The person who applied to the executive authorities for the enforcement of maintenance from the debtor is considered to be the person, mother or father of the child, who is usually left alone throughout the execution proceedings, but sometimes there are situations in which there is a need to replace the applicant for maintenance, and we will now talk about whether a special court decision or other equivalent document is required.
The claimant of maintenance is one of the parties whose purpose is to obtain money from the debtor.
- The mother or father of the child in whose care the child is cared for;
- The child ' s guardians or adoptive parents, as well as the child ' s close relatives;
- The institutions in which the child is supported if he or she has no parents or other close relatives.
One of the reasons for replacing the applicant for maintenance is the death of the beneficiary of maintenance, in which case the heirs who have assumed the right to inherit under the provisions of the Civil Code of the Russian Federation may succeed.
If the claimant of maintenance needs to be replaced by his successor heir, all necessary inheritance documents must be prepared in advance.
Main reasons for the replacement of the recoverer
Transfer of recovery status is not uncommon in Russian law; normally, replacement of the recipient ' s person occurs for the following reasons:
- Death of the perpetrator;
- Reorganization of the maintenance company, including change of name or organization;
- The child ' s transfer to permanent residence to the father ' s maintenance payer, in which case the child ' s maintenance obligation is transferred to the child ' s mother;
- Transfer of parental rights to the recipient of maintenance to another person;
- Other, more rare, circumstances.
Whatever the reason, it is necessary to draw up a document, in accordance with the rules of the Code of Civil Procedure of the Russian Federation, on the replacement of the perpetrator by another person.
How is the replacement of the maintenance payer handled?
If maintenance is ordered by a court, i.e. the payment is withheld by a court decision, the replacement of the claimant must be carried out in the same way by the judicial authorities.
- To collect the necessary documents on the transfer of the right to recovery of maintenance to another person;
- To notify the bailiff of the proposed replacement;
- Notify the judicial authority of the replacement of the recoverer.
A child supportr may be replaced in a district court or a justice of the peace, which has previously awarded child support payments.
Having considered all the documents submitted showing the reasons for the replacement of the claimant, the court shall issue its decision on the replacement of the claimant in the enforcement proceedings on the basis of maintenance payments, after having received the relevant judicial act, the plaintiff must hand them over to his executing officer in the enforcement proceedings for the enforcement of maintenance payments.
What if the court refused to replace the claimant of maintenance?
Unfortunately, if there are insufficient grounds, the court may refuse to replace the applicant, even if it is necessary, the reasons for this may be:
- A judge ' s partiality;
- Poor preparation of evidence;
- Lack of data for a real assessment of the situation.
However, any decision of the substitute court in the execution proceedings may be challenged and an appeal must be lodged with the higher authority; the time limits for filing the complaint and the rules of application are specified in the PCA or PCA of the Russian Federation.
What do the bailiff do when he replaces the alimony collector?
It would save the time of the bailiff's service, and the new payee could immediately understand all the nuances of the case.
- Is there a maintenance debt at this time? (How else can you read this here);
- Meet the materials of the execution process;
- In what amount and in what numbers should payment come?
- Take the contacts of the bailiff and other matters.
When a claimant is replaced, the new person concerned and the bailiff must share with each other all available information about the debtor, thus facilitating the enforcement of maintenance.
By a court decision, the bailiff orders that the person be replaced by another person and sends for signature to a superior superior officer; no new executive list is required.
What if the bailiff refuses to confirm the replacement?
Such cases are rare, but they do happen; a new applicant who transmits a judgement to replace the beneficiary of maintenance may find himself reluctant to familiarize the bailiff with the case file and to transfer all the rights in his name.
If the bailiff refuses to confirm the replacement of the beneficiary of maintenance, the new applicant may appeal against his actions to the superior superior officer or apply to the court.
So, if the applicant has decided to appeal against the failure of the bailiff, he may:
- Address the chief bailiff, directly to the executive officer ' s chief;
- To file a complaint with a civil or arbitral tribunal if the bailiff refuses to execute the court decision to replace the recipient of the maintenance by another person; the complaint shall be submitted to the court which made the decision;
- A complaint against the failure of bailiffs can be lodged with the Public Prosecutor ' s Office.
