and other moments of inheritance of both residential and non-residential property are mandatory and are subject to consideration at the time of the death of the testator.

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The secrecy of a will is a procedure prescribed by law for the preservation of data about the testator, as well as about the will itself.

What is a will?

Who is a notary?

A notary is a legal specialist who has the right to perform notarial acts. He has extensive powers, for example, checking documents, assisting in the preparation of a will and subsequent assurance, and even storing paper.

Due to the presence of a lot of rights, a notary also has quite a lot of duties, in particular, keeping the secret of the will.

What is a secret will?

Secrecy of a will in inheritance law is the intangible right of the subject of a unilateral transaction to maintain the secrecy of the conditions and moments specified in the will.

For some people, a legal phenomenon is considered a right, for others it is a duty.

The secrecy of a will extends to all individuals, regardless of their status. In connection with Art. 1123 of the Civil Code of the Russian Federation, this obligation must be observed by all persons who know information about the will. These are the notary, the spouse of the person whose will is recorded on paper, and other persons present at the time of drawing up or during the certification of the document.

In other words, the secret of the will is the preservation by people of all information about the will of the individual.

The need to apply the secrecy of the will from inheritance law is dictated by the person's choice of the type of document execution.

There are two types of wills: open and closed types. Both of them force people to keep a secret, while in the case of a closed will, they do not even have the opportunity to find out information about the essence of the document.

With a closed type of will, the essence of the paper is written exclusively by the person whose will the document will carry out. The paper is drawn up in writing, after which it is placed in an impenetrable envelope and handed over to the notary. However, he does not know what information is stored inside the convolution. The document is enclosed in another envelope, which already contains all the information about the legal document necessary for the paper to become legal after the death of a person. No other persons know about the design of the paper if the person himself does not decide to tell his relatives about it.

When drawing up an open will, the notary knows its essence and all the information that is written in the document. The paper can be certified and drawn up in the presence of people close to the person.

If, when creating a paper, pressure is exerted on a person, which later, after his death, will be proven and officially confirmed by law in the person of the court, the paper will not be able to acquire legal force. Property that could not be realized on the basis of a will will be inherited by legal successors in accordance with the legal family lines that exist in inheritance law.

Judicial practice regarding the secrecy of a will draws the attention of citizens to the fact that the obligation extends not only to the information and essence that the document contains, but also to the very fact of drawing up the paper. People close to a person who has wills do not have the right to disclose even the very fact of drawing up and will with a legal specialist paper. The action will be recognized as unlawful and, in accordance with this, legal liability of an administrative nature may be applied to the person.

Secrecy principle?

Based on civil law, it is possible to single out a number of principles of the secrecy of the will, which, in connection with the existing regulatory legal acts of the Russian Federation, form the basis of inheritance law.

People who know any information about a will drawn up by a relative or another person do not have the right to inform other people about it.
A person who has fixed his will on paper is not obliged to notify the successors indicated in the document about this phenomenon. He has the right not to disclose information about the essence and the very fact of drawing up the paper, but this is not his duty.
In connection with the document on the preservation of the secrecy of the paper, the notary has no right to disclose information about it.
For violation of secrecy, the victim can sue for compensation.

Violation of the secrecy of the will?

Violation of the secrecy of a document entails legal liability in the form of an administrative penalty in connection with Art. 13.14 Administrative Code of the Russian Federation.

But if the illegal action led to irreversible consequences, because of which people suffered, the punishment will be criminal in nature under Art. 137 of the Criminal Code of the Russian Federation.

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Inheritance of escheated property is the fact of the transfer of objects of property of the testator to state property, as well as in the property of the subjects of the state and its municipalities.

Definition - article 1151 of the Civil Code of the Russian Federation inheritance of escheated property

In the literature, there is the term "escheat", which, both in the legal aspect and in the aspect of law, can be diluted with various legal grounds, ranging from the absence of legal heirs and ending with a will. It can also be the deprivation of persons of the right to inherit property, because they may be recognized as unworthy.

According to article 1151 of the Civil Code of Russia, the property of the testator is escheated in several cases:

The complete absence of heirs by law (articles 1142-1150 of the Civil Code of Russia) and by will (articles 1119-1121 of the Civil Code of Russia).
None of the heirs have inheritance rights, or they have all been excluded from inheritance for good reasons. This moment is regulated by Art. 1117 of the Civil Code of Russia.
Inheritors do not accept inheritance objects.
The heirs decided to renounce the inheritance on their own, and none of the heirs indicated that he had decided to renounce the inherited property in favor of the other heirs.

Also, the inherited property is escheated even if it is a part of the designated property. Even if, within the framework of Article 1151 of the Civil Code of Russia, there are no rules indicating whether the property of the testator is capable of being escheated in part or in full.

The state may be called upon to accept inheritance only in cases where, on the basis of the law, the property has been recognized as escheat, and it is also a special heir that does not belong to any of the queues. According to paragraph 1 of article 1152 of the Civil Code of Russia, any refusals from the state are unacceptable.

Heirs of escheated property - p order of inheritance of escheated property by a municipality

The Russian Civil Code provides for exhaustive lists of all those heirs who accept escheat inheritance. According to paragraph 2 of Article 1151 of the Civil Code of Russia, the following can become heirs of escheated property:

Subjects of Russia and municipalities on whose territory the escheated property is located, presented as residential premises, plots of land, as well as in the form of structures and buildings located on these plots.
The Russian Federation itself, into whose ownership any other escheated property passes.

Also important are possible consequences inheritance of such property.

What could be the consequences of inheriting such property - when inheriting escheated property, refusal to inherit

The institution of such property has a rather large social and legal significance, because such an institution eliminates any ownerless objects of inheritance. The laws in force on the territory of Russia provide for solutions to such a problem in cases where no one has the right to inherit, or if there was no one to do it, or, according to the desire of the heirs, the renunciation of all property as a whole.

Article 1141 of the Civil Code of Russia reveals the essence of the fact that if any residential premises are located in any municipality, then the entire premises will become his property in accordance with the norms of the current legislation.

However, in the event that the premises are located in a city of great federal importance, then this premises will have to become the property of the city.

Exist different approaches acceptance by state structures and the state as a whole of inheritance rights, which as a result can have various consequences from a legal point of view. For example, the state acquired some kind of inheritance, taking on the role of heir. In this case, the state can claim all the property that is part of the estate, regardless of the location of the property.

The acquisition of both immovable and movable property by inheritance rights may entail some obligation to pay all those debts that the testator has and which have not been paid in favor of the state. It is only in such moments that the state will receive the entire inheritance and will not repay debts.

The process of inheritance and problems of inheritance of escheated property

To implement the norms of inheritance of escheated property, it is necessary to adopt a number of laws that regulate such issues in one way or another. Eg:

how to ensure the protection of such property and who should be the first to report the death of a person if he does not have a will and inheritance;
how to manage property in such a way as to comply with the interests of the state;
how to start a relationship with a notary and what needs to be done so that the record keeping of citizens who can challenge the escheat is of high quality;
how to prevent abuse in such situations.

Those terms that are fixed and take to accept such an inheritance do not apply in any way to the terms for registration of rights to property and inheritance that are escheated (according to Article 1154 of the Civil Code of Russia). This is due to the fact that such property does not have to be inherited like ordinary property (this point is regulated by Article 1152 of the Civil Code of Russia).

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Many citizens do not know how to enter into an inheritance. Moreover, all more people due to employment, they cannot issue it within the specified time frame. So how to get an inheritance if you missed all the deadlines by law? And how does the actual acceptance of the inheritance take place after the expiration of the established period?

Human rights

Acceptance of an inheritance after the expiration of the established period is regulated by federal law. The Civil Code of the Russian Federation speaks of the terms for accepting an inheritance in several articles.

The general provision provides for a period of six months for the approval and further use of material resources under the will. In addition, the time granted is typical both for situations where the procedure takes place on the basis of a will, and in accordance with the law. Sometimes, for one reason or another, users do not have time to send a written claim regarding the cost of properties in the allotted time. In such a situation, they will have to begin the restoration of the period of acceptance of the inheritance.

