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Author of the article: Konstantin Milantiev
Last revised September 04, 2021
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Bailiffs have ample opportunities to ruin the life of a debtor as part of forced collection. Citizens are quite logically interested in whether and how long the statute of limitations for enforcement proceedings exists. This question is probably of interest to the creditor, since delay means the impossibility of subsequent collections. We'll tell you when the collection of old debts stops.
Let's understand the concepts
Strictly speaking, the term “limitation period” is incorrect to apply to a writ of execution and a court order. This is explained simply: the statute of limitations concerns the right of a person to file a claim in court. The legal period for filing a lawsuit is 3 years from the date when a person learned of a violation of his right. For example, when a person stopped paying a loan. The court issues a writ of execution or order when the claim is satisfied, that is, the trial has already been completed.
At the same time, “statute of limitations” is a term that is well understood by everyone. That’s why it is often used even where it is not entirely legal. The main thing is that the participants in the conversation understand what exactly is being discussed.
When does Article 78 of the Criminal Code of the Russian Federation apply?
According to current legislation, Article 78 of the Criminal Code can be applied at different stages of the criminal process:
- At the stage of preliminary investigation, unless we are talking about a particularly serious criminal act.
- At the time of transfer of the case to the court of first instance. In this case, it is necessary to file a corresponding petition addressed to the judge during the preliminary hearing.
- During the trial. This also requires filing a petition addressed to the presiding judge, but first obtaining the permission of the defendant.
This provision can be applied at any stage of criminal proceedings, even after the verdict has been announced by the court of first instance. All that matters is that the sentence does not enter into legal force.
It is important to understand that the court is not at all interested in applying the provisions of Article 78 to murderers. Thus, everything depends on the correct actions of the lawyer. If he does not even manage to achieve the application of the norm in question, but he does everything correctly, then he has the opportunity to file a cassation appeal. During the cassation hearing of the case, the judges will pay attention to the actions of the defense that are correct from the point of view of the law and will overturn the verdict of the lower court by applying the provisions of Article 78.
Statute of limitations for debt collection
Statutes of limitations for various reasons
First, it makes sense to understand how long a writ of execution for debt collection is valid. The answer depends on the type of writ of execution (hereinafter referred to as IL). In accordance with Article 21 No. 229-FZ:
- As a general rule, the creditor has three years to present a writ of execution.
The countdown begins from the moment the court decision enters into force; - IL with an omitted statute of limitations, but restored by a court decision, must be presented for collection within two months;
- IL with regular payments can be presented during the entire period of these payments, to which another three years are added;
- IL for administrative offenses is valid for two years
after the entry into force of the court decision; - The statute of limitations for an IL with a claim for the return of a child who entered the territory of the Russian Federation illegally is one year.
A court order is presented to open enforcement proceedings no later than three years from the date the document enters into force.
Two more special cases deserve special mention:
- a court decision where the debtor is given a period of time for execution,
- the debtor received an installment plan or deferment under the IL.
Then the period for collection under the writ of execution begins from the end of the time for payment or deferment of payments.
When the deadline is interrupted
Article 22 No. 229-FZ provides for two cases of interruption of the three-year validity period of the IL:
- Submitting the sheet for execution to the bailiff or the bank.
- Partial execution by the debtor of a court decision.
After the expiration of the grounds for interruption, the validity period of the writ of execution for the collection of funds continues.
If the IL is returned to the creditor due to impossibility of execution, the statute of limitations is counted anew. That is, if the bailiff returned the sheet or order due to the fact that he did not find the debtor and his property, then the bank will have another 3 years to present the documents again. But No. 229-FZ provides for two exceptions:
- the return occurred at the initiative of the creditor;
- The debtor has taken actions that interfere with the collection of the debt.
In these cases, the period of enforcement proceedings interrupted due to the claimant is deducted from the time for applying to the FSSP (3 years).
If the debtor is declared bankrupt, this means the automatic termination of both the IL and the previously opened enforcement proceedings. This is regulated by the provisions of Article 96 No. 229-FZ (clause 4).
