ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of September 21, 2007 No. 192

About approval of Administrative regulations on execution of the state function of the organization of search of the debtor organization and property of the debtor (the citizen or the organization)

List of amending documents

According to orders of the Government of the Russian Federation of 19.01.2005 N30 "About Standard Regulations of Interaction of Federal Executive Bodies" (The Russian Federation Code, 2005, N 4, the Art. 305), of 28.07.2005 N452 "About Standard Regulations of the Internal Organization of Federal Executive Bodies" (The Russian Federation Code, 2005, N 31, the Art. 3233), of 11.11.2005 N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" (The Russian Federation Code, 2005, N 47, 4933) I order to the Art.:

Approve the enclosed Administrative regulations on execution of the state function of the organization of search of the debtor organization, property of the debtor (the citizen or the organization).

Administrative regulations on execution of the state function of the organization of search of the debtor organization and property of the debtor (the citizen or the organization)

I. General provisions

1.1. The administrative regulations on execution of the state function on the organization of search of the debtor organization and property of the debtor (the citizen or the organization) (further - Administrative regulations) are developed for the purpose of increase in performance excellence of decisions of judicial and other authorized bodies and determine terms and the sequence of actions when implementing of powers by Federal Bailiff Service by search of the debtor organization and property of the debtor (the citizen or the organization), and also order of interaction between its territorial authorities.

1.2. Execution of the state function on the organization of search of the debtor organization and property of the debtor (the citizen or the organization) is performed according to the Constitution of the Russian Federation, the Federal Law of 02.10.2007 N 229-FZ "About enforcement proceeding" (The Russian Federation Code, 2007, N 41, the Art. 4849), the Federal Law of 21.07.1997 N118-FZ "About Bailiffs" (The Russian Federation Code, 1997, N 30, Art. 3590; 2000, N 46, Art. 4537; 2004, N 27, Art. 2711; 2004, N 35, Art. 3607; 2007, N 10, Art. 1156), Presidential decree of the Russian Federation of 13.10.2004 N1316 "Questions of Federal Bailiff Service" (Russian Federation Code, 2004, N 42, Art. 4111; 2006, N 5, Art. 527).

1.3. In case of execution of the state function on the organization of search of the debtor organization and search of property of the debtor (the citizen or the organization) territorial authorities of FSSP of Russia request in the state bodies performing the control, supervising and registering functions other organizations and obtain from them information on the debtor organization and property of the debtor (the citizen or the organization) according to the procedure provided by these Regulations.

1.4. Information on FSSP of Russia and territorial authorities of FSSP of Russia (postal addresses, data on management, phone numbers, e-mail addresses) is located on the official site of Federal Bailiff Service: www.fssp.ru (appendix N 1).

II. Ministerial procedures

2.1. Execution of the state function of the organization of search of the debtor organization and property of the debtor (the citizen or the organization) includes the following ministerial procedures:

organization of search of the debtor organization and property of the debtor (citizen or organization);

providing expenses on search of the debtor organization and property of the debtor (the citizen or the organization);

conducting search case;

accomplishment of actions for search of the debtor organization and property of the debtor (citizen or organization);

control of realization of powers on search of the debtor organization and property of the debtor (the citizen or the organization);

procedure for appeal of actions (failure to act) and the decisions performed (accepted) by officials in course of execution of the state function of the organization of search of the debtor organization and property of the debtor (the citizen or the organization).

 

Organization of search of the debtor organization and property of the debtor (citizen or organization)

2.2. Organizational and methodical ensuring activities for search of the debtor organization and property of the debtor (the citizen or the organization) performs:

in central office of FSSP of Russia - department of the organization of work on search of property of debtors of Management of the organization of work on realization of property of debtors;

in territorial authority of FSSP of Russia - independent department (group as a part of department) management personnel of territorial authority of FSSP of Russia to which functions on the organization of work of search of debtors and their property are assigned.

