of December 29, 2022 No. 573-FZ
About application of provisions of the Federal Law "About Enforcement Proceeding" in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region
Accepted by the State Duma on December 20, 2022
Approved by the Federation Council on December 23, 2022
1. The executive documents issued or which are taken out by courts of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine till September 30, 2022, being subject for this date to execution in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region are performed according to article 11 of the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" taking into account the features established by this Federal Law.
2. The executive documents issued or which are taken out by courts of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine till September 30, 2022 based on the court resolutions which took legal effect underwent consideration in court of cassation instance taking into account respectively provisions of article 10 of the Federal constitutional Law of October 4, 2022 No. 5-FKZ "About acceptance to the Russian Federation of the Donetsk People's Republic and education as a part of the Russian Federation of the new subject - the Donetsk People's Republic", article 10 of the Federal constitutional Law of October 4, 2022 No. 6-FKZ "About acceptance to the Russian Federation of the Luhansk People's Republic and education as a part of the Russian Federation the new subject - the Luhansk People's Republic", article 10 of the Federal constitutional Law of October 4, 2022 No. 7-FKZ "About acceptance to the Russian Federation of the Zaporizhia region and education as a part of the Russian Federation of the new subject - the Zaporizhia region", article 10 of the Federal constitutional Law of October 4, 2022 No. 8-FKZ "About acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject - the Kherson region", have the same legal force, as the executive documents issued or which are taken out by courts of the Russian Federation and are subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding".
The executive documents issued based on court resolutions on criminal proceedings in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region till September 30, 2022 are subject to forced execution taking into account requirements of the legislation of the Russian Federation about features of application of provisions of the Criminal Code of the Russian Federation and the Code of penal procedure of the Russian Federation in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region.
1. The executive documents on money recovery, the budgets of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region which were subject to transfer in the income issued or taken out by courts, other state bodies or officials of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine till September 30, 2022 for the purposes of forced execution have the same legal force, as the executive documents issued or which are taken out by courts, other state bodies or officials of the Russian Federation and are subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" if the residence (stay) or the location of the debtor and (or) the location of property of the debtor is the territory of the Russian Federation.
2. The executive documents issued or which are taken out by courts of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine till September 30, 2022 for the purposes of forced execution have the same legal force, as the executive documents issued or which are taken out by courts of the Russian Federation and are subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" if the residence (stay) or the location of the parties of enforcement proceeding or if the residence (stay) or the location of the claimant and the location of property of the debtor is the territory of the Russian Federation.
1. The executive documents on collection of the alimony which were on forced execution in the bodies of the public power performing functions on forced execution of executive documents in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region as of September 30, 2022 for the purposes of forced execution have the same legal force, as the executive documents issued or which are taken out by courts, other state bodies or officials of the Russian Federation and are subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding".
2. The executive documents on collection of the alimony issued or which are taken out by courts, other state bodies or officials of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine till September 30, 2022, being subject for this date to execution in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region have the same legal force, as the executive documents issued or which are taken out by courts, other state bodies or officials of the Russian Federation and are subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" if the residence (stay) or the location of the parties of enforcement proceeding or if the residence (stay) or the location of the claimant and the location of property of the debtor is the territory of the Russian Federation.
1. If obligations on the credits (loans) to the legal entities registered in the territory of Ukraine and having according to the legislation of Ukraine rights based on the license (permission) to issue the credits (loans), or other persons to whom are transferred (are yielded) rights to claim according to such obligations, and also the encumbrances of the rights to real estate providing execution of the specified obligations including mortgage (pledge of the real estate), the executive documents according to such requirements issued or which are taken out by courts, other state bodies or officials of Ukraine were stopped (are recognized as invalid) according to regulatory legal acts of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region, and executive texts of notaries of Ukraine according to such requirements are not subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" (including in the part concerning debt collection on principal debt, percent, penalties (penalties, penalty fee), applications of other measures of responsibility and the address of collection on real estate).