In this case, the enforcement proceedings are suspended, and all related seizures of property and money, bans on traveling abroad and driving a car are lifted from the beginning of the bankruptcy procedure in court. And after the court completes the procedure and writes off the debts, everything is used. Bailiffs are required to close cases. Banks cannot resume collection, even if the person gets a job or receives other income (inheritance, gift).
Attempted murder
Attempted murder, of course, can be classified as a serious prohibited act, for which the criminal norms of the Russian Federation provide for appropriate types of punishment.
The very concept of “attempt” means the absence of a direct result, which was previously intended by the organizer of this act. But, at the same time, it presupposes the obligatory presence of deliberate intent, in which the person knew about the subsequent negative consequences and really wanted them to occur.
In order for an attempt to be recognized as such, it must have all the established signs of a dangerous act. The main features include the following:
- the presence of a direct object. In this case, the object is the life of a citizen, on which an attempt is made;
- definition of a subject - a person who commits an attempted murder. In this case, they must be a person who has reached the age of majority and also has full legal capacity;
- subjective side. Attempted murder must be characterized by the presence of proven premeditation in the actions of the accused. If this circumstance is not properly confirmed, the application of a certain penalty will be unlawful;
- the objective side is determined by the presence of specific external signs that can confirm the entire composition of unlawful actions.
The penalty for attempted murder will certainly be imprisonment. The exact period depends on the immediate circumstances of the case, as well as on the presence or absence of aggravating factors.
The legislation of the Russian Federation establishes a certain period of limitation in relation to such a dangerous act as attempted murder. According to general rules, it will be 15 years. The starting point in this case will also be the moment when the attempt was committed.
If the violation of criminal norms was committed over an extended period of time, the last prohibited act is taken into account.
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Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
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The procedure for restoring a missed deadline for applying to the FSSP
The grounds for restoring the deadline for filing an application with the FSSP are established by Article 23 No. 229-FZ. It contains a list of valid reasons, if documented, the court will extend the period when a claim can be filed. sheet. These include:
- illness of the creditor (confirmed by medical documents);
- lack of information about the possibility of collecting the debt (the situation rarely arises - if the writ of execution has not been sent to the collector);
- long-term business trip (required to provide a travel certificate);
- other circumstances that the judge considers objective.
In practice, these are isolated cases when the claimant is an individual. the person has been ill for several years or is away from home. If the creditor is an organization, bank or microfinance organization, then the terms are not restored.
The Constitutional Court gave interpretations on the statute of limitations for criminal prosecution
Victims Glazkov and Stepanov objected to the termination of criminal prosecution and appealed these decisions, achieving success only in relation to one criminal case, but then higher authorities returned the case to its previous state.
The applicants believe that the court, by not considering their objections to the termination of the proceedings, violates their rights. Thus, they are deprived of the opportunity to exercise their right to access to justice and compensation for damage caused by the crime.
The Constitutional Court explained that, firstly, the legislator, when introducing rules on statutes of limitations, “was based on the inappropriateness of applying criminal liability measures due to the significant reduction in the public danger of a crime after a significant time has passed since its commission.” On March 3, the Constitutional Court of the Russian Federation adopted a resolution regarding the statute of limitations for criminal prosecution.
The complainants were unhappy that the court of general jurisdiction terminated the criminal proceedings due to the expiration of the statute of limitations in relation to the persons from whom they had suffered. The court also recalled its previous positions that “the refusal to initiate a criminal case or its termination in connection with the release of a person from criminal liability and punishment on a non-rehabilitating basis does not entail finding the person guilty or not guilty of committing a crime.” That is, the procedural decision taken in such cases “does not replace the court’s verdict.” Termination of proceedings on a criminal case in connection with the expiration of the limitation period in the reclassification of offenses. Let us assume that the expiration of the statute of limitations for criminal prosecution (clause 3, part 1, article 24 of the Code of Criminal Procedure of the Russian Federation) led to the termination of the criminal case, but there was no the consent of the accused has been obtained. Is it possible to resume production? It is not only possible, but also necessary, since we are talking about the rights of a participant in legal proceedings.