There are two legally approved ways to receive hereditary resources at the end of the statutory period:

Extrajudicial order. This method is also known to users as trading. This has huge advantages, but in practice it is extremely rare. In general, the method is associated with peace agreements with other heirs, which give written consent to the acceptance of the inheritance by a citizen who did not meet the deadline.
law and order. This method is used when it was impossible to agree and other heirs who have already accepted and accepted the terms of the claim in relation to material assets, categorically disagree with the appearance of a new applicant.

Pass recovery

Family Law Fundamentals sets out the time limits within which all potential heirs must be formally or formally owned. Unfortunately, not all citizens of our country have the necessary legal knowledge and do not realize that they are obliged to exercise their rights within 6 months from the date of the death of the testator.

Many users do not understand how to recover a missed deadline. If a citizen does not appear before the notary responsible for this case within the specified period, he will no longer be able to assert his essential claims in the future. However, the law provides that in some cases a citizen has the right to demand the restoration of the conditions of inheritance.

If we analyze judicial statistics in cases of extending the period for asserting inheritance rights, it becomes clear that the court will take the side of the applicant only when he can defend his position regarding non-compliance with the approved deadlines. Restoration of the missed deadline will be possible only taking into account weighty arguments.

Therefore, if the court confirms the circumstance that the applicant considers valid for a positive decision on this issue, then the potential heir will be able to initiate the procedure for redistributing the estate, taking into account its share. Reasons that may be labeled as valid may include:

The fact of the death of the testator and the beginning of the inheritance process were hidden from the heir, who did not meet the deadlines;
The citizen was abroad for a long time, and his relatives did not keep in touch with him. It will not be difficult for him to restore the term;
The user was unable to solve the problem due to a serious illness or helpless condition;
The User was on a long business trip or served in the Armed Forces;
In some situations, the situation in which the recipient is illiterate or does not speak Russian can be accepted as a valid circumstance, which is supported by documentary evidence;
The citizen is in prison and cannot call a notary to confirm his inheritance rights. For him, the term can be restored without problems.

The use of testimony is permitted, but as long as the witness is not a close relative and does not receive any additional benefits due to this situation.

At the same time, some points cannot be considered sufficient grounds for restoring the status of restrictions.

The request for the restoration of the term for accepting the inheritance is not an ordinary formality and, therefore, it is necessary to treat its preparation with the utmost attention and responsibility.

The probability of a favorable outcome of the process will directly depend on the information that will be presented to him. According to the provisions of the law, the application for the restoration of the period for accepting the inheritance has a prescribed form, and certain special requirements are imposed on the information that must be published here.

It is indicated:

Full name of the body that will consider the application;
Personal data of the parties to the process, as well as an indication of all contact information with which you can contact them;
Data on the testator, as well as material resources declared by the applicant;
The price of the claim, as well as a description of the circumstances that led to the failure to enter into the inheritance;
A request to the court to extend the possibility of obtaining property resources, as well as the evidence base that serves as confirmation of the applicant's words.

The template is compiled in accordance with the approved requirements. Grammar errors, false information and unverified data are not allowed.

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When a sad event occurs, such as the death of a person, the case goes to the struggle for property between all the relatives of this person. Just in this case, if there is no will, the division of property takes place legally. The distribution of such rights is made on the basis of the degree of kinship in some successive. How does the process of inheritance take place?

Inheritance by heirs of the first stage

The key conditions and principles of inheritance are established within the framework of the Civil and Family Code, as well as various documentation. Property assets are distributed according to the principles of priority, however, each of the applicant citizens will not be able to receive something if:

he himself renounced his rights to the inheritance;
has no inheritance rights;
is an unworthy heir;
did not enter into inheritance rights.

The laws of Russia provide for the protection of the preferential rights of partners in marriage, as well as other relatives of the testator on the basis of consanguinity. Who can be attributed to the heirs of the first stage in the event that the deceased did not make any will?

1142 of the Civil Code of Russia and how much property goes to the first stage

Who are the heirs of the first stage? This rule is regulated by Article 1142 of the Civil Code of Russia, where it is strictly noted that the heirs of the first stage include such relatives as the parent, spouse and children of the testator. In this case, the inheritance can be issued both by will and on the basis of legislation within the order.

Spouse or wife - this is the very category that in most cases causes contentious issues during registration and inheritance. Therefore, it is important to determine who exactly is the legal spouse on the basis of the laws of the Family Code. A legal spouse is one who fully falls under the following conditions:

The marriage relationship was recorded in the registry office, and also fully confirmed by the relevant documentation and a certificate of marriage (registration).
Family and marital relationships were confirmed and proved with the help of judicial proceedings.
Also, those marriages that are concluded on the basis of religious customs may also fall under the conditions, but we are talking about those marriages that were concluded during the Second World War.

An important point: the legislation clearly defines exactly which citizens can be and can be recognized as the legal spouses of the testator. It is for this reason that if the marriage has not been registered in any way, the partner cannot and does not have any right to exercise the rights of entering into the inheritance of the first stage.

If we talk about how the property is distributed in shares between the heirs, then it can be noted that disabled cohabitants still have some probability of inheriting part of the property and property assets, but they will not be relatives of the first stage. Plus, this moment will only apply if such cohabitants were dependent on the testator for a year or more.

Also, during the establishment of the legal grounds necessary for the entry into the inheritance of a spouse, one can single out such important nuances, How:

If the relationship in marriage is recognized as illegal, then the partner is automatically excluded from the lists of primary heirs.
If the marriage was dissolved through the court or through the registry office. However, this applies only to those cases in which the decision to dissolve the marriage is made before the opening of the inheritance.
The spouse will have rights to inherit, and this rule works even if the spouse lives in a completely different place.

Parents are also the primary heirs. At the same time, the adoptive parents of the testator also have equal rights with biological parents. But, if we talk about how you can get a larger share, it is worth noting here that if there are adoptive parents, it is important that the biological parents be deprived of their rights. That is, one who is not deprived of parental rights, whether they are natural or adoptive parents, will receive part of the inheritance as a relative of the first stage.

As for children, those children who were born during marriage, as well as illegitimate and adopted children, fall under the category of first-line relatives. This also includes those children who were born within 300 days of the death of the testator. And here is one extremely important point: in the event that the heir has not yet been born, but is going to be born within 300 days from the moment of the death of the testator, the property is prohibited in any way to use or divide it until the birth of such an heir.

There is another important point. In the event that the mother is the testator, that is, if it is she who dies, then in this case her children become heirs of the first priority without fail. And if we are talking about the death of not a mother, but a father, then in this case, family ties will need to be proved, both within the framework of a voluntary procedure and on the basis of judicial proceedings.

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Types of wills in the Russian Federation are the procedures provided for by law, according to the will of one's property, within the framework of the law.

Concept and types of wills?

A will is an act of one-sided will of a person, which is controlled by civil law and determines the fate of property, as well as the rights and obligations associated with it, after the death of the subject.

The will is controlled by civil, namely, inheritance law. It is designed to regulate legal relations of a civil nature in society.

The will has a sample, according to which it is strictly drawn up. In this case, the document is drawn up in writing and acquires legal force after the death of the person whose will the paper embodies, only if it was certified by a notary.

To issue a document, the conditions that dictates civil law in order to protect legal relations arising from property or personal non-property rights and obligations.

Inheritance law makes it possible to make a will many times, but subject to the destruction of the previous document, which must lose legal force. A will with the help of a legal specialist can be altered, changed, supplemented with the necessary information.

A will can be called a legally fixed disposal of a person's property in the event of his death. It is a type of inheritance, characterized by such features as, for example, the ability to leave property not only to relatives by blood, but also to close friends. In the process of inheritance by law, this is impossible; things move along the order of kinship, depending on the degree of blood relationship.

Chapter 62 of the Civil Code of the Russian Federation is devoted to the term, where you can find all the conditions for the preparation and further sale of the paper. In Art. 1118-1140.1 of the Civil Code of the Russian Federation can be found detailed information on the procedure for inheritance and transfer of property and related personal non-property and property rights under a will.

Will types:

notary type.
closed type.
Conditional type.
Testament under circumstances that threaten a person's life.

