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Repayment of debt by foreclosure On property And accounts receivable of the debtor The foreclosure of the property of the debtor organization Is the enforcement of judicial acts and consists of His arrest, seizure and forced sale of property.
In accordance with Article 58 of the Federal Law "On Enforcement Proceedings" in If the debtor-organization does not have sufficient funds sufficient To repay the debt, the recovery is applied to other property, Owned by him on the right of ownership, the right of economic management Or the right of operative management (with the exception of property withdrawn from Turnover or limited in circulation), regardless of where and in whose Actual use it is. Penalties can also be drawn not only on things and monetary Means, but also on the property rights of the debtor, which, by virtue of Art. 128 The Civil Code of the Russian Federation is one of the types of property. General procedure for foreclosure on the debtor's property Is governed by the provisions of the Federal Law "On the Executive Production ", the norms of the Civil Code of the Russian Federation, the Provisional Instruction (approved by the Order of the Ministry of Justice of the Russian Federation of July 3, 1998, No. 76).
The main feature when applying foreclosure on property Debtor organization is the need for priority The arrest and sale of this property, the procedure of which is defined in article 59 of the Federal Law "On Enforcement Proceedings": 1) first of all - property not directly participating in the Production (securities, cash on deposit and other Accounts of the debtor, currency valuables, cars, subjects Design of offices and other); 2) in the second turn - finished goods (goods), as well as other Material assets that are not directly involved in the production and Not intended for direct participation in it; 3) in the third turn - objects of real estate, as well as raw materials and Materials, machine tools, equipment, other fixed assets, Intended for direct participation in production. Breach by a bailiff-executor of an established.
The priority of foreclosure on the debtor's property, as well as other Procedural actions (inaction), provided by law under Execution of the executive document, is the basis for Appeal to the arbitration court (if this The executive document was issued by the arbitration court) and is considered in Order of administrative proceedings p. 90 of the Federal Law "On Enforcement proceedings ", art. 329 of the agrarian and industrial complex of the Russian Federation. In all other cases, a complaint against the executive Actions by the bailiff-executor or refusal to commit such Actions (including refusal to challenge the bailiff); Shall be submitted to a court of general jurisdiction at the location of the court bailiff. (Part 1, Article 90 of the Federal Law "On Enforcement Proceedings").
As an example, the case is given, in the consideration of which Three procedural violations of the Law "On Executive Production (hereinafter - Law No. 119-FZ). 1) In case of foreclosure on the property of the debtor Take into account its priority (Article 59 of Law No. 119-FZ). 2) All decisions of the bailiff taken at Execution of executive actions affecting the interests of the parties Or other persons, are issued by its resolution (Part 1, Article 88 of Law No. 119-FZ). 3) The Parties, when executing executive actions, have the right To make petitions, participate in the performance of executive Actions, to express their arguments and considerations on all issues, Arising in the course of enforcement proceedings (Article 31 of Law No. 119-FZ). Consequently, all arguments of the bailiff about The debtor has no property to pay for Shall be confirmed by materials of the executive Production.
Non-observance of this provision is also The basis for the recognition of the actions of the bailiff-executor Illegal. It should be noted that the rules of the administrative Legal proceedings are not applied when it comes to the consideration of disputes, Related to the ownership of the property to be recovered In the process of enforcement proceedings. In accordance with Art. 92 of the Federal Law "On In these cases, interested citizens and Organizations have the right to apply to the arbitration court for a libel Property from arrest or exclusion from the inventory according to general rules Proceedings. In recent years, enforcement has been widely applied Collection of receivables, which Is an aggregate of property rights (claims rights), Owned by the debtor as a creditor for unfulfilled before him Monetary obligations of third parties.