It turns out that the criterion for renewal should be the need to ensure the rights of the participants in the process. At the court hearing, B. did not admit guilt, and B.S. admitted herself partially guilty. From this conclusion it is clear that other multiple bodily injuries were found on the victim’s corpse, including fractured ribs, damage to internal vital organs and the court, taking into account the nature and location and multiplicity of bodily injuries inflicted, reasonably came to the conclusion that the method chosen by the convicted for taking the life of the victim indicates their particular cruelty in killing the victim.
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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Deadlines for opening enforcement proceedings
How bailiffs work - law and realityRelated article
Readers ask how long the bailiff's writ of execution is valid, hoping to write off debts within the time frame. If the sheet is presented to the FSSP, then its validity period is unlimited - the bailiff will collect the money until full payment is made, or will end the case if there is no income or property.
In this case, the bank or other creditor can present the IL again in six months or earlier if the debtor has finances or property is discovered.
Exceptions
The statute of limitations has its exceptions. The legislation provides a list of crimes that cannot be forgiven either after two years or after fifteen years. All these crimes are united by their severity, since they can claim a large number of human lives and cause serious damage to society.
So, the number of crimes for which the statute of limitations does not apply includes the following options:
- terrorism or actions facilitating a terrorist act. Terrorism is a method of manipulation that is used by extremist (usually) organizations to influence the activities of a particular state by inducing panic. Terrorist acts may include undeclared wars, explosions in crowded places, assassinations of politicians, disruption of communications between countries, and so on;
Terrorism does not imply a statute of limitations
- hostilities. According to Articles 353 and 356 of the Criminal Code, military actions are also included in the list of serious crimes. In this case, we are talking about the so-called aggressive war, which involves active aggressive actions and the use of prohibited weapons, leading to mass casualties;
- genocide. As history shows, genocide can take on a global scale, leading to the systematic extermination of people on racial, national or religious grounds. In addition to direct killing, genocide also includes imposing restrictions on childbearing for certain groups of people. At the moment, genocide is one of the most serious crimes;
Genocide is one of the most serious crimes
- ecocide. Ecocide is a relatively new concept, appearing in Article 358 of the Criminal Code of the Russian Federation. It involves the destruction of natural resources, which is carried out through water or air pollution, as well as the destruction of animals or vegetation. All such actions can lead to an environmental disaster, and their destructive consequences are unpredictable.
Reference. Acts associated with terrorism include acts such as the seizure of government officials, the forcible retention of power, the organization of civil uprisings, and attacks on internationally protected persons.
Ecocide can lead to a large-scale environmental disaster
Duration of enforcement proceedings
The next question is how long does enforcement proceedings last for bailiffs? According to Art. 36 Federal Law No. 229-FZ, the FSSP employee is given two months to execute the court decision.
In practice, cases where debt repayment occurs in such a short time are extremely rare. At the request of the claimant, the bailiff may extend the term, for which he will issue a separate ruling - for example, if no answers have been received from the state. authorities about the debtor's property, if the person is wanted, if an auction is being prepared.
Enforcement proceedings may also be suspended:
- by a court decision - for example, if the debtor challenges the collection on newly discovered grounds or when bankruptcy is declared in the Arbitration Court;
- in the event of the death of the debtor or his recognition as incompetent - until the date of identification of heirs or guardians;
- at the request of the debtor himself - in case of his illness or conscription into the army.
If the bailiff checked the property and income of an individual. person, and came to the conclusion that there is nothing to collect, the IL is returned to the collector. Resumption of enforcement proceedings occurs at any time in accordance with a repeated application by the creditor. As already noted, the basis for its complete termination is the bankruptcy of the debtor.
My own lawyer
On July 3, 2021, President Putin V.V. signed the Law of the Russian Federation No. 323-FZ on amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation on improving the grounds and procedure for exemption from criminal liability.
Now criminal liability under Article 116 of the Criminal Code of the Russian Federation occurs if the beatings were inflicted from hooligan motives, based on political, ideological, racial, national, religious hatred, or hatred towards any social group. For beatings of close relatives, criminal liability arises only under Article 116.1 of the Criminal Code of the Russian Federation, that is, if the perpetrator, having been subjected to administrative punishment for beatings, commits beatings again.