Separate types of testament?

Types of administrative paper:

Notarial testament. After drawing up, the paper will be certified by a notary - a legal specialist with the right to perform notarial acts. After registration, the document is entered into the notarial database that controls the activities of legal specialists throughout the country. When drawing up a will, this type of document is most often resorted to.
Closed will as the most strict type of administrative document. This type of paper is resorted to by people who want neither relatives nor the notary himself to know about the essence that is set out in the document. A person independently writes an administrative document by hand, after which he puts it in a strong envelope. It must be signed by two personalities who are close to the person whose will is being formalized. Signatures are necessary to assert that the person made the paper during his lifetime, that is, it was not later replaced. When compiling, it is not allowed to use technical devices that can do all the work for a person. If, after death, upon opening the envelope, it turns out that the paper in it is printed in electronic format, then the document will not be able to transfer legal force, the property will be transferred in connection with family lines. An envelope with a will, handed over to a notary, will be enclosed by a specialist in another envelope, on which this document will already be located.
Urgent will due to life-threatening circumstances. In life circumstances that threaten life, a person can draw up an administrative paper in relation to his own property without certification. But to endow it with subsequent legal force, two witnesses to the drafting are needed. The document is in writing.
Testament based on the conditions for entering into inheritance. The type of securities contains one or a list of conditions in connection with which the assignee will receive property after death loved one. If he is not ready to fulfill his obligations and enjoy the rights specified in the document, then he is recognized as unworthy and is deprived of property from the deceased. According to the law and in connection with the decision of the court, another owner will be found for the property, who is a relative of the deceased and is ready to fulfill obligations.

Form and procedure for making a will?

In order for after the death of a person, his administrative paper began to operate and acquire legal force, it is necessary to draw it up in writing by hand. The law prohibits the use of technology, electronic or printed versions of papers.

The paper must be certified by a legal specialist such as a notary, but certification by other officials is also allowed. For example, the head physician of the hospital, the commander-in-chief of the campaign, the head of the prison. Such deliveries are made by law in connection with the existence of a will under certain circumstances.

A citizen who wants to issue an administrative paper about property must remember that he always has the right to change, supplement and even cancel a will. It can be drawn up an unlimited number of times, but at the same time, each previous one must be destroyed, that is, lose legal force during the life of a citizen.

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The right to refuse receipt is regulated by the current federal legislation of Russia. The right to receive a testamentary refusal is valid for six months after the death of the testator. Registration of refusal to receive a testamentary refusal is carried out in writing, by writing an appropriate application by the applicant.

Peculiarities

The documents for proper registration are the same as for the registration of an inheritance - this is an identity document and certificates of transfer of property. The deadline for issuing a waiver is six months. In some cases, it can be extended up to three years.

In fact, a testamentary refusal is an obligation that is placed on the testator and the recipient of property. Conditions must be met.

In this case, the conditions may well be different. Eg:

this is a list of ownership rights to real estate or a car to the recipient of the refusal;
transfer of property to third parties;
performing a workflow or service for the recipient of the failure;
payment of monetary compensation to third parties;
other property orders.

A testamentary refusal actually makes an heir-debtor who is obliged to fulfill the will of the testator.

The obligation is considered for fulfillment in relation to the designated order only. And it doesn't have the right to reconsider. If the testator feels that the heir will die, then he has the right to change the will to another citizen, all assignment rights in this case pass to the latter.

The most common version of the denial of a will is the obligation of the heir, who is going to a residential building, apartment or other residential premises, to give another person the right to use these premises or a certain part of them for the life of another person or to use another period. If the ownership of the property that was part of the inheritance is subsequently transferred to another person, the right to use this property granted by the will remains in force.

Nuances

You can write a waiver in favor of a relative of the testator if he is in one of the queues established by law, or is specified in the will. However, they cannot be abandoned in their favor:

obligatory inheritance share (in accordance with Article 1149 of the Civil Code of the Russian Federation);
from the property, if another heir is designated as heir.

In the second case, the situation is influenced by the desire of the deceased to indicate another heir in the event that the first heir dies and does not have time to accept him or refuse his part.

In favor of another person (heir)

A waiver of ownership can be made in favor of the following people:

Citizens among the heirs are provided for by will or law. An exception is a private heir to property at the behest of the testator.
Citizens are called to inherit in accordance with the right of representation.

It is forbidden to refuse the inheritance with reservations.

fractional ownership

The law does not provide for the renunciation of a certain part of the inheritance. The property is completely taken by the heir or he completely renounces it.

If the heir is entitled to inherit the property for several reasons at the same time (for example, by law, by will, etc.), he may then renounce the inheritance for one of the reasons or immediately for all,

Part of the property belonging to the heir who issued the refusal without specifying other persons will be proportionally distributed among other heirs.

The exceptions are situations where another procedure is granted by will.

If, if necessary, the heir spends money on funerals, this fact does not deprive him of the right to refuse part of the property intended for him.

Conditions for fulfillment

The main condition of the heir is that the freedom of the heir cannot be restricted. The imposed obligations cannot contradict the legislation of the Russian Federation. The will will take effect as soon as it receives the inheritance. Therefore, the candidate for receiving the property of the testator has the right to refuse to subscribe.

If obligations are imposed on several people at the same time, then their fulfillment is distributed in proportion to the received part of the property. Mandatory participation in the inheritance cannot be appointed for the execution of a will.

The conditions for the use of the property in accordance with the provisions are preserved even if the heir transfers the ownership to other persons. Using a dwelling based on a waiver of will, the recipient of the waste has the same responsibility for its maintenance as the owner. In the event of material damage, the heir has the right to claim damages in court.

Legally registered inheritance determines certain conditions of inheritance. This cannot be the basis for a successor, because the assigned tasks are carried out at the expense of a specially allocated share of the inheritance. Both the heir and the recipient may waive their obligations.

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Inheritance is the transfer of ownership to the person to whom it was bequeathed. All difficulties - the terms for accepting an inheritance, the restoration of the term for accepting an inheritance, a statement of claim for the restoration of the term for accepting an inheritance - are prescribed in the Civil Code of the Russian Federation. Also indicated are good reasons missed the deadline for acceptance of the inheritance.

Legal basis

Lawyers and lawyers often argue about the restoration of the deadline for accepting an inheritance. In accordance with the current legislation, a person has the right to enter into inheritance law within six months after the opening of the inheritance case. In this case, the opening is considered:

the day the authorized body clarifies the will of the person (this applies if there is a will).
if there is a date of the decision of the court on recognizing the person as dead (if the fact of inheritance occurs).

That is, a person within six months from the above date must apply to the notary's office at the location of the property, submit a package of documents, pay the mandatory state fee and submit an application of the established form.

Based on the results of collecting all the documents, the heir receives a certificate of succession, on the basis of which you can dispose of movable property or contact the registration service to register ownership of real estate.

This appeal procedure is established by law in order to preserve justice. It is not allowed to start the countdown from the time of the death of the testator or testator. Because circumstances sometimes arise against the heir, and the process of ownership is delayed for many years. If, due to certain circumstances, one of the heirs does not comply with the deadline for accepting the inheritance, this does not mean that he cannot do anything to receive it. In this case, the law offers the possibility of restoring the term for entering into the inheritance.

Periods

The opening of the inheritance case occurs immediately after the death of the owner of the property. If the notary has a will written by the owner of the property, he is obliged to announce the will of the deceased relative to the heirs within 15 days.

After the heirs learn of the death of a relative or will, they must write their inheritance rights within six months. However, the countdown starts 6 months after the tester's death. This period is granted to all candidates for inheritance - a legal document specified in the will. During this period, all legal transactions must be completed: documentation, acceptance or rejection of part of the inheritance, transfer of the owner's rights to another person, cancellation of the testamentary document.

The actual assumption is the specific action of the heir in relation to the inheritance. For example:

Settled in a hereditary apartment and pays utilities
The debt of the deceased or accepted tangible property intended for the testator is closed by third parties
Manages and maintains hereditary property, protects it from robbery and similar actions.