The Court or the Public Prosecutor ' s Office has the power to order the Federal Service of the Constables (FSP) to replace the bailiff and to challenge his acts or omissions within 10 working days.
Application for replacement of the party in the execution proceedings
A model application for replacement of a party in an execution proceeding by alimony can be downloaded from this reference.
Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.
Model application for replacement of the retention penalty
The death of the sole parent with whom the child was living; the transfer to the parent who paid in good faith the monthly amount of the child ' s maintenance payment; the change of guardian; the model application for the replacement of the claimant for maintenance; the regulations and legislation do not provide that the document referred to is a statement of claim; this is not a claim; but it is being considered at a court hearing in which the two parties are directly involved; however, the structure of the document is similar to that of the claim; the document for the replacement of the claimant for maintenance must include the following information:
VIDEO ON THEME: 16+ Maintenance Deficiencies
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!
Contents:
- 10 Maintenance guardian ' s notice
- How is the replacement of the maintenance payer taking place?
- Help me write a statement about the change in the data of the maintenance payee.
- Model application for replacement of the child supportr.
- Replacement of the applicant for maintenance: model statement of claim
- Application for replacement of the executor in the execution process
- How do you write a statement to the accounting office for alimony?
- Recovery of maintenance for children without parental care
10 Maintenance guardian ' s notice
Application for replacement of the actionr in the execution proceedings: Model Application for replacement of the actionr in the execution proceedings: court verdict for replacement of the debtor in the execution proceedings.
Samples of debts for the application for replacement of the executioner: the claimant is a citizen or organization in favour of or on behalf of whom the application is issued; the section may be modelled on the application for execution.
Replacement of the executor in the execution proceedings with a model application. Executive proceedings on the said document.
Procedure for bringing claims, complaints to the court: models of the application and others: succession to the execution proceedings in the event of the departure of one of the parties to the executive, with a court ruling granting the application for replacement of the applicant in the execution proceedings by a court decision.
Application for replacement of the party in the execution proceedings: Application to the court for replacement of the applicant on the form of the application form; Application for replacement of the applicant shall be submitted to the court of first instance in order to obtain it.
The applicant and the debtor may be replaced, therefore, by an application for replacement of the party of the enforcement proceeding by a successor by an executor, a model application for replacement of the claimant by alimony, and replacement of the applicant by an application form.
An application for a replacement or extension of a seafarer ' s passport; for example, if there is a replacement of the claimant in the execution proceedings, the guardianship authorities have submitted an application to the court for replacement of the applicant, but the court refuses; a model application for replacement of the party in the case by succession, how to write an example.
Application for procedural succession from the plaintiff at the stage; the administration is not responsible for the reliability of the information published in the advertisements.
Application for procedural succession from the plaintiff at the enforcement stage, applications to the court for replacement of the applicant on the execution sheet, execution of the decisions of the bailiff, Application for replacement of the party in the execution proceedings, enforcement of the decision of the bailiff.
A model application for suspension of execution, taking into account the latter, can also be seen on our portal as an application for replacement in the execution proceedings, the model of which can be used as a basis or as a replacement for the party in the execution proceedings.
Application to the court for the replacement of the applicant in the execution proceedings: a model application can be found in the FSPS office or on the official website of the service; a model of the applicant ' s application; other news on the subject; in accordance with the Law on Enforcement Proceedings in the case.
In an application for enforcement proceedings, the applicant may have a model application for replacement of the party in the case. How can an objection to the application be withdrawn?
In this case, in the course of the enforcement proceedings, the issue of the replacement of the applicant by a court order is decided upon; the application for the replacement of the applicant by an execution sheet of an Olga Sergeevna beetle.
In the case of the successor, all acts committed prior to his entry into the execution proceedings are compulsory; the replacement of the person liable in the execution proceedings by the judge; the execution proceedings; the application for the replacement of the applicant by the model; and the preparation of a model application to the court for the replacement of the applicant. The documents were sent by post to the court and also to the court ' s executive record.
