Dommentary 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 the comment to the Federal Law «On Enforcement Proceedings». His section is devoted to the analysis of the provisions Federal Laws «On Enforcement Proceedings» concerning protection of the rights of creditor and other participants of executive production, and also transitional provisions of this Federal Law. Creditor has the right to show to the persons paying to the debtor a salary, pension, a grant or other periodic payments, the claim about collecting the sum of money withheld from the debtor, but not listed to a creditor on their fault. Specifics of this way of protection is that responsibility born in this case by the debtor, and the organization which under the law or by a court decision that has to be hold from the debtor of the sum by production of collecting according to the executive document. In case of the dispute connected with accessory of property on which the collecting addresses, the interested citizens and the organizations have the right to appeal to court with the claim about release of property from arrest or its exception of the inventory. Thus it is necessary to consider that the judicial bailiff, having received the statement of the person not participating in enforcement proceedings for accessory to it the disputable arrested of property, can release only in the absence of the dispute connected with accessory of property on which collecting addresses.
Keywords: enforcement proceedings; comments on legislation.
Sbornik postanovlenij plenumov verhovnyh sudov SSSR i RSFSR (RF) po grazhdan- skim delam [Collection resolutions of the Supreme Courts of the USSR and the RSFSR (Russian Federation) in civil cases] (in Russian). M., 1995. P. 53–59.
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).