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Сommentary to the Federal Law from October 2, 2007 «On enforcement proceedings» (continuation)
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». This comment section is devoted to foreclosure on wages and other income of the debtor in enforcement proceedings. Foreclosure of wages and other types of income of the debtor can be made in the following cases: periodic penalty payments; penalty of an amount that not exceeding 10,000 rubles, the debtor has no assets or property that is insufficient for full repayment of the amounts levied. As a general rule, the performance of the executive document from the debtor can be held no more than 50 percent of wages and other similar fees and disbursements until full repayment of the amounts levied. In exceptional cases, the deduction can be up to 70 percent of the income of the debtor: the recovery of maintenance for minor children, with compensation for damage to health, compensation for damage to persons who have suffered damage as a result of death of the breadwinner, with damages for the harm caused by the crime. The requirements to foreclose on wages and other income of the debtor can be executed not only by the bailiff, but also credit institutions, as well as the debtor’s place of work – a natural person.
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: firstname.lastname@example.org).