Hence, persons may be brought to criminal liability under Article 116.1 of the Criminal Code of the Russian Federation if the following conditions are met.
- the person was brought to administrative responsibility under Article 6.1-1 of the Code of Administrative Offenses of the Russian Federation and one year has not passed since the entry into force of the administrative resolution for this offense.
- The victim contacted the police with a statement of private accusation to the magistrate containing a request to initiate a criminal case and bring the perpetrator under Article 116.1 of the Criminal Code of the Russian Federation.
This law introduced changes to the content of Article 116 of the Criminal Code of the Russian Federation “Battery” and added Article 116.1 of the Criminal Code of the Russian Federation “Battery by a person subject to administrative punishment” to the criminal code. The subject of the proceedings under Art. 116.1 of the Criminal Code is physical pain committed against persons who are not close to the offender, if the pain is caused within a year after the offender has already been administratively charged with beatings once. At any time during the trial, a private prosecutor may waive the charge or change the charge to a more serious one, justifying the new content of the charge in the statement.
Deadline for payment of court debt
The debtor is given 5 working days to voluntarily comply with the court decision. In this case, the enforcement fee is not charged - 7% of the debt amount, but not less than 1000 rubles.
The period is counted from the date when the debtor received a copy of the resolution on the commencement of enforcement proceedings in any way:
- in the hands
of the bailiff; - by mail
is the most common method. A copy of the document is sent to the debtor's address. Moreover, if the debtor does not receive the letter due to his own fault - he refuses to deliver it at the post office, then he will still be considered notified; - through State Services.
Yes, in 2021 the bailiff has the right to notify the debtor about the initiation of a case on the State Services portal, and such online information is considered appropriate and completely legal.
If within the next 5 business days the money is not sent to the FSSP account, the debtor will have to pay a fee for the service. Moreover, if the person subsequently pays on his own or agrees with the creditor on a repayment schedule, the fee will still be collected.
You can check the debt with the bailiffs by last name on the official website or through our verification service. Both are free.
In what cases is it not taken into account?
In the Russian Federation there are crimes for which the statute of limitations is not taken into account. These are the cases:
- committing acts of terrorism;
- hostage taking;
- ship hijacking;
- initiation of military action;
- genocide.
In these cases, the perpetrators can be held accountable, regardless of how much time has passed since the commission of the criminal acts. There are rules for prosecution for theft not only in Russia, but also in Ukraine, Germany, Belarus and other countries. If a crime of minor gravity is committed, then the statute of limitations is two years (Article 83 of the Criminal Code of the Republic of Belarus).
There are features of calculating time limits for different types of property theft. For example, shoplifting. In this case, no criminal case is initiated at all if the value of the stolen item does not exceed 1 thousand rubles (Article 7.27 of the Code of Administrative Offenses). If damage is caused for a larger amount, then a case is initiated under the Criminal Code. The victim proves what losses he suffered. Documents for products are accepted as evidence: acts, invoices. The actual amount of damage is taken into account. During the hearing of the case, it is clarified what money was spent by the store on the purchase of goods without a trade markup. For example, a person stole a bottle of wine worth 1,200 rubles from the sales floor, and the purchase price is 800 rubles. In this case, the violation will be classified as petty theft, and, therefore, the act does not reach criminal liability. The thief only faces a fine in accordance with administrative legislation. If a person was not allowed to take out the goods at all, but was confiscated at the checkout, then there is no liability. This is an offense for which no sanctions are established under administrative law.
The concept of limitation applies only if it is declared by the defendant as a party with an interest in the court rejecting the plaintiff’s claims. The question of whether to apply this period or not is decided by the court at the stage of consideration of the case or in preparation for the trial. If it is proven that the plaintiff himself is to blame for missing the deadline, and there are no valid reasons for this, then the judge refuses to accept the claim without investigating other materials of the case. Valid reasons include the plaintiff’s illness, helpless state, and other circumstances related to the personality of the victim.
How quickly do bailiffs close proceedings?
Termination of recovery in enforcement proceedingsRelated article
The inability of the debtor to fulfill financial obligations established by a court decision becomes the basis for termination or termination of proceedings. The bailiff makes such a decision within a period of two months to three years after opening. The writ of execution is returned to the claimant.