The actual acceptance of an inheritance is not sufficient for legal possession of it. In order to legalize the received property, it is necessary to apply to the court with a statement that the inheritance has been accepted.

Do not delay the duration of the inheritance and wait for the process. To avoid court costs and significant loss of time, it is worth contacting a notary with an application to open inheritance law proceedings, even if you already have one.

The term of entry into the inheritance begins with the death of the testator. In cases where the end of the period for accepting the inheritance occurred on weekends or holidays, you can contact the notary's office with a statement before the end of the first working day after the weekend.

More precisely, you can apply until the last minute of the 24th hour (12 noon). You can send the application through authorized persons (so a notarized power of attorney is required) or via the Russian Post (notarization of your signature on the application is required).

Peculiarities

When should a claim be filed? The need to file a claim may be caused by distrust of the notary, inconsistency with the will, or a desire to question the participation and share of other heirs. Each heir (or his representative) has the right to declare his ability to actually accept the inheritance, if he has not been considered in the event of an inheritance.

How to choose an instance? The filing of a claim is related to the place where the inheritance opens. This principle works if the applicant knows all the nuances of the case. If the plaintiff intends to clarify the owner of the item, the application will be filed at its location. The fact that an inheritance is opened as such is determined when you apply for it in your place of residence or when you register.

It should be noted that the place of opening of the inheritance is actually the last or main place of residence of the deceased. In the absence of relevant information, the claim must be filed at the location of the property itself. If its parts are in different places, the most valuable object is selected.

When requesting an extension of the terms of inheritance, the arguments must be prepared in advance, which the court considers convincing and valid. One of the best reasons would be a long illness during which the heir cannot go to a notary. To confirm the disease, it is necessary to collect all types of medical certificates confirming this fact.

Another good reason is a long-distance business trip. There is no problem with validation. It is much worse if you insist on not being notified at the time of the death of the testator. After all, it will be almost impossible to prove this fact with documents.

The claim must cover in detail all recent events that have occurred with the heir. These events should convince the court that he does not know about the inheritance or that he cannot physically claim his rights within the prescribed time limit.

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The formation of a will is subject to the norms of a single legal framework. The official testator must fill out an official form with full legal capacity (this should be checked in advance). If the testator has health problems, this function is performed by an authorized person. Due to the mental incapacity of the testator, this fact must be verified and the will declared invalid.

the only hallmark Forgery is the official status of a document that has been drawn up and certified by a notary. All information is then entered into a single database or registered by a notary. Further in this registration you can check the presence of the will. In appearance, such a copy is represented by a color numbered certificate.

Nuances

The Register of Wills of the Russian Federation official website is an opportunity to check documents before registering an inheritance. The unified register of wills and inheritance cases allows you to minimize the facts of deception from representatives of other bodies and individuals.

The electronic register of wills allows you to check documents remotely.

You can check the will in the registry in a few minutes.

Registry

You can find out about the claims of other relatives or check your will through the register if the inheritance information has not been found by all notaries.

However, you cannot receive information about what property of the deceased will be transferred to the heirs, since the service protects the secret of the last will of the owner of the property. When a person learns that the information about the heirs is in the registry, and the certificate is located at the place of registration of the deceased, you should visit several offices at the place of registration and begin the registration process.

To start the test, it is necessary to provide the employee of the organization for verification with a passport, a death certificate of the tester and a certificate confirming the existence of family ties.

In addition, you can search for data via the Internet in the electronic registry service. After entering information into the system, matches are selected. Only a narrow circle of people can receive information, so you need to verify your identity.

Ownership of real estate

As a rule, the certificate of ownership of the premises, which until 1998 was issued by city authorities, and after a specialized institution, acts as a title document.

The bodies of the Federal Registration Service today maintain registers of property rights and register contracts concluded with real estate and the transfer of property rights in connection with them.

It is especially convenient that a package of documents can be submitted to any of the offices of the registration service, without reference to the place of state registration of the former or future owner of real estate, the location of the real estate itself, as well as the current "one window" principle.

Today, any person can, by submitting an appropriate application and paying the amount of the state fee established by law, receive the necessary information from the Unified Register of Rights to Real Estate. In addition to the application and receipt of payment of the state duty, you will need a passport of a citizen of the Russian Federation or another identity document.

But with all its simplicity, for example, only the owner himself or a person authorized by him can obtain, for example, a duplicate of the Certificate of Ownership upon presentation of a notarized power of attorney.

In addition to the Certificate, the title document is the contract on the basis of which the owner received the real estate. If we are talking about a residential property purchased on the secondary housing market, then such a document will be a contract of sale or an exchange agreement. If the contract was acquired by the owner from the municipality, then such a document will be a contract for the transfer of residential premises. If the property was received by the owner as an inheritance, then it is necessary to present a Certificate of the right to inheritance.

If the immovable property was obtained as a result of a court decision, then an appropriate court decision should be attached. Depending on the grounds for acquiring a dwelling, title documents will also change.

Extract

You will need a fresh extract from the house book, which must be received no later than one month before submitting documents to the registration authority.

To obtain it, you must apply with an application to the regional settlement and information center at the location of the property.

The applicant has the right to act as the owner of the residential premises, his representative by proxy or another person registered in the premises for which the extract is requested. In this case, the applicant will need a passport of a citizen of the Russian Federation, as well as a power of attorney if he is an authorized representative of the owner or a Certificate of Ownership, if the owner applied with an application.

A certificate of the right to inheritance by law is a document that is issued without fail after the fact of inheritance. A certificate of the right to inherit by will is drawn up in the presence of a notary. You can check the certificate of the right to inheritance in the appropriate register in the notary chamber.

How to get a certificate of inheritance of property?

Peculiarities

Making an inheritance after death is a rather complicated procedure. To recognize the ownership of the inheritance, you must issue a certificate. The document is not legal, that is, only on its basis it is impossible to obtain the assets of the deceased. It simply confirms the existence of inheritance law for individuals or public institutions.

The certificate of the right to inheritance serves as a guarantee of the right to receive the property of the deceased from the heirs. To get it, you need to have a certain package of documents on hand. It is provided in accordance with many legal subtleties, taking into account new changes in laws. Be sure to check the information provided.

Verified information:

the death of the testator with the exact date of death;
is there a desire;
what degree of relationship;
what is hereditary mass;
whether the testator is legally owned.

Only after verifying the above data, the notary can issue a certificate form. Heirs must submit a statement of intent. A fee will be charged for issuing it.

Where can I get a document confirming the right of inheritance? This question comes up first. The certificate is issued by a notary. Before applying for a document, you must: Apply. It must contain the information that the heir asks to provide him with a document in accordance with the law. Consideration of the application is carried out by the same notary who opens the inheritance case.

The notary must open the inheritance file.
In the case where there are several heirs, each of them can choose to receive a document only for himself and his share, or a common certificate of ownership with a definition of the part of each.

The certificate of the right to inheritance is issued by a notary after payment of the state fee. The amount is always calculated individually and depends on a number of factors:

The value is determined based on the total value of the property.
Heirs of 1-2 lines pay 3% (limit 100,000 rubles) of the cost, the rest - 6%, but not more than 1 million rubles.

Other categories of beneficiaries are exempt from paying state taxes. These include minors and legally incompetent citizens. But it is required to provide documentary evidence that they can be exempted from payment.

A few words about marriage

Before you start getting acquainted with the documents confirming the seller's ownership of the property being sold, ask him for a passport, which should prove his identity and show other information. First of all, pay attention to Family status seller, on the number of his officially registered marriages and divorces. Check all the dates on your passport against the numbers on your title deeds. If the property offered for sale was purchased during marriage, then the former spouse or spouse can at any time file a lawsuit in court, demanding the legally owed housing or part of it. Former spouses have the right to claim half of the property acquired during marriage within three years from the date of the official divorce, even if they were not registered in the apartment and did not live in it. Moreover, in some cases, the court may extend the limitation period if the reasons for its omission are recognized as valid. Ask to see documents proving the division of property of the spouses or a court decision if there was a trial. In addition, if the division of the property of the spouses took place in court, then specify whether the court decision has entered into legal force, whether an appeal has been filed.

