Court enforcement officers will climb in all debtsCourt enforcement officers can acquire the right to collect debts even from those citizens or the companies in which relation of any judgements was not accepted. Today the State Duma should approve in the third reading the project of new edition of the law “ About executive manufacture “. He allows police officers to collect for judgement execution money not only from the debtor, but also from all those who owes to it.
yesterday the State Duma Council has not included, as it was supposed, in the today`s agenda a question on acceptance in the third reading of the project of new edition of the law “ About executive manufacture “. The project has been accepted in the second reading on June, 29th, but yesterday the State Duma Council has decided to postpone consideration of a question till July, 6th. This document at law level allows - to turn for the first time to court enforcement officers to executors collecting on debts of counterparts of the debtor (debt receivable). For example, if the debtor leases a premise the right to collect from the tenant will pass payments to vzyskatelju on executive manufacture. In this case the tenant will receive the decision of the court enforcement officer obliging it to transfer money into the account of service. In case of non-payment the debt receivable will be arrested, estimated and sold from the auctions. Arrest any more will not allow the debtor on executive manufacture and its counterpart about something among themselves to agree - for example, about offset of mutual requirements, a delay of payment or reduction of price.
“ the problem of court enforcement officers - as soon as possible to satisfy the requirement vzyskatelja. In 2006, for example, in Russia it was not possible to collect nearby 564 mlrd roubles “ - the head of department of the organisation of work on realisation of property of debtors of Federal Agency of court enforcement officers Alexander Beletsky has explained. Deputy head of committee administration of the State Duma under the constitutional legislation and state building Valentine Polianchik working over the project, considers that the requirement rights to debtors at the debtor are also the reference on them collectings could satisfy most full requirements vzyskatelja more often. “ Police officers were engaged in it and earlier, but for lack of necessary norms of the law of uniform practice could not develop “ - mister Polianchik speaks.
Till now police officers turned collecting on a debt receivable on the basis of the governmental order #516 from May, 27th, 1998 and the time instruction confirmed by Ministry of Justice. In 1999 the Supreme court of the Russian Federation has refused to nullify the order of Ministry of Justice. But the Supreme Arbitration Court presidium in 2004 has explained that the police officer has not the right to oblige the debtor to transfer money for the service account, and can expose only debts on the auctions.
Now, according to service of court enforcement officers, the auctions are spent, but turns on them are insignificant. “ now there is no legislative basis for creation of the market of debts though world experience shows high efficiency of the reference of collecting on a debt receivable “ - Alexander Beletsky considers. Abroad, as he said, the market of promissory notes is estimated in billions dollars.
the reason of adjournment of acceptance of the project the State Duma of a steel of objection of Ministry of economic development and trade concerning tendering and a property estimation. By data, in the near future this question should be discussed at meeting at the head of presidential administration Sergey Sobjanina. Participants of the market consider this question basic. “ much will depend on an order of an estimation of property and the organisation of the auctions which opacity can create soil for corruption “ - believes the deputy director of judicial department of Open Society “ the multinational corporation - VR Management “ Edward Godzdanker.
Adoption of law, according to experts, will essentially mention the rights of participants of the market which at any moment can appear debtors of the debtor on executive manufacture. “ debt receivable arrest means essential intrusion into property sphere of the counterpart of the debtor, thus that this counterpart does not participate in executive manufacture at all. Interests vzyskatelja at all do not justify such restrictions which can mention the big circle of participants of the market “ - lawyer Konstantin Sklovsky is assured. Alexander Beletsky underlines that default by the debtor of the requirement of the court enforcement officer - the executor about granting of documents can lead to the administrative penalty and even to excitation against it criminal case.
the head of executive committee of enterprise association “ Business Russia “ Nikolay Ostarkov recognises that in debt receivable arrest there is an economic sense, but is afraid that “ these procedures can be used as the mechanism rejderskih attacks when through one company will try to strike blow to its counterpart “.