The concept of the debtor´s property (2016)

TABLE OF CONTENTS

Introduction 3
1. Enforcement of property under the Federal Law "On Enforcement Proceedings". five
2. The specifics of the procedure for recovery of property of debtors 9
3. Features of foreclosure when introducing in relation to the debtor - a citizen, including an individual entrepreneur, the procedures applied in the case of his insolvency (bankruptcy) 23
Conclusion 31
References used 35

LIST OF USED SOURCES

I. Regulatory 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. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-ФЗ (as amended by November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. 1994. № 32. Art. 3301.
3. Civil Code of the Russian Federation (Part Two) of January 26, 1996 No. 14-ФЗ (as amended by November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. 1996. № 5. Art. 410.
4. Federal Law of the Russian Federation of July 21, 1997 No. 118-FZ “On Bailiffs” (as amended on December 30, 2015 No. 425-ФЗ) // Collected Legislation of the Russian Federation. 1997. № 30. Art. 3590.
5. Federal Law of the Russian Federation of July 21, 1997 No. 122-ФЗ “On the state registration of rights to real estate and transactions with it” (as amended on July 13, 2015 No. 259-ФЗ) // Collection of the legislation of the Russian Federation. 1997. № 30. Art. 3594.
6. Federal Law of the Russian Federation of July 16, 1998 No. 102-FZ “On Mortgage (Real Estate Pledge)” (as amended on October 5, 2015 No. 286-ФЗ) // Collected Legislation of the Russian Federation. 1998. № 29. Art. 3400.
7. 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. № 43. Art. 4190.
8. Federal Law of the Russian Federation of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (as amended on March 30, 2016 No. 80-FZ) // Collection of the legislation of the Russian Federation. 2007. № 41. Art. 4849.
9. Civil Procedure Code of the RSFSR of June 11, 1964 (as amended on December 31, 2002) (expired) // Vedomosti of the Supreme Soviet of the RSFSR. 1964. № 24. Art. 40
10. Arbitration Procedure Code of the Russian Federation of 5 May 1995, No. 70-F3 (as amended on July 24, 2002) (expired) // Meeting of the Legislation of the Russian Federation. 1995. No. 19. Art. 1709.

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 Plenum of the Supreme Court of the Russian Federation of November 17, 2015 No. 50 “On the application by courts of law when considering certain issues arising during enforcement proceedings” // Bulletin of the Supreme Court of the Russian Federation. 2016. № 1.
3. Determination of the Arbitration Court of the Novosibirsk Region of March 16, 2016 in case No. A45-20607 / 2015 [Electronic resource]: URL: http: //xn--c1abcmcndgt0g.xn--p1ai/articles/bankrotstvo_bez_kreditorov#gsc.tab= 0 (the date of circulation: 06/05/2016).

III. Special literature

1. N. Baziyeva. Recovery of the debtor’s property from a third party. // Arbitration practice. 2010. No. 3. S. 106 - 109.
2. Banu I. I. Organizational and legal bases of enforcement proceedings in the field of foreclosure of debtors´