Minor children

In the seller's passport, special attention should also be paid to children who may be co-owners of the apartment, for example, under a sale and purchase agreement or as a result of the privatization of real estate or have the right to use housing. If the seller has minor children, then in order to sell the apartment, he will need permission from the guardianship and guardianship authorities, which is issued on certain conditions, for example, buying a new apartment of a similar area in a certain area of \u200b\u200bthe city. In such cases, the guardianship and guardianship authorities take care of the interests of the child, therefore, if the conditions set by them are violated, then the concluded contract for the sale of an apartment may be terminated by a court decision. If minor children are not the owners of the real estate being sold, but are only registered in it, then the consent of both parents expressed in writing is required to conclude a contract of sale. At the same time, parents should not be deprived of parental rights, and children should be discharged from the apartment being sold and registered in a new one.

Cases hereditary

It happens that people create official families at an already respectable age, as a rule, previous marriages have already remained behind them and, of course, there are children, often already adults, and there is also living space.

But what to do in the case, for example, when a woman lives in her husband's apartment, but he made a will in favor of his grandchildren

Moreover, if a man needs help and constant care due to a serious illness, and all this lies on the shoulders of his wife, what will happen to the living quarters after the death of her husband?

If the spouse is unable to work, and, as a rule, this is the case due to her age, then she is entitled to a share in the apartment, regardless of the content of the will.

And the size of this share is not less than half of that which would be due to a woman upon inheritance by law.

This norm is stipulated in Article 1149 of the Civil Code of the Russian Federation.

The procedure for determining this share and its size depend on factors such as the presence of other legal heirs of the spouse who are part of the heirs of the first stage, that is, we are talking about parents, children, as well as the presence of other hereditary property.

Let's try to understand all of the above using a completely accessible and simple example, so in the case when there is no other property that could be the subject of inheritance, and if there is one heir of the first stage (the child of the spouse, who is the parent of the grandchildren) , then in the case of inheritance by law, the living quarters were divided between the spouse and the adult child in equal shares, that is, 12 each.

And then we would not be talking about grandchildren, since in such a situation, according to the law, grandchildren do not inherit.

And if there is a will, which was mentioned at the beginning of the article, the obligatory share will not be half, but the 14th part, that is, in this case, we are talking about half 12, and the remaining three-quarters of the apartment goes to the grandchildren, according to the will (each in equal parts).

And the widow will be able to dispose of her share in the living quarters at her own discretion, that is, she has the right to live in it by registering the right of ownership, as well as to sell her share, exchange or donate it.

Taxation

Intestate inheritance tax and probate inheritance taxes are two different things.

The amount of this fee depends on the degree of kinship between the heirs and the testator and is calculated on the basis of paragraph 22 of paragraph 1 of part 333.24 of the Tax Code of the Russian Federation:

0.3% of the total value of the inherited property (in this case, the amount cannot exceed one hundred thousand rubles) for heirs of the first order and full sisters and brothers;
0.6% of the estimated value of the inherited property (in this case, the value cannot exceed 1 million rubles) for the remaining heirs.

Citizens specified in Article 333.35 of the Tax Code of the Russian Federation may be exempted from paying this tax:

people who lived with the tester during his life and who continue to live in the transferred institutions after his death;
veterans, participants of the Second World War, heroes of the Russian Federation and Soviet Union and etc.

Testament and tax

Is there tax on inheritance under a will? And the inheritance tax under the will is not paid to a relative?

Will inheritance taxes be myth or reality? Many changes have been made to this system. It's hard to keep track of everyone. That's why you couldn't pay taxes yesterday, but you owe it today. To avoid surprises, you should be constantly interested in the changes made to some provisions of the Russian Federation.

The fact is that in fact the inheritance tax has been abolished. Currently, this rule applies to citizens of the Russian Federation. But not really. It turns out that inheritance by law in some cases does require the payment of a certain amount of money.

As already mentioned, people are not always completely free from payments. In some cases, inheritance tax is levied. It's true, not very often. But from all relatives who rely on the property of the deceased.

As a rule, it is considered cash. Or, in other words, income. But first, some information about the process in principle. There are at least two forms of inheritance - by law and by will. In order to avoid any disputes about who is eligible to apply for what, you should know in which cases you can use one or another option.

Under the non-inheritance law, all members of the family accept the order of succession. As a rule, distribution extends to those who are close to the first stage.

In addition, property is divided according to law when the will specifies the "sharing" of something specific. Application for disinheritance (partial or total), renunciation in favor of a parent, absence of heirs in the text of the will, as well as their withdrawal as plaintiffs - all this applies here. Therefore, do not think that only a will gives the right to inherit.

Important! For all questions, if you do not know what to do and where to turn:

Call 8-800-777-32-63.

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A will is a fairly important act that allows you to distribute the property of the deceased among the heirs. In one case, the division of property takes place in a peaceful manner, while in the other, this procedure becomes much more complicated, since one of the parties begins to assert its rights, and in one case this may be justified, but in the other not. In this article, we will analyze what the invalidity of a will is, what is the judicial practice, etc.

Recognition of a will as invalid judicial practice

The judicial practice of recognizing the invalidity of a will, first of all, proceeds from how lawful the statement of the party to recognize the invalidity was.

Here, of course, the law works, which provides for cases of invalidity, although very vaguely. This case can be analyzed by analogy with the invalidity of the transaction.

So, if the testator was mistaken during the preparation of the will, then this may serve as a basis for recognizing the will as invalid. Here it is worth paying attention to the evidence base, since in the case of the presence of such a fact, but the absence of evidence in court, this may not help in any way.

There are cases when it is not required to invalidate a will, such wills are called void. That is, these are those wills that initially did not take legal form. This happens mainly from obvious violations of the law in the process of making a will, for example, when the form of the will was not observed, or when not one's own property was bequeathed. Thus, the judicial practice here is quite unambiguous, if the will is already void, then the heirs do not have any rights to property under the will.

It is also worth paying attention to minor violations, for example, typos in the will. A will is an act that has some freedom in writing, so there may be some typographical errors or some small problems with the form. This, in fact, cannot but serve to invalidate the will, as evidenced by judicial practice. In this case, the main thing is to comply important condition- no distortion of the meaning of the will.

Complaint for annulment of a will

A statement of claim for the recognition of a will as invalid in its essence is not much different from statement of claim on the invalidation of the transaction.

Here it is necessary to indicate the will itself, attach it to the case file, and also provide evidence that will become the basis for declaring the transaction invalid.

From an actual point of view, this seems to be a simple exercise, however, from a formal point of view, everything is not so simple. Many heirs cannot defend their rights only because they cannot correctly represent their interests in court. Here it is better to consult, or even involve a lawyer who works in such cases.

Cancellation of a will and its invalidation

In this section, it is important to bear in mind that revoking a will is a fairly serious legal step. Cancellation of a will can be done for several reasons:

During his lifetime, the testator himself canceled the will;
It was declared invalid;
The will is considered null and void.

In the first case, it is clear: the legal basis of the will is not valid, which means there are no legal consequences. However, some heirs could conceal such a fact, which in fact is already the subject of not only civil law relations, however, in them this will is already considered void, and has no further legal consequences.

A will can only be canceled and declared invalid only in court, unlike the other two ways of canceling a will. The court, taking into account all the evidence, as well as relying on the provisions of the law, must decide whether to recognize this will as invalid or not.

It should be understood that the reasons for the cancellation of a will are far from always legal, therefore it is better to first read the law, special literature on such issues, judicial practice or contact a lawyer.

In what cases will a will be invalidated?

For general reasons (Articles 168 - 179 of the Civil Code of the Russian Federation), a will may be invalidated in the following cases:

contrary to the law;
drawn up by a person recognized by the court as incompetent or partially incompetent;
committed by a citizen who is unable to understand the meaning of his actions or manage them;
committed under the influence of deceit, delusion, violence, threats, etc.

Special grounds for invalidity would include the following reasons:

violation of the requirement of a written will;
violation of the rules of the form of the will (the will must be certified by a notary, in exceptional cases - by other persons established by law);
when the testator's signature is missing from the will (unless the testator is unable to sign it himself and therefore a processor is involved);
other grounds.