Replacement of the actionr in the execution proceedings: application by the actionr to the arbitral tribunal for replacement of the debtor ' s post by its successor, on the basis of the performance sheet; termination of proceedings on the application of the Society with Limited Liability.
On the basis of the documents submitted, the judge shall decide on the replacement of the applicant in the enforcement proceedings of the MODEL with an application for enforcement proceedings, which may be submitted not only by the applicant but also by the applicant.
The Enforcement Act gives the applicant the right to a model application for replacement of the car and payment.
The question of whether the replacement of the applicant in the execution proceedings would affect the calculation of the time limit for the filing of an application for compensation for a violation of the right.
How is the replacement of the maintenance payer taking place?
Children left without parental care have the right to State support for non-payment of maintenance by debtors to their minor children; parents who are deprived of parental rights or restricted in them retain the obligation to maintain minors, namely the obligation to pay alimony.
The deprivation of parental rights does not exempt the parent from the statutory obligation to support his or her children until he or she reaches the age of majority; the guardian and the adoptive parent must ensure the compulsory rights of children deprived of parental care to receive maintenance.
What action should the legal representative take to recover child support, maintenance, upbringing and education?
Hello, this application is being considered in court, so the debtor will be called by the court.
The assignment of the claim is governed by article. Succession in arbitral proceedings is based on succession in civil law and is subject to succession in substantive law.
It should be noted that disputes relating to the assignment of rights to a cession are complex and complex, so it is always worth considering before embarking on such an independent exercise.
Succession is possible at any stage of the arbitration process.
Help me write a statement about the change in the data of the maintenance payee.
The judge to whom the application has been made shall issue a judicial act indicating his/her decision to replace the party to the enforcement proceedings by a successor or to refuse to replace them; the court itself may initiate the succession.
Substantive succession is the actual basis of the party ' s procedural replacement; as a result of the change of party in the proceedings, the new successor person becomes directly a party to the respective legal relations and the predecessor therefore ceases to participate.
Once the party has been replaced by a successor, the successor acquires all the rights and obligations of the party he has replaced.
Accordingly, in the procedural succession, which involves the continuation of the proceedings, the new successor is bound by all acts performed by the predecessor, to the same extent as the latter was bound by the latter.
For example, if there is a replacement in the execution proceedings, the bailiff, after having obtained a determination by the arbitral tribunal, does not change much in the execution proceedings and continues to perform the original performance sheet, as succession does not even justify the creation of a new execution sheet.
Model application for replacement of child supportr
A model has been added to the application for replacement: in this article, you will receive all the necessary information on the application to the SPF bodies, as well as the application and complaint forms.
The trial consists mainly of a judgement in favour of one of the parties, the respondent or the plaintiff.
Upon completion of the application, an executive notice is issued on the basis of which the other party is obliged to repay the debt.
The typical situation in which it is necessary to apply to the court for replacement is as follows:
Application for replacement of the actionr in the execution proceedings: Application for replacement of the actionr in the execution proceedings: court verdict for replacement of the debtor in the execution proceedings; models of debts: Application for replacement of the executioner.
Replacement of the applicant for maintenance: model statement of claim
If you are a user of the web-based version of the Garant, you can open this document right now or request a hot line in the system.
An indicative form of application for replacement of a party in an executive proceeding with an arbitral tribunal has been developed: Application for replacement of a party in an executive proceeding When a citizen or organization is faced with a request to apply for replacement of a party in an executive proceeding? When the ex-party is to be replaced if the execution proceedings have already been initiated.
Take a look at the topic: Legal Aspects [Issue 7]
The applicant may be either a physical person or an enterprise or institution: the mother or father of the child in whose care the child is in; guardians or adoptive parents, as well as close relatives of the child; the institution in whose care the child is provided if he or she has no parents or other close relatives.
One of the reasons for replacing the applicant for maintenance is the death of the beneficiary of maintenance, in which case the heirs who have assumed the right to inherit under the provisions of the Civil Code of the Russian Federation may succeed.
