Parties in the enforcement proceedings (2016)

TABLE OF CONTENTS


Introduction 3
1. Subjects of enforcement proceedings and the basis for their classification 6
1.1 the Concept and basis for the classification of subjects of enforcement proceedings 6
1.2. Subjects of enforcement proceedings as participants of the executive procedural relationship 9
2 Powers of the recoverer and the debtor as parties to the enforcement proceedings 16
2.1 Claim in enforcement proceedings 16
2.2 Debtor as a party to the enforcement proceedings 27
Conclusion 36
References 38

LIST OF USED SOURCES

I. Normative legal acts and other official documents

1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. 2009. No. (7) 4831. 21 Jan.
2. Convention for the Protection of Human Rights and Fundamental Freedoms ETS No. 005 (Rome, 4 November 1950) (as amended and as of September 21, 1970, December 20, 1971, January 1, 1990, November 6 1990, May 11, 1994) // collected legislation of the Russian Federation. 2001. No. 2, Art. 163.
3. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-FZ (as amended on November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. 1994. No. 32, Art. 3301.
4. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 30, 2015 No. 441-ФЗ) // Collected Legislation of the Russian Federation. 1996. No. 25, Art. 2954.
5. The Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ (as amended on December 29, 2015 No. 406-FZ) // Collected Legislation of the Russian Federation. 1998. № 31, p. 3823.
6. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on November 28, 2015 No. 340-FZ) // Collected Legislation of the Russian Federation. 2002. № 1 (Part 1), Art. one.
7. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 30, 2015 No. 434-FZ) // Collected Legislation of the Russian Federation. 2002. № 1 (Part 1), Art. 3
8. Arbitration Procedure Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on December 30, 2015 No. 425-FZ) // Collected Legislation of the Russian Federation. 2002. № 30, p. 3012.
9. Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-ФЗ (as amended on December 30, 2015 No. 425-ФЗ) // Collected Legislation of the Russian Federation. 2002. No. 46, Art. 4532.
10. Federal Law of the Russian Federation of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended on December 29, 2015 No. 409-ФЗ) // Collected Legislation of the Russian Federation. 2002. No. 43, Art. 4190.
11. Federal Law of the Russian Federation of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control” (as amended on June 29, 2015 No. 210-ФЗ) // Collected Legislation of the Russian Federation. 2003. No. 50, Art. 4859.
12. Federal Law of the Russian Federation of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (as amended on November 28, 2015 No. 340-FZ) // Collected Legislation of the Russian Federation. 2007. № 41, p. 4849.

Ii. Practice materials

1. Resolution of the Constitutional Court of the Russian Federation of July 30, 2001 No. 13-P “On the case of verifying the constitutionality of the provisions of subparagraph 7 of paragraph 1 of article 7, paragraph 1 of article 77 and paragraph 1 of article 81 of the Federal Law“ On Enforcement Proceedings ”in connection with requests The Arbitration Court of the Voronezh Region, the Arbitration Court of the Saratov Region and the complaint of the Open Joint-Stock Company Razrez “Izykhsky” ”// Collection of the legislation of the Russian Federation. 2001. No. 32, Art. 3412.
2. Resolution of the Federal Antimonopoly Service of the Ural district of July 22, 2004 No. Ф09-2249 / 04-ГК [Electronic resource]: ATP “Garant” (circulation date: 01.01.2016).
3. The decision of the Azov City Court of