This is an indicative list of the most common cases, it is not exhaustive, so it is worth considering that if you have an idea about the illegality of the will, then you may well develop this question.

Important! For all questions, if you do not know what to do and where to turn:

Call 8-800-777-32-63.

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The appointment and appointment of an heir in a will is the right of the testator to make a will in favor of one or more persons included and not included in the circle of heirs in accordance with federal law.

The testator has the right to indicate official document another citizen as an heir. (appoint an heir), if the previous one has already passed away before entering into the inheritance.

The assignment of heirs in the literature is called replacement, and the alleged heirs are called replacements. The appointed heir may be any citizen or legal entity, as well as the state.

Nuance

The appointment and subappointment of an heir in a will is the basis for granting the property of a deceased person. How to appoint your successor? Everything will depend on the will of the person. How do you designate heirs in a will? It is only necessary to determine the heirs in the will.

The law does not limit the number of subcontracts, so the testator has the right to replace the heir and the signed heir. The usual wording is: "I will leave the property to one or the other, and if he refuses the inheritance, I will appoint the heir of one or the other", but this can be continued with the words: "If the latter withdraws from the inheritance, the inheritance must pass ...". However, a double or triple goal is quite rare in practice.

Deed of gift or will

Making a donation: benefits

Often there are situations when, under the guise of a donation, a very real transaction takes place. For example, a person wants to sell a room in a communal apartment. The fact is that according to current laws, other owners of common property have priority rights to redeem. At the same time, it is necessary to properly notify them, which often becomes a problem - they do not accept the notice, they evade the transaction. In such a situation, registration of a deed of gift can help.

A donation agreement is also beneficial in cases where the owner does not want to leave, for example, an apartment to his legal heirs. In such a situation, making a donation for an apartment can be an excellent way out.

How to issue a donation?

If the donor has thought it over well, is completely confident in his actions, then he should collect a number of documents. by the most complex view donation is a gift of real estate. You will need a TIN, a passport, documents confirming the right to, in fact, the real estate itself, an extract from the register of ownership (BTI certificate), a document confirming the valuation of the property. It should be noted that there is no universal list of documents, the list may vary depending on specific circumstances. Certain types of documents must be certified by a notary, who will help you figure out how to draw up a deed of gift, what documents are needed.

The collected, notarized documents, together with the donation agreement, should be registered with the Federal Registration Service. To draw up the contract itself, the participation of a notary may not be required, however, the slightest inaccuracy, a blot - and the documents will be returned for revision. Therefore, the help of a professional lawyer will still not be superfluous - without it, the process can drag on for months.

How much does it cost to make a donation?

The question of how much a donation costs involves, first of all, a tax on the transfer of property:

There is no tax if the deed of gift is issued to a family member, that is, a child, parent, spouse.
There is no tax if the deed of gift is issued to a relative, that is, a grandmother, grandson, sister.
The tax will be 13% if the deed of gift is issued to distant relatives, strangers.

Other expenses:

Notarial fee (depending on the value of the property).
Fee for state registration, registration of property rights (1000 rubles).

If the heir is dismissed as unworthy, renounces the inheritance, does not accept it, without specifying in whose favor he refuses, then the share of the inheritance inherited by him passes to the heirs in accordance with the right of representation in proportion to the inheritance shares.

In what cases inheritance under the law of representation does not take place

As a rule, inheritance transfer is excluded if another heir is appointed by will instead of the deceased heir. If an heir has been disinherited, renounced or deemed unworthy, then his descendants will not be able to inherit by right of representation.

Getting an inheritance is easy enough. The main thing is to come to the notary's office and provide a complete package of documentation in accordance with the current federal legislation. Then get the necessary documents for the acquired property.

Russian Federation

"INSTRUCTIONS ON EXECUTIVE PROCEEDINGS" (approved by Order of the Ministry of Justice of the USSR dated 11/15/85 N 22)

Enforcement proceedings in the courts are conducted in accordance with the procedure established by the Fundamentals of Civil Procedure of the USSR and the Union Republics, the Civil Procedure Codes of the Union Republics and in accordance with the rules set forth in this Instruction.

General conditions for actions of a bailiff

Foreclosure on the debtor's property

129. Recovery under executive documents from state enterprises, institutions, organizations, collective farms, other cooperative organizations, their associations and other public organizations is levied primarily on the debtor's funds held in a bank or other credit institution.

For collection, the bailiff in accordance with the Instruction of the State Bank of the USSR N 2 of May 31, 1979 "On non-cash settlements in the national economy" sends an executive document to the institution of the State Bank with a collection order (0401001) to write off funds from the debtor's account and transfer them to the deposit account of the people's court. The amounts received on the deposit account of the court are issued to the claimant by check or transferred to him by mail.

130. If the recoverer is a state enterprise, institution, organization, collective farm, other cooperative organization, their association or other public organization that has an account with a credit institution, then the executive document is sent by the recoverer directly to the appropriate credit institution for transfer from the debtor's account to the account of the recoverer of the awarded amounts in the manner prescribed by the rules of the credit institution.

131. In the absence of state enterprises, institutions and organizations that are on an economic account, funds sufficient to pay off the debt, collection may be levied on property belonging to the debtor, with the exception of enterprises, buildings, structures, equipment and other property related to the main funds, seed and fodder funds, as well as other working capital within the limits necessary for the normal operation of state enterprises, institutions and organizations.

Foreclosure on the property of enterprises, institutions and organizations supported by the state budget is not allowed.

132. If collective farms, other cooperative organizations and their associations do not have funds sufficient to pay off debts, foreclosure may be levied on their property, with the exception of enterprises, cultural and community institutions, buildings, structures, tractors, combines, other machines, vehicles and other property related to fixed assets, seed and forage funds, as well as fuel, fertilizers and other circulating funds necessary for the normal operation of collective farms, other cooperative organizations and their associations.

133. If trade unions and other public organizations do not have funds sufficient to pay off debts, foreclosure may be levied on their property, with the exception of enterprises, buildings, structures, equipment and other property related to the fixed assets of enterprises, sanatoriums and pioneer camps , cultural and educational fund, as well as other property of public organizations, which, according to the law, cannot be levied.

In the cases provided for by Art. Art. 131, 132 and the first part of this article of the Instruction, the bailiff, in the event of difficulties, raises before the judge the question of the procedure for enforcement and an indication of which particular property of the debtor he must levy.

134. In the event of termination legal entity from which the recovery is made, by reorganization (merger, division or accession), payment of enforcement documents is made from the settlement or current account of the organization that is responsible for the obligations of the original debtor. This responsibility is established by the decision of the relevant competent authority on reorganization or according to the transfer balance approved by the transferring and receiving organizations.

135. If a legal entity is terminated by liquidation with the formation of a liquidation commission, the liquidation commission (liquid committee) may submit to the credit institution in which the account of the legal entity being liquidated is located an application for the termination of debiting funds from the account. According to this application, the enforcement documents received both by the credit institution and the bailiff, with the exception of enforcement documents for the recovery of wages and equivalent payments and issuances, are transferred to the liquidator for execution in the order of priority. The liquidator must be informed about the direction of the executive document to the liquidator.

136. Executive documents for the recovery of wages and equivalent payments and payouts (Article 105 of this Instruction) are not transferred to the liquidator and are subject to direction to a credit institution for debiting funds from the account of the liquidated organization, regardless of the application received by the liquidator.

In the same manner, executive documents are sent to the credit institution if the liquidation committee does not declare the termination of debiting funds from the account of the liquidated organization.

137. From state institutions financed by the state budget, recovery under executive documents is made at the expense of appropriations according to the estimates of these institutions in the manner established by the Instruction of the State Bank of the USSR (see Instruction of the State Bank of the USSR N 35 of January 8, 1971).

138. When executing a decision by which the debtor is ordered to perform certain actions not related to the transfer of property or money, the bailiff sends the debtor a proposal for the voluntary enforcement of the court decision within the time period established by the court. Upon the expiration of the term, the bailiff shall be obliged to verify the fulfillment by the debtor of the claim made against him.