2. The executive documents on money recovery from the state and municipal companies of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region for the obligations which arose till the September 30, 2022, except for obligations on indemnification caused to health, indemnification in connection with the death of the supporter, to requirements about compensation of moral harm, dismissal wage payment and compensation of persons working (working) according to the employment contract, payment of remunerations to authors of results of intellectual activities issued or taken out by courts, other state bodies or officials of the Donetsk People's Republic, the Luhansk People's Republic, Ukraine are not subject to forced execution according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" (including in the part concerning debt on principal debt, to percent to penalties (penalties, penalty fee), applications of other measures of responsibility and the address of claim to property) till January 1, 2026.
3. The enforcement proceeding initiated based on the executive document specified in part 2 of this Article terminates in connection with the notice of the claimant on impossibility of collection according to the executive document, the unexecuted decree on collection of performing collection issued within the specified enforcement proceeding is repealed by the judicial police officer-contractor. The collected performing collection is not subject to return.
4. The term of presentation of the executive document specified in part 2 of this Article is interrupted from the date of adoption on it of the decision on the termination of enforcement proceeding according to part 3 of this Article or decision making about refusal in excitement of enforcement proceeding based on such document and is resumed since January 1, 2026.
1. If according to Articles 1 - 4 presents of the Federal Law the executive documents which were as of September 30, 2022 on execution in the bodies of the public power performing functions on forced execution of executive documents in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region are subject to transfer on execution to bodies of forced execution of the Russian Federation, excitement of enforcement proceeding according to the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" is performed without statement of the claimant. At the same time term for voluntary execution of the requirements containing in the executive document is not established, the decree on collection of performing collection is not issued (in case of its availability in the transferred enforcement proceeding materials), the parties of enforcement proceeding are considered informed on excitement of enforcement proceeding from the moment of placement of information on excitement of enforcement proceeding in the databank containing the data necessary for implementation of tasks on forced execution of court resolutions, acts of other bodies and officials according to article 6.1 of the specified Federal Law, and earlier set restrictions on property (including property rights) the debtor remain. In case of need execution of the decisions made by officials of the bodies of the public power performing functions on execution of executive documents in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region can be provided by adoption of similar decisions according to the specified Federal Law.
2. Along with transfer on execution to bodies of forced execution of the Russian Federation of the executive documents specified regarding 1 this Article transfer of materials of enforcement proceedings is performed. The money collected according to resolutions on collection of performing collection, expenses on making of executive actions and about imposing of penalty is transferred into the federal budget by the corresponding codes of budget classification of the Russian Federation.
3. Before completion of forming in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region of bodies of forced execution of the Russian Federation, but not later than till February 1, 2023 execution of the executive documents which are subject to forced execution according to Articles 1 - 4 presents of the Federal Law, and also the executive documents issued or which are taken out by courts, other state bodies or officials of the Russian Federation after September 30, 2022 and subjects to execution in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region can be performed by officials of public authorities of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region to which functions on forced execution of executive documents are assigned.
4. Forced realization of property of the debtor transferred to realization till September 30, 2022 in the case specified in part 3 of this Article is performed according to the procedure, provided by regulatory legal acts according to the Donetsk People's Republic, the Luhansk People's Republic. The money obtained from realization of the specified property of the debtor is transferred into the personal accounts for accounting of transactions with the means going into the interim order of bodies of forced execution of the Russian Federation opened according to the budget legislation of the Russian Federation to public authorities of the Donetsk People's Republic, the Luhansk People's Republic to which functions on forced execution of executive documents are assigned.
5. If in provided by Articles 1 - 4 presents of the Federal Law executive documents which were not as of September 30, 2022 on execution in the bodies of the public power performing functions on forced execution of executive documents in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and according to which No. 229-FZ provided by the Federal Law of October 2, 2007 "About enforcement proceeding" the term of their presentation to execution did not expire are absent the information about the debtor and (or) the claimant, stipulated in Item 5 parts 1 of article 13 of the specified Federal Law, for the purpose of decision making about excitement of enforcement proceeding the officials authorized on adoption of such decision request the following information about the debtor and (or) the claimant: series and document number, proving the identity (concerning physical persons), - in law-enforcement bodies; identification taxpayer number or other identifier (concerning legal entities) - in tax authorities. In the absence of the specified data the enforcement proceeding is not initiated.
President of the Russian Federation
V. Putin
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