Direct implementation of functions on search of the debtor organization and property of the debtor (the citizen or the organization) is assigned to judicial police officers-contractors of structural divisions of the territorial authorities of FSSP of Russia allocated with the order (order) signed by the head of territorial authority of FSSP of Russia powers on search of the debtor organization and property of the debtor (the citizen or the organization) (further - judicial police officers-contractors on search).

2.3. The officials participating performed by the state function on the organization of search of the debtor organization and property of the debtor (the citizen or the organization), bear responsibility for offenses and offenses in accordance with the legislation of the Russian Federation.

 

Providing expenses on search of the debtor organization and property of the debtor (the citizen or the organization)

2.4. In case of lack of the location information of the debtor according to the executive documents containing requirements about protection of interests of the Russian Federation, subjects of the Russian Federation, municipalities, the requirement about collection of the alimony, indemnification caused to health or in connection with the death of the supporter, the requirement about confiscation of the child, the judicial police officer-contractor on the initiative or of the statement of the claimant issues the decree on search of the debtor which affirms the senior bailiff. In the same procedure the decree on search of property of the debtor or search of the child is issued.

In the cases provided by paragraph one, search of the debtor citizen and search of the child are performed by law-enforcement bodies.

Search of the debtor organization, property of the debtor organization and property of the debtor citizen is performed by Federal Bailiff Service according to the statement of the claimant in accordance with the legislation of the Russian Federation.

The copy of the resolution on search of the debtor citizen or search of the child no later than the next day after its removal goes to law-enforcement bodies and to the claimant.

The copy of the resolution on search of the debtor organization or search of property of the debtor (the citizen or the organization) no later than the next day after its removal goes to the judicial police officer-contractor on search and the claimant.

Expenses on search of the debtor, its property and search of the child belong to expenses on making of executive actions and are compensated to the federal budget, and also persons who incurred the specified expenses at the expense of the debtor.

Expenses on search of the debtor citizen and search of the child are determined based on the statement of the law-enforcement body performing such search, and expenses by search of the debtor organization, property of the debtor (the citizen or the organization) - based on calculation made by territorial authority of Federal Bailiff Service.

 

Conducting investigation case

2.5. Based on the resolution of the judicial police officer-contractor on search (appendix N 2) the judicial police officer-contractor on search issues the decree on institution of investigation case (appendix N 3).

Copies of the resolution on institution of investigation case no later than the next day after its removal go to the judicial police officer-contractor at whom on execution is executive to production, and the claimant.

2.6. Investigation case (appendix N 4) shall be started no later than the next day after pronouncement of the resolution on institution of investigation case.

2.7. Investigation case includes:

the inventory of the documents which are in investigation case;

copy of the resolution on search;

resolution on institution of investigation case;

copy of the executive document;

the copy of the application of the claimant about consent to bear expense burden on search of the debtor organization and property of the debtor (the citizen or the organization) and to advance the specified expenses if such consent is required for institution of investigation case;

copy of the resolution on excitement of enforcement proceeding;

prepared by the judicial police officer-contractor on who execution has enforcement proceeding, the certificate of the carried-out legal proceedings on establishment of the location of the debtor organization and property of the debtor (the citizen or the organization) and reasons for impossibility of establishment of the location of the debtor organization and property of the debtor (the citizen or the organization) without carrying out investigation measures;

actions plans on search of the debtor organization and property of the debtor (the citizen or the organization) (appendix N 5);

information obtained from state bodies about the debtor organization or property status of the debtor (the citizen or the organization);

references (acts) following the results of holding separate investigation actions.

2.8. Investigation case has mark "For office use" in connection with availability in it of the documents containing information of limited distribution. The information about the debtor organization and property of the debtor belongs to such information (the citizen or the organization).

2.9. The right to get acquainted with materials of investigation case is had:

head of territorial authority of FSSP of Russia;

his deputy supervising this direction of activities;

the senior bailiff of structural division of territorial authority of FSSP of Russia in whom investigation case is opened;

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