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18/05/2024
Saturday
THIS DAY IN HISTORY:
18 May 
1970 India became the sixth nuclear-weapon state.
1970 The European Convention for the Protection of Human Rights and Fundamental Freedoms entered into force.
1970 The craftsmen from Toulouse made the first successful glass engraving.
18 May
1970 India became the sixth nuclear-weapon state.
1970 The European Convention for the Protection of Human Rights and Fundamental Freedoms entered into force.
1970 The craftsmen from Toulouse made the first successful glass engraving.
Three-day time limit may be approved for termination of enforcement proceedings in Russia
Several deputies of the State Duma came up with the initiative to reduce the deadlines for completing enforcement proceedings. On January 13, 2022, draft law No. 55151-8 was officially registered and sent for further discussion. If the legal document is adopted, the lives of many former debtors whose obligations have already been paid off will become noticeably easier.
Instead of a two-month period, which is established by the current legislation for the termination of the collection, the deputies offer to approve a three-day period. We are talking about the actions of bailiffs, provided for in the Articles 43 and 47 of the Federal Law ‘On Enforcement Proceedings’.
In addition, the deputies drew attention to the fact that the current rule of law is in conflict with the provision of the law ‘On Insolvency (Bankruptcy)’. The end of the recovery must take place immediately after the debtor has received the status of bankrupt (Article 126).
It would seem that robotization should have affected the work of bailiffs. We should recall that at the end of 2021, Vladimir Putin signed the law on digital enforcement proceedings. It, in particular, contains rules on a three-day period for initiation and assumes the termination of penalties automatically, without the participation of a human factor.
The legal development proposed in the draft law will also be applied to situations not related to bankruptcy. In particular, we are talking about cases of actual performance of a debt by one of the joint and debtors, and cases related to the cancellation of judicial acts that became the basis for the commencement of enforcement proceedings and a number of others.
Instead of a two-month period, which is established by the current legislation for the termination of the collection, the deputies offer to approve a three-day period. We are talking about the actions of bailiffs, provided for in the Articles 43 and 47 of the Federal Law ‘On Enforcement Proceedings’.
According to deputies, the current provision on a period of two months in practice often negatively affects the financial position of the debtor.
Income continues to be collected from a person, despite the fact that the debt itself has actually been repaid. In order to return the funds that have been collected in excess of what was necessary, the citizens are forced to apply to court, and this also entails spending time and effort.In addition, the deputies drew attention to the fact that the current rule of law is in conflict with the provision of the law ‘On Insolvency (Bankruptcy)’. The end of the recovery must take place immediately after the debtor has received the status of bankrupt (Article 126).
It would seem that robotization should have affected the work of bailiffs. We should recall that at the end of 2021, Vladimir Putin signed the law on digital enforcement proceedings. It, in particular, contains rules on a three-day period for initiation and assumes the termination of penalties automatically, without the participation of a human factor.
However, according to the deputies, not all debtors in practice can be registered with the State Services in order to apply with an electronic application.
Technological conditions for the implementation of a ‘digital transformation’ have not yet been created in a number of regions.The legal development proposed in the draft law will also be applied to situations not related to bankruptcy. In particular, we are talking about cases of actual performance of a debt by one of the joint and debtors, and cases related to the cancellation of judicial acts that became the basis for the commencement of enforcement proceedings and a number of others.
18.01.2022