In case of non-execution of the decision by the established deadline, the bailiff draws up an act about this, which he sends to the people's judge at the place of execution to issue a ruling on the application of the consequences of non-execution, if such consequences were provided for by the court decision, or to resolve the issue of the procedure for further execution, if the court decision the consequences of its failure were not foreseen.

139. In case of non-execution within the time period established by the court of a decision obliging the debtor to commit actions that can only be performed by him, the drawn up act is sent by the bailiff to the court at the place of execution to resolve the issue of imposing a fine on the debtor in the amount established by the legislation of the Union republics, and determination of a new deadline for the execution of the decision.

Payment of the fine does not release the debtor from the obligation to perform the actions envisaged by the court decision.

In case of repeated and subsequent violations by the debtor of the established deadlines for the execution of the decision, the bailiff again draws up an act and sends it to the court to impose a fine for each case of violation.

140. If the administration of an enterprise, institution or organization fails to comply with a court decision on the reinstatement of an incorrectly dismissed or transferred employee at work or in the previous position, the bailiff draws up an act on non-execution of the decision, which he sends to the people's judge at the place of execution to initiate the issue of paying the incorrectly dismissed employee average earnings or difference in earnings during the delay in execution.

141. When executing decisions in cases on the transfer of children, the bailiff shall carry out enforcement actions with the participation of the person to whom the child is to be transferred for fostering, representatives of the guardianship or public education authorities. In cases where the debtor interferes with the execution of the decision, the measures provided for in Art. 139 of this Instruction.

In necessary cases, the bailiff may raise before the court the issue of issuing a ruling on the temporary placement of the child in a children's institution.

142. When awarding certain items specified in the court decision to the recoverer, the bailiff shall seize these items from the debtor in the presence of witnesses and transfer them to the claimant.

Withdrawal of items from the debtor and transfer from the recoverer is carried out according to an act drawn up in triplicate, of which one is handed over to the debtor, the other to the recoverer and the third remains in the proceedings of the bailiff. Acceptance and transfer of things are confirmed by the signatures of the bailiff and the recoverer on copies of the act.

If it is impossible to execute the court decision due to the loss of the awarded items, as well as in cases of the claimant's refusal to receive them due to depreciation or damage, the bailiff draws up an act about this, which sends it to the people's judge at the place of execution to resolve the issue of the method and procedure for further execution.

Enforcement of decisions on cases of recovery of alimony

224. Of the amounts collected from the debtor and proceeds from the sale of his property, the costs of enforcement are primarily covered, the rest goes to satisfy the claims of claimants. The amount remaining after satisfaction of all claims is issued to the debtor.

225. When making a recovery, citizens, as well as institutions, enterprises and organizations that have executive documents in other cases, have the right to join the recovery.

226. If the amount recovered from the debtor is insufficient to satisfy all the requirements for enforcement documents, this amount is distributed among the recoverers in order of priority.

Claims of the recoverers of each successive turn shall be satisfied after the full repayment of the claims of the claimer of the previous turn. If the collected amounts are insufficient to fully satisfy the claims of the claimants of one priority, these claims are satisfied in proportion to the amount awarded to each claimant.

In this case, the bailiff must calculate and, in accordance with this, draw up a calculation of the amounts payable to each of the claimants. For example, a bailiff received two writ of execution of the same queue, one of them for the recovery of 140 rubles. and the second for the recovery of 210 rubles, and from the sale of the debtor's property, only 245 rubles were received on the deposit account.

In this case, for each ruble of recovery, there will be

245 ----------- \u003d 0.7 rubles, and according to the first writ of execution 140 + 210 will be transferred 140 x 0.7 \u003d 98 rubles, and according to the second - 210 x 0.7 \u003d 147 rubles .

227. First of all, the following are satisfied:

alimony claims;

claims for the recovery of temporary benefits paid to minor children for the period of searching for their parents with an accrual of 10%;

the demands of collective farm members related to their work on the collective farm;

claims for payment for legal assistance provided by lawyers;

claims for payment of remuneration due to authors for the use of a work, for a discovery, an invention for which an author's certificate has been issued, a rationalization proposal and an industrial design for which a certificate has been issued;

claims for compensation for harm caused by injury or other damage to health, as well as in connection with the loss of a breadwinner.

After the full satisfaction of these requirements, the requirements for social insurance and the claims of citizens for compensation for damage caused to their property by a crime or an administrative offense are satisfied.

228. Secondly, the following are satisfied:

requirements for taxes and non-tax payments to the budget;

requirements of social insurance bodies for compulsory insurance;

claims for compensation for damage caused by a crime or administrative offenses to state enterprises, institutions, organizations, collective farms, other cooperative organizations, their associations, other public organizations.

229. Thirdly, claims secured by a pledge for recovery from the value of the pledged property are satisfied.

230. In the fourth place, unsecured claims of state enterprises, institutions, organizations, their associations, and other public organizations are satisfied.

231. In the fifth turn, all other requirements are satisfied.

232. The bailiff draws up a calculation on the distribution of money between claimants in compliance with the rules set forth in Art. Art. 227 - 231 of this Instruction, and submits it to the people's judge for approval, after which the money is issued to the claimants.

In those Union republics in which the legislation establishes a different procedure for issuing money according to a calculation drawn up by a bailiff, money is issued in accordance with this procedure.

233. Execution on the pledged property may be levied if the other property of the debtor is insufficient to fully satisfy all claims against him that are not secured by a pledge.

Foreclosure on pledged property is carried out in the following order:

1) the claims of state credit institutions secured by a pledge are satisfied after satisfaction of the first priority penalties, unless a different order of satisfaction of such claims is established by law;

2) the rest of the claims secured by the pledge are satisfied after the satisfaction of the first and second priority penalties.

The pledgee, who retained the pledged property, is obliged to satisfy the claims that take precedence over his claims, however, in an amount not exceeding the valuation of this property.

234. The rules on the order of satisfaction set out in Art. Art. 227 - 231 of this Instruction do not apply to the requirements of transport organizations ( railways, shipping companies, aeroflot) to preferential satisfaction of their claims over other claimants from the cost of the cargo they transport.

235. A claimant, debtor and other interested persons may file a complaint against the actions of a bailiff to execute a decision or a refusal to perform such actions, and a protest may be brought by a prosecutor. Complaints and protests are filed with the people's court, to which the bailiff belongs, within the time limits specified in the relevant articles of the civil procedure codes of the union republics.

Complaints and protests against the actions of a bailiff are considered at a court session with notification of the parties and the prosecutor who brought the protest, but their failure to appear is not an obstacle to resolving the issue posed to the court.

A private complaint or a protest may be filed against a court ruling on the issue of the actions of a bailiff.

236. Any person whose property interests are affected by enforcement may bring an action against the exactor and the debtor for the restoration of the violated right.

237. Bailiffs are required to explain the established procedure for appealing against the actions of a bailiff in all cases when the persons concerned declare the illegality of specific enforcement actions performed by a bailiff.

238. Only those enforcement documents are transferred to the bailiff by the office of the court, according to which compulsory execution is to be carried out or control over execution is carried out on the territory of the district (city) serviced by this court.

Executive documents, according to which execution must be carried out on the territory of a court of another district (city), are sent to the appropriate court directly by the office of the district (city) people's court.

239. All enforcement documents, regardless of whether they are transferred for execution directly by the court or presented by the exactor personally, or received by the court by mail, as well as those returned by institutions, enterprises, organizations, correctional labor institutions, for which collection by the bailiff of this of the court, by the secretary of the court, are registered in the order of receipt in the book of registration of executive documents transferred to the enforcement agent.

240. If there are several bailiffs in the court, then a book of records of enforcement documents can be kept for each of them. In this case, in each enforcement proceeding, on the registration card and in the book, in addition to the serial number, the corresponding index established for each enforcement agent must be affixed.

The book is kept by the secretary of the district (city) people's court. The book must be laced, numbered, certified by the signature of the people's judge and sealed with the seal of the district (city) people's court.

The secretary of the district (city) people's court is obliged to put down on each executive document the date of its receipt by the court and the serial number according to the ledger and transfer it to the bailiff against receipt in the ledger.

