recovery of funds from the budget of the Russian Federation on the executive dock

[Адвокат]

collection of funds from the budget of the Russian Federation under the executive document

The order of foreclosure on the funds of the budgets of the budget system of the Russian Federation on the basis of executive documents
The Finance Committee of St. Petersburg, in the execution of executive documents, is guided by chapter 24.1 of the Budget Code of the Russian Federation.
In accordance with Art. 242.1 of the Budget Code of the Russian Federation execution of judicial acts on foreclosure of funds from the budgets of the budget system of the Russian Federation is carried out in accordance with the Budget Code on the basis of executive documents (writ of execution, court order) indicating the amounts to be collected in the currency of the Russian Federation, as well as in accordance with the requirements established by the legislation of the Russian Federation for executive documents, deadlines for presenting executive documents, interruption in the deadline for presenting executive documents, and restoration of the missed deadline for presenting executive documents.

An executive document (with the exception of a court order) sent for execution by the court at the request of the recoverer or by the recoverer himself must be accompanied by a copy of the judicial act duly certified by the court on the basis of which it was issued, as well as a statement of the recoverer indicating the details of the recoverer’s bank account, on which must be transferred funds to be recovered.

The application shall be signed by the claimant or his representative with the application of a power of attorney or a notarized copy of the power of attorney or other document certifying the representative’s authority.
A duplicate of the writ of execution shall be sent for execution together with a duly certified copy of the court ruling on its issuance.

In accordance with Art. 242.4 of the Budget Code of the Russian Federation an executive document providing for the recovery of funds from the budget of a constituent entity of the Russian Federation for monetary obligations of a budgetary institution-debtor, shall be sent by the court at the request of the collector or by the exactor together with the documents referred to in paragraph 2 of Article 242.1 of the Budget Code of the Russian Federation Federation, to the body that opens and maintains personal accounts of budgetary institutions of a constituent entity of the Russian Federation, at the place of opening to a debtor, as a recipient of budget funds of a constituent entity of the Russian Federation, personal accounts for accounting operations for the execution of budget expenditures of a constituent entity of the Russian Federation, as well as funds received from business and other income-generating activities

List of documents to be forwarded by the collector to the Finance Committee for the execution of a judicial act
In order to provide a public service, the collector (or the judicial authority at the request of the collector) shall send to the Finance Committee the original of the writ of execution (writ of execution, court order) indicating the amounts to be collected in the currency of the Russian Federation, which meets the requirements of the legislation of the Russian Federation.

The following shall be attached to the executive document (with the exception of the court order):
- a duly certified copy of the judicial act on the basis of which it was issued;
- a claimant's statement indicating the details of the claimant's bank account, to which the funds to be collected must be transferred.

The application shall be signed by the claimant or his representative with the application of a power of attorney or a notarized copy of the power of attorney or other document certifying the representative’s authority.

A duplicate of the writ of execution shall be submitted together with a duly certified copy of the court ruling on its issuance.

 

[Адвокат]

Information on the procedure for determining the compliance of a writ of execution, a court order and a copy of a judicial act of courts of general jurisdiction, as well as a writ of execution and a copy of a judicial act of arbitration courts with the requirements of the legislation of the Russian Federation.
Document Requirements
Requirements for writ of execution established by Article 13 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-ФЗ

The writ of execution shall contain the following details:
1) the name and address of the court issuing the writ of execution;
2) the name of the case or materials on the basis of which the writ of execution was issued, and their numbers;
3) the date of adoption of the judicial act;
4) the date of entry into force of the judicial act or an indication of immediate execution;
5) information about the debtor and the collector:
a) for citizens - last name, first name, patronymic, place of residence or place of stay, and for the debtor also - year and place of birth, place of work (if known);
b) for organizations - name and legal address;
c) for the Russian Federation, a subject of the Russian Federation or a municipality - the name and address of the body authorized on their behalf to exercise the rights and fulfill duties in the enforcement proceedings;
6) the operative part of the judicial act, containing the requirement to entrust the debtor with the obligation to transfer money to the collector;
7) the date of issue of the writ of execution.

If a deferral or installment plan is provided before the issuance of the writ of execution, then the writ of execution shall indicate at what time the deadline for the execution of the requirements contained therein begins.