After the bailiff completed the case under Part 4, Clause 1 of Art. 46 Federal Law No. 229, a citizen has the right to submit documents to the MFC to write off debts of up to half a million in out-of-court bankruptcy.
At the same time, in the list of creditors you can indicate not only the debt that the bailiffs had, but also other arrears - outstanding loans and microloans, housing and communal services, taxes and fines, even debt for the Internet or telephone.
How to prepare documents for free bankruptcy through the MFC, how much they will write off, and what you can do during the procedure, we described in a special material.
Until the citizen has written off the debts through the MFC, the creditor has the right to resume proceedings - re-submit the application and sheet to the FSSP. It is important that the countdown of the deadline for submitting the writ of execution to the bailiffs after the return of the IL due to the impossibility of collection begins anew.
If there are no grounds for ending the proceedings - for example, a person has a salary or pension, he receives regular income, then the reason for closing the cases will be the recognition of bankruptcy of the individual. persons through the court. This is a real and legal way to get rid of debt, and the total amount should be at least 300 thousand rubles. There is no upper limit - at least a million, at least 100 million rubles.
How to dismiss a case in court under Article 116 of the Criminal Code of the Russian Federation
No one explained to him the details of what happened.
The victim, FULL NAME1, asked to bring V.O. Pavlov to criminal liability under Art. 116 part 1 of the Criminal Code of the Russian Federation for inflicting beatings that caused physical pain, about which she previously submitted a written statement.
On March 05, 2012, the Judicial Collegium for Criminal Cases of the Irkutsk Regional Court considered in open court criminal case No. 1-148-11 against V. O. Pavlov, born “DATE” in “DATA WITHDRAWAL”, “DATA WITHDRAWN”, residing at “ADDRESS”, liable for military service, not working, registered with the TsZN “DATA SEIZED”, not previously convicted, Defendant Pavlov V.O. committed violent acts that caused physical pain, but did not entail the consequences specified in Art.
115 of this Code.
FAQ
When can production not be reopened due to the expiration of the statute of limitations?
Discovery is impossible if the creditor has not contacted the bailiffs within three years after the court decision was made or after the return of the IL to the recoverer. In a number of special cases, which are described above, instead of three years there will be shorter terms.
Is the number of repeated applications to the FSSP limited?
Such restrictions are not established by current legislation. The only requirement that is presented to the claimant is to comply with the deadlines established by the enforcement procedure.
How much time is given to the claimant to re-apply to the FSSP?
Repeated presentation of the IL to the FSSP for forced collection of the debt after the return of the document is possible after six months. For other executive documents, except for the sheet - orders, contracts with the executive. a notary's inscription, traffic police regulations - a period of two months.
The claimant can resubmit the claim without waiting 6 months if there is information that the debtor’s financial situation has changed for the better.
The most accessible and correct way to understand this not so simple problem is to contact professional lawyers. If you need to write off debts due to the expiration of terms or due to the impossibility of payment, call us! We professionally deal with personal debts. individuals and help you get rid of loans according to the law.
DebtsLimitation periodBailiffs
Author of the article Konstantin Milantiev
Publications 276
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about the author
Expert in the field of bankruptcy of individuals. He has been an active arbitration manager since 2015. Konstantin’s publications are published in various expert publications and media. Active participant in conferences, seminars and discussions on amendments to the current legislation of the Russian Federation on bankruptcy.
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Using the statute of limitations to avoid responsibility
The previous Criminal Code excluded punishment for a murderer who had been hiding from investigation for 15 years. With the only condition - during this period the perpetrator should not have committed a single offense.
In the modern Code, adopted in 1996, such a measure is excluded. Now the statute of limitations is suspended until the perpetrator is detained or appears before law enforcement authorities on his own. The statute of limitations can only expire for reasons beyond the control of the offender.
It is unlikely that the criminal will be able to independently delay the application of punishment and thereby wait until the statute of limitations expires.
It is only possible to defer the term of serving the sentence. But, firstly, the deferment applies only to women and men - the only parent of a child under 14 years of age, and secondly, the deferment is not provided for serious and especially serious crimes.
