Herald of Civil Procedure
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Commentary to the Federal Law from October 2, 2007 «On enforcement proceedings» (continuation)

D.Kh. Valeev, 
Doctor of Legal Sciences, Professor of the Department of Environmental, 
Employment Law and Civil Procedure of the Kazan (Volga region) Federal University

We continue to publish commentary in this volume to the Federal law «On enforcement proceeding». In this section of the comment the author opens features of realization of property of the debtor at the auction. Realization at the auction of property of the debtor, including property rights, is made by the organization or the person having the right to hold the auction by the corresponding type of property according to the legislation of the Russian Federation. Ee order of tendering is established by the Civil Code of the Russian Federation, other federal laws and resolutions of the Government of the Russian Federation. So, considering features of separate types of property, the ministries and departments adopt their own regulations in order to make realization of this property. For example, the object of incomplete construction can't be sold from the public auction as executive production until the property right of the debtor to this object won't be registered by the debtor or the bailiff. At the announcement of the auction cancelled the unrealized property of the debtor is transferred to a creditor at the price to twenty five percent below his cost specified in the resolution of the bailiff on an assessment of property of the debtor.

Keywords: executive production; legislation comments.


Information about the author 

   Valeev D.Kh. (Kazan) – Doctor of Legal Sciences, Professor of the Department of Environmental, Employment Law and Civil Procedure of the Kazan (Volga region) Federal University (420008, Russian Federation, Kazan city, Kremlevskaya st., 18, e-mail: valeev55@gmail.com).


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D.Kh. Valeev