An executive document issued on the basis of a judicial act or which is a judicial act shall be signed by a judge and certified by the official stamp of the court.
Article 127 of the Civil Procedure Code of the Russian Federation to court orders establishes the following requirements

The court order shall indicate:
1) production number and date of the order;
2) the name of the court, the name and initials of the judge who issued the order;
3) the name, place of residence or location of the claimant;
4) the name, place of residence or location of the debtor;
5) the law on the basis of which the claim is satisfied;
6) the amount of money to be recovered, or the designation of the movable property to be claimed, indicating its value;
7) the amount of the penalty, if its recovery is provided for by federal law or the contract, as well as the amount of interest, if any, due;
8) the amount of the state fee to be recovered from the debtor in favor of the recoverer or to the income of the corresponding budget;
9) details of the bank account of the collector, to which the funds to be collected must be transferred, if the collection is made using the funds of the budgets of the budget system of the Russian Federation.

The court order is drawn up on a special form in two copies, which are signed by the judge. One copy of the court order remains in court proceedings. A copy of the court order is made for the debtor.

A properly certified by the court copy of the judicial act of the arbitration court is determined in accordance with paragraphs 3.33, 3.34 of the Instruction for Proceedings in the Arbitration Courts of the Russian Federation, approved by Order of the Supreme Arbitration Court of the Russian Federation of March 25, 2004 No. 27.

According to the above paragraphs, the persons participating in the case are issued against receipt or sent by registered mail (if necessary, with notification) copies of judicial acts, the accuracy of which is confirmed by court clerks (assistant judges) or judicial experts, if a copy of the official seal is not required to be certified. .

In the upper right corner of each sheet of the copy is stamped "Copy". On the last sheet under the text is stamped “Copy is correct” with the full name of the court indicated in the stamp. The fidelity of the copy is certified by the signature of the person named above with a transcript of the surname, an indication of the position and date of certification. A copy shall be certified by the seal of the clerical department or the judicial composition of the court (if any).

On the issued copy of the judicial act, a note is made on the date of its entry into legal force or that it has not entered into legal force.

If the copy of the judicial act consists of several sheets, they are stitched with a strong thread, the ends of which are displayed on the back of the last sheet, sealed with a paper sticker and sealed with the seal of the court registry, which is partially applied to the paper sticker.

If such a stamp is not available in court, when certifying a copy of the document, all of the listed details shall be indicated.
The following judicial acts are certified by the official seal:
- Decisions on the suspension, resumption and termination of enforcement proceedings;
- Decisions on the suspension of the execution of judicial acts and on the cancellation of the suspension of the execution of judicial acts;
- definitions of securing a claim and cancellation of securing a claim;
- Decisions on the adoption of preliminary interim measures and on the repeal of such measures;
- certificates and definitions of the return of state duties;
- rulings of the bankruptcy court of arbitration: on the introduction of supervision, financial recovery, external management, the appointment of arbitration managers and their release from the duties of arbitration managers, on the establishment of creditors' claims, on the completion of bankruptcy proceedings, as well as copies of judicial acts on satisfied requirements on recognition in cases where writ of execution is not issued (decision on recognition of the right of ownership of property, on invalidation of a normative act, etc.).

The indicated copies shall be signed by the chairperson of the court session and the secretary of the court session or by a specialist of the judicial composition and certified by the official seal.

At the direction of the court’s management, the official stamp is also placed on other decisions (rulings) of the court.
Copies of the remaining court decisions and other judicial acts sent to the persons participating in the case are certified by the seal of the clerical department or judicial staff.
A properly certified by the court copy of the judicial act of courts of general jurisdiction is determined in accordance with Instruction on record keeping dated April 29, 2003 No. 36

In accordance with paragraph 7.8. of the aforementioned Instructions, copies of the verdict, decision, ruling or order issued in the case shall be taken, which shall be certified by the signatures of the judge and the court clerk with the official stamp of the court and sent by affiliation.

If a copy consists of several sheets, they must be numbered, laced and sealed.
A note is made on the issued copy of the court order on the date it entered into legal force or that it did not enter into legal force.
Requirements for powers of attorney of representatives

According to paragraph 2 of Article 242.2 of the Budget Code of the Russian Federation, the application is signed by the claimant or his representative with the power of attorney or a notarized copy of the power of attorney or other document certifying the representative’s authority.

Thus, the representative must present the original power of attorney, or a certified notarized copy of the power of attorney.

 

[Vitoen]

recovery of funds from the budget of the Federation

Where are you from?

 

[Матушкин Андрей Николаевич]

And you?