If the claimant of maintenance needs to be replaced by his successor heir, all necessary inheritance documents must be prepared in advance.
Application for replacement of the executor in the execution process
All data will be transmitted via the secure channel Quickly complete the form, and in five minutes you will be contacted by the Party ' s lawyer in the execution proceedings by the applicant and the debtor.
The legislation of the Russian Federation allows for the replacement of persons who are parties to an executive proceeding; the law establishes an exhaustive list of cases in which a claimant may be replaced in an enforcement proceeding by alimony.
These are cases where: One of the parents who was the claimant and with whom the child lived permanently died.
On the replacement of the claimant ' s party in the execution proceedings, the relevant decision on the recovery of maintenance, with an application.
It is clear that the deceased cannot fulfil the maintenance obligations.
In all other cases where a parent is not exempted from the obligation to maintain a child legally, the person in whose care he is placed, the public institution to which the minor is being raised, the guardianship authority, in some cases the child itself, is entitled to act as the recipients of maintenance, and the simple procedure itself is simple: in which cases the replacement of the perpetrator is required. The number of such cases is extremely limited.
How do you write a statement to the accounting office for alimony?
The main replacement of the beneficiary of maintenance by the model of the statement of replacement of the beneficiary of maintenance by the model of the statement should pay particular attention to the content of the document.
Information should be provided: the bank details of the account to which the money would have to be transferred should the claims contained in the statement be met.
A model application to the court for the replacement of the applicant under maintenance, in accordance with Russian law, immediately a person is entitled to receive the funds that should have been transferred to the deceased.
Recovery of maintenance for children without parental care
The argument that the case should be heard by way of a statement of claim is also unfounded, as there is no dispute about the law.
By means of a personal transmission to the Office of the Magistrate ' s Court, by means of registered mail.
Replacement of the claimant ' s party in the execution proceedings is possible both with respect to enterprises and with respect to citizens.
In the latter case, one of the grounds is the death of the perpetrator in the execution proceedings, in which case his heirs who have taken part in his rights under the procedure laid down by civil law may intervene.
Of course, all inheritance documents must be prepared.
The reason for the applicant may be: How to write a declaration of succession in the execution proceedings? This document indicates a request to replace the party, for example, the successor.
The procedure is to be followed in connection with the conclusion of the contract of assignment of the rights of the processor.
It is also worth mentioning the information on the recovery of, for example, the amount of the debt, the amount of interest, the amount of the government service is issued only in procedural proceedings.
All this can be added to the copies, but the court ' s decision must be duly certified; the State ' s duty requirement to replace the applicant for maintenance is not subject to and is being considered as part of the execution of the court ' s decision; either the bailiff or the court may apply for replacement; regardless of where the person has applied, the case will be heard in court.
Replacement of the applicant for maintenance
The child may already be 18 years old if he or she is in debt for maintenance; from the age of majority, he or she has the right to dispose of the money he or she has been paid, since the child is entitled to his or her maintenance; until the child reaches the age of majority, his or her legal representative, for example, the parent in charge of the child ' s maintenance, the guardian; Moscow is examined once; for the successor, all acts performed prior to his or her entry into the execution proceedings are required to the extent that they are binding on the party in the execution proceedings which the successor has replaced.
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!
Contents:
- Replacement of maintenance payer
- Replacement of the claimant in the maintenance enforcement proceedings
- Application for replacement of the applicant for maintenance
- The Supreme Court explained how to collect maintenance debts.
- Replacement of the applicant for maintenance: model statement of claim
- Replacement of the applicant for maintenance
- Replacement of the recoverer in the execution proceedings
Today For all the time
Replacement of maintenance payer
The executive proceedings in this case have been initiated on several occasions, but Volowikov ' s maintenance debt has not been repaid.
In the year when the children had reached the age of majority, Esina had again applied for enforcement proceedings, but had been denied.
The bailiff explained that the executive document could not be enforced because the civil plaintiffs recognized the children who had reached the age of majority rather than Yesina P. They were the ones who were advised by the bailiff to apply to the court for the replacement of the executive document.
