Enforcement proceedings are the final stage of civil proceedings, involving the execution of decisions of judicial bodies or other state decisions. Representatives of the Federal Bailiff Service are engaged for this purpose. Any decision made by a court must be complied with voluntarily; failing that, a compulsory procedure is applied. A strictly limited period of time is allotted for enforcement.
Stages of the proceedings
Proceedings are initiated by the bailiff, who issues a ruling in respect of the persons concerned. The procedure comprises 3 stages:
- Initiation of the proceedings and preparation for them. First, the possibility of voluntary compliance with the decision is examined. If this does not happen, the debtor is traced and property belonging to the debtor is identified for subsequent seizure and levy of execution.
- Compulsory enforcement – the bailiffs recover property or money and, in accordance with the adopted act, compel repayment of the debt.
- Completion – a decision to terminate the enforcement actions. The documents in the case are sent to the creditor (recovering party).
If the court has ruled in favour of the injured party, the defendant does not necessarily comply with the decision. For this purpose, the court bailiffs are brought in. Within 3 days of the decision, the document is transferred to the Federal Bailiff Service (FSSP), and a specific enforcement officer is assigned, who must initiate proceedings within 3 days; the proceedings last 2 months. During this time, the bailiff must enforce the requirements. However, the 2 months may be shortened or extended if specific time limits are stated in the document, if one of the service's officers has transferred the case to another (in which case the time limit is 15 days), if an employee is reinstated after unlawful dismissal (on the first day), or if the debtor needs to be traced (on the day the document is received).
Initiation of proceedings
As soon as the court's decision enters into force, the bailiff receives the document required for enforcement. The bailiff must establish the grounds for initiating proceedings. Until they are initiated, no compulsory measures are applied. If the recipient of the property fears that nothing will be received from the debtor, they may submit an application requesting the seizure of the item. The item then cannot be sold or transferred into another person's name.
Grounds for refusing to initiate proceedings are:
- absence of a written application;
- absence of a signature on the application;
- the document was sent to the wrong authority;
- the proceedings have already been conducted and terminated;
- the time limit for presenting the document has expired;
- defects in the execution of the document;
- the decision has not entered into legal force;
- the bailiff is unable to enforce the document because he or she has no such duty.
On the day following the refusal, the bailiff sends all the necessary documents to the interested parties. Once the errors have been corrected, the writ can be submitted again. After proceedings have been initiated, the bailiff may recover property, money and securities, seize them, and carry out compulsory eviction. If difficulties arise in locating the debtor, the actions are carried out at the citizen's last known place of residence, or at the legal address or the location of the main property of a legal entity. In order to receive the property, the creditor must sign all the necessary documents.
Grounds for terminating the proceedings include the death of one of the parties, a party being declared missing, loss of the possibility of obtaining the property, the creditor's waiver of the property, a court decision, the cancellation of the act, a settlement agreement, and the termination of maintenance (alimony) obligations.