Herald of Civil Procedure
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Сommentary 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


In this issue we continue publishing a comment to the Federal Law «About Enforcement Proceedings». In this section, the author reveals the comment order of execution of nonmaterial requirements, particularly fulfillment of the requirements for reinstatement, the eviction of the debtor and the creditor, the administrative suspension of the activities of the debtor and the debtor of the consequences of violating the restrictions associated with the execution of these requirements. This section also reveals ranking of claims made by claimants, the order of execution of the requirements for the recovery of performance fees, fines imposed by the bailiff for non-legitimate demands of the bailiff. For example, in case of the requirements of the administrative suspension of the activities, proceedings conducted with the participation of witnesses (if necessary – with the assistance of police officers) with drawing up the act. Administrative suspension of activities is set for a period of up to ninety days. In solving the problem of fair distribution of amounts collected from the debtor (the distribution of recovered from the debtor in enforcement proceedings), the legislator has established three criteria: the protection of the public interest, the protection of the most vulnerable segments of the population and meeting the requirements of the executive order of receipt of documents.

Keywords: enforcement; comments on legislation.


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, Kazan city, Kremlevskaya st., 18, e-mail: valeev55@gmail.com).

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D.Kh. Valeev