She indicated that she had actually spent more than 20 years alone maintaining the children with the debtor.
As there was no appeal, Yesina filed an administrative complaint with the Khabarovsk Central District Court and then the Habarovsky Provincial Court, but there she also failed.
The courts had assumed that the child who was entitled to alimony was in fact entitled to ownership of the alimony.
Parents are only managers of money and, as a general rule, parents ' right as legal representatives is terminated upon the children ' s reaching the age of 18.
The courts noted that if a minor child ' s right to maintenance had not been fully realized before that age, he or she could exercise it on his or her own.
When the case came to the Supreme Court, he pointed out that the law did not provide for a reason to replace the applicant in the execution proceedings, such as the child ' s attainment of majority, for which maintenance was sought.
Consequently, the bailiff wrongfully denied Yesina the initiation of the enforcement proceedings.
The argument that the payment of maintenance arrears in favour of the parent ends when the child reaches the age of majority is based on an incorrect interpretation of the law.
From this point of view, alimony cannot be regarded as a child ' s property.
The SC rightly pointed out that the parent who supported the child actually incurred the costs of the second parent who failed to perform the obligation.
From this point of view, such a parent is entitled to claim compensation for his costs," noted the head of the Judicial Disputes and Bankruptcy Practice, Althaus Group, by Andrei Bejan. This is still a familiar picture, but this is how the ruling stood in court.
The Supreme Court rightly notes that the recovery of debts is compensatory, since it arose when the children were under the age of majority and the mother was obliged to maintain them on her own.
At the enforcement stage, a court decision that has entered into force, rather than determining who is the proper plaintiff, should be enforced, " considers National UK lawyer Mitra. " Dmitry Drobazko.
Alina Mikhaylov.
Replacement of the claimant in the maintenance enforcement proceedings
I ask you to forward a sample of the application for a change of custody for the children and a list of the documents required to be attached to the application. The children were in the orphanage and the orphanage was collecting alimony through the district court. Now, I am the legal guardian of two children and now I need to receive alimony in my name.
Application for replacement of the applicant for maintenance
Maintenance obligations for certain categories of children do not end with the attainment of majority.
There is a group of children with disabilities whose burden may be on parents for life if the amount of the disability pension does not cover the costs of maintenance and treatment, rehabilitation or education.
In such a case, the child may be the perpetrator, but only on condition that he or she is not found by the court to be incompetent when he or she reaches the age of majority with a mental illness.
All acts performed prior to the successor ' s entry into the process are binding on him to the extent that they would be binding on the person who replaced the successor, and a death certificate is attached to the application.
Application to the bailiff for the replacement of the claimant; attach to the application the documents supporting the maintenance agreement, proof of payment of maintenance, and the executive list are issued on the application of the successful claimant.
And if so, how can the guardian do so without telling the biomother of his or her data?
In the area of maintenance, the replacement of the claimant by alimony is relevant in cases where the funds are retained on a child who is in the care of the State or municipality and has a guardian or guardian; this is an issue that cannot be left to the courts.
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The obligation to pay alimony cannot be withdrawn and transferred to another person except in circumstances such as death or rebuttal of paternity.
The obligation to receive alimony, however, can be transferred to another person.
The Supreme Court explained how to collect maintenance debts.
Code of Arbitration Procedure, Code of Penal Enforcement, Code of Criminal Procedure, client entry.
The executive proceedings in this case have been initiated on several occasions, but Volowikov ' s maintenance debt has not been repaid.
In the year when the children had reached the age of majority, Esina had again applied for enforcement proceedings, but had been denied.
The bailiff explained that the executive document was not enforceable because the civil plaintiffs recognized children who had reached the age of majority rather than Yesina P.
Although the law requires the seller to provide information on the product in an accessible form and to sell at the price indicated on the price tag.
When you buy clothes or shoes with the last money, you get money problems, and the weak part is the fear of loneliness, and in order to get a disability after a stroke, a potential pensioner needs to collect documents for the commission.