241. For each enforcement document transferred to the bailiff, the office of the court initiates enforcement proceedings under the same number with which this document is registered, and an accounting and statistical card is drawn up. In addition, all executive documents are recorded in an alphabetical book, which is kept in the office of the people's court.

242. The bailiff notes in detail in the enforcement proceedings all the actions taken, such as: sending an offer to the debtor, depositing sums of money by the debtor to the State Bank or the bailiff, issuing a check to the claimant to receive money from the deposit account, statements of the parties, sending a writ of execution for execution to another institution, to an enterprise or to the court that issued the decision (on enforcement), return of the writ of execution to the recoverer, suspension of execution by the court, etc.

All documents received by the bailiff in connection with the execution of court decisions are stored in the enforcement proceedings, to which they relate. Cash documents stored separately in a special outfit.

243. Applications, requests and complaints about the actions of a bailiff are registered by the secretary of the people's court.

After registration, complaints are transferred to the people's judge, and applications and requests addressed to the people's court are transferred to the appropriate bailiff against receipt no later than the next day.

The bailiff must respond to requests and applications that do not require additional verification no later than 15 days, and for those complaints and applications that were checked, the answer must be given within a period of not more than one month.

244. Executive documents for sending are transferred by the bailiff to the secretary of the people's court against receipt in the enforcement proceedings and with a mandatory note on the transfer in the book of registration of executive documents.

245. On the executive documents returned by the bailiff to the recoverer, in all cases, an appropriate inscription is made about the reasons for the return of the document. The inscription must be affixed with the signatures of the judge and bailiff and the seal of the people's court indicating the time of return of the document.

In cases where the executive document on the recovery of a fine, state duty and other amounts to the state revenue is returned upon execution to the people's court that issued the decision for inclusion in the case, a certificate is made in the executive document indicating the number of the bank receipt on the delivery of money to the state revenue. The certificate is certified by the signature of the people's judge and sealed.

246. The secretary of the court, who received from the bailiff an executive document for sending to the addressee, notes in the register of executive documents the date of receipt of the document from the bailiff, the name and location of the addressee to whom it was sent.

Upon execution of the decision, the writ of execution issued by the people's court, under which the bailiff is attached, is attached to the relevant case, which is noted in the enforcement proceedings and in the book of registration of writ of execution, indicating the number of the case to which the writ of execution is attached. A note is made on the writ of execution indicating the numbers of receipts for the delivery of the collected money to the bank. The certificate is certified by the people's judge.

247. Enforcement proceedings in completed cases shall be handed over by the bailiff to the secretary of the people's court for archiving. The surrender is made by the bailiff on a quarterly basis according to the list after the compilation of the statistical report. The list of enforcement proceedings submitted to the archive with the receipt of the secretary of the court is stored in the order in the acts of checking the work of the bailiff.

Enforcement proceedings are subject to transfer in this order, in which:

a) the decision of the court is executed;

b) the enforcement document is returned without execution at the request of the court that issued this document;

c) the writ of execution has been returned to the recoverer;

d) the executive document is transferred to an institution, enterprise, organization for periodic deductions from the debtor's earnings, with the exception of enforcement proceedings for compensation for damage caused by crimes to state, cooperative, public organizations, for the recovery of benefits paid for minor children during the search for their parents, as well as on other penalties made to the state revenue, on which the bailiff exercises control constantly, until the full repayment of the debt.

At each completed enforcement proceeding transferred for storage to the archive, there must be a visa of a judge authorizing, after a thorough check of all documents, the transfer of enforcement proceedings to the archive. Without such a visa, the clerk of the court cannot accept enforcement proceedings from the bailiff.

Completed enforcement proceedings are stored in the archives of the district (city) people's court in the order of numbers in packs of hundreds, and an inventory of the submitted proceedings must be made.

248. A bailiff must conduct:

a) enforcement proceedings;

b) an order of monetary supporting documents;

c) an order of acts for verifying the correctness of the collection of writ of execution submitted to institutions, enterprises and organizations;

d) an order of executed correspondence, which does not apply to enforcement proceedings in his possession;

e) alphabetical index;

f) a card (card file) of accounting for enforcement orders at enterprises, institutions, organizations on the recovery of alimony and damage caused by crimes;

g) order of acts of checking the work of a bailiff;

h) order of acts of the Ministry of Justice of the USSR and its bodies on issues of execution of court decisions.

249. Not later than the second day of the month following the reporting period, the court draws up, in the prescribed form, a statistical report on the work on the execution of sentences and decisions, which is verified and signed by the chairman of the district (city) people's court.

The procedure for accepting monetary amounts by a bailiff

APPENDIX N 1

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The Ministry of Justice approved the Instruction on Enforcement Proceedings adopted as a follow-up to the Law No. 439-З dated October 24, 2016 “On Enforcement Proceedings” (hereinafter referred to as the Law). The instruction came into force on May 16, 2017.

Withholding from earnings

The employer makes deductions from the earnings (equivalent income) of the debtor-citizen, including individual entrepreneurs, on the basis of the bailiff sent:

Instructions and executive document;

Decisions on foreclosure on wages and income equivalent to it. This is also an executive document, which is sent, in particular, to a part-time employer .

In the order, the employer is asked to withhold a certain amount every month and transfer it to the recoverer or to the account of the enforcement authority. In addition, the amount and frequency of withholding, the amount of debt (if any) are indicated.

Previously, withheld amounts could be handed over to the claimant or sent by mail.

Note!

The recoverer has the right, without initiating enforcement proceedings, to send the employer an application for deduction from the earnings (equivalent income) of the debtor. An executive document must be attached to the application. The tenant is obliged to transfer the retained amounts on it to the recoverer at the expense of the debtor.

The law establishes a single amount of deductions in economic and civil cases. This is not more than 50% of the amount of salary (equivalent to it income), from which taxes and mandatory insurance premiums. The exceptions are alimony, state expenses for the maintenance of children, harm associated with a crime ( material damage moral harm, harm to life and health). Then the size of the deductions will be large .

Note!

The bailiff, at the request of the debtor, may determine a smaller amount of deductions.

The list of income from which deduction is possible contains Part 3 of Art. 103 of the Law, and the order is determined by Parts 1 and 2 of Art. 122 Law.

It is necessary to transfer the withheld amounts to the recoverer or to the account of the enforcement authority within three days. The term is calculated from the moment when earnings (other incomes) are paid to the debtor.

Employer accounting control

The correctness of the deductions is systematically controlled by the bailiff. Now the employer must provide him with information about the deductions and the timing of the transfer of money at least once a quarter.

Note!

The bailiff checks the correctness of the deductions and the timeliness of the transfers not according to the approved schedule, but only if necessary. In particular, based on the statement of the recoverer or debtor.

Return of Executive Documents

The executive document, according to which the tenant has collected all the amounts, he is obliged to return to the court, to another body or to the issuer within three days. For example, the executive inscription is returned to the notary. Previously, the executive document was sent to the enforcement authority. Also, the tenant must notify the exactor and bailiff of the full execution.

When an employee leaves, the writ of execution must now be returned to the recoverer within three days (formerly, to the enforcement authority). The bailiff is informed about this.

If the penalties were made not on the basis of a presentation, but on the basis of a decision on foreclosure on earnings, then the decision should be returned to the enforcement body.

Bailiff's orders

The instruction established the forms of decisions and other documents used in enforcement proceedings. This is, for example, a request form that a bailiff sends to banks and other organizations in order to obtain information about money, other property of the debtor, and whether he has an electronic wallet.

In the decision to suspend, in whole or in part, operations on the debtor's bank accounts, the bailiff now prohibits banks (as well as non-bank financial institutions) from opening other bank accounts for the debtor. As before, such a decision can be made against third parties (for example, debtors of the debtor who do not comply with the instructions of the bailiff).

Note!

The decisions of the bailiff, which are executive documents (for example, on foreclosure on earnings, on the suspension of operations on accounts), must have his signature and seal with the image of the State Emblem. Other resolutions are stamped with the name of the enforcement body and indicate personal number bailiff.