What to do if you have been refused criminal proceedings, as we said earlier, the application indicates one priority and two additional kindergartens.
The Pension Fund should authorize the use of maternal capital as a mortgage.
For the year 2023, these rules have not changed much, although the matter is still open. As a last resort, you will lose your life by electrocution. The law confirms the consumer's right to return the commission to the seller.
Nor have the benefits available to the North — additional leave, early retirement and others — been reviewed, and a standard set of documents is available for free travel for low-income families in 2023 to different organizations.
Application to the bailiff for replacement of the applicant for maintenance, attach documents to the application to support the statement.
It's pointless to install only one room, and the traveling nature of the work includes the following professions: freight forwarder, e.g. a disciplinary penalty order for truancy, a new law on the sale of tobacco products in 2018.
A patent for the right of a foreign national to work on Russian territory is issued in the form of a document of the prescribed model after the first advance payment has been made.
Even if they weren't there, you'd have to get a certificate stating that the payments weren't paid.
The perfect apartment shouldn't have empty, useless, unsolved spaces.
Now the situation is getting worse, the benefits only work if the child has a disability.
For example, if there is a relationship between people or harm is caused by political, racial or religious hatred, so as to ensure a 24-hour working regime (without reworking, your stepfather has no right to it.
High maintenance debt - How to ease the payment burden - 080 Blonde is entitled
Maintenances of replacement of the recoverer
There is a group of disabled children whose burden may be on their parents for life, if the amount of the disability pension does not cover the cost of maintenance and treatment, rehabilitation or education, in which case the offender may be the child himself, but only if he or she is not found by the court to be incompetent upon reaching the age of mental illness; if he or she becomes fully capable but unable to provide for himself or herself on the basis of disability, he or she is entitled to apply for replacement of the maintenance party; the party is not a child ' s institution but a minor himself.
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!
Contents:
- Replacement of the claimant in the maintenance enforcement proceedings
- Replacement of the party at the stage of execution of the act: What should be taken into account?
- Is it possible to replace the maintenance payer?
- Replacement of the maintenance debtor when the child reaches the age of 18.
- Replacement of the recoverer
- Changes in the execution process
Previously, I had my face account in the bank, but now I don't have any accounts and I'm not gonna open them, there's an open face account in the bank just in the name of the child who's supposed to be given alimony.
Replacement of the claimant in the maintenance enforcement proceedings
The applicant may be either a physical person or an enterprise or institution: the mother or father of the child in whose care the child is in; guardians or adoptive parents, as well as close relatives of the child; the institution in whose care the child is provided if he or she has no parents or other close relatives.
One of the reasons for replacing the applicant for maintenance is the death of the beneficiary of maintenance, in which case the heirs who have assumed the right to inherit under the provisions of the Civil Code of the Russian Federation may succeed.
If the claimant of maintenance needs to be replaced by his successor heir, all necessary inheritance documents must be prepared in advance.
As a general rule, the recipient ' s replacement occurs for the following reasons: death of the claimant; reorganization of the maintenance company, including change of name or organization; transfer of the child to a permanent place of residence of the maintenance payer, the father, in which case the maintenance obligation is transferred to the child ' s mother; transfer of the parental rights of the recipient of maintenance to another person; other, more rare, circumstances.
Whatever the reason, it is necessary to draw up a document, in accordance with the rules of the Code of Civil Procedure of the Russian Federation, on the replacement of the perpetrator by another person.
Where maintenance payments are ordered by a court, i.e. payments are withheld on the basis of a court decision, the replacement must be done in the same way in the courts.
To do so, it is necessary: to collect the necessary documents on the transfer of the right to recovery of maintenance to another person; to notify the bailiff of the replacement in preparation; and to notify the judicial authority of the replacement of the perpetrator.
Having considered all the documents submitted showing the reasons for the replacement of the claimant, the court shall issue its decision on the replacement of the claimant in the enforcement proceedings on the basis of maintenance payments, after having received the relevant judicial act, the plaintiff must hand them over to his executing officer in the enforcement proceedings for the enforcement of maintenance payments.
Unfortunately, if there are insufficient grounds, the court may refuse to replace the applicant even when it is necessary; the reasons for this may be: the judge ' s lack of objectivity; poor preparation of evidence; insufficient data for a real assessment of the situation.
However, any decision of the substitute court in the execution proceedings may be challenged and an appeal must be lodged with the higher authority.
What do you do with the bailiff's replacement? Hand over the substitute court order to the new beneficiary of the maintenance, preferably, and that saves the bailiff's time, and the new applicant can understand all the nuances of the case at once.
Specifically, he will learn the following data: Do maintenance debts exist for the time being? How else can you find out, read here; know the materials of the execution; in what amount and in what numbers should the payment be made? Take the contacts of the bailiff and others.
In the case of replacement, the new person concerned and the bailiff must share with each other all available information about the debtor.
They thus facilitate the enforcement of maintenance.
By a court decision, the bailiff orders that the perpetrator be replaced by another person and sends for signature to a superior superior bailiff.
There is no need to issue a new executive list. What if the bailiff refuses to confirm the replacement? Such cases are rare but do happen.
- A new applicant who transmits the decision to replace the beneficiary of maintenance may find himself reluctant by the bailiff to familiarize him with the case file and to transfer all the rights in his name.
- If the bailiff refuses to confirm the replacement of the beneficiary of maintenance, the new applicant may appeal against his actions to the superior superior officer or apply to the court.
- Thus, if the applicant has decided to appeal against the failure of the bailiff, he may: approach the chief bailiff, the immediate superior of the implementing officer; file a complaint with the civil or arbitral tribunal if the bailiff refuses to execute the judgement to replace the beneficiary by another person.
The complaint is brought before the court that has issued the decision; the prosecutor ' s office may be called upon to lodge a complaint against the failure of bailiffs; the court or the prosecutor ' s office may order the Federal Service of the SPF ' s bailiffs to replace the bailiff, as well as to challenge his actions or omissions within 10 working days.
We draw your attention to the fact that Russia ' s legislation is constantly changing and that the information we have written may become obsolete.
In order to resolve your family law issue, you can contact the website ' s free legal advice service.
Replacement of the party at the stage of execution of the act: What should be taken into account?
On the other hand, the general principle has become calendar, so if the debt was below the baseline, then the implementing documents were met in the second place, and the requirements up to the baseline will now be met in general order.
Is it possible to replace the maintenance payer?
General provisions II. Types of implementing documents for the recovery of maintenance and the time limits for their presentation for execution.
The procedure for the payment of maintenance in accordance with the Family Code of the Russian Federation applies to persons entitled to maintenance: Family law provides for two arrangements for the payment of maintenance: on the basis of the general rules established by article 2, paragraph 1, of the Family Code.
In view of the material or family situation of the parties, as well as other relevant circumstances, the court may, on the application of the party to the enforcement proceedings, reduce or increase these shares and, on the application of the claimant, determine the amount of maintenance in a firm monetary amount or both in shares and in a firm monetary amount.
Look at this: Maintenance — What Do Maintenances in Russia Think?
Replacement of the maintenance debtor when the child reaches the age of 18.
N.C.C. The Court quashed earlier court decisions denying an action to declare an executive bailiff ' s decision to refuse to initiate an executive proceeding illegal and referred the case to a new court, as the law did not provide for the replacement of the applicant in the execution proceedings for the attainment of majority by a child whose maintenance was subject to the review of the UK Decision on Administrative Cases of the Supreme Court of the Russian Federation of 2 March.
A model application to the court for the replacement of the applicant for maintenance can be replaced by a maintenance payer, which is the only civilized way to force the other party to accept the obligations it has undertaken.
Replacement of maintenance debt at the child ' s 18th birthday
3. If the assignment was provided for and legal, your appearance is not compulsory. I have a replacement of the guarantor from the bank for the successor of the collector ' s law office, which was established by a city court ' s decision of the year on the recovery of arrears. I have not received any notification.
The typical situation in which it is necessary to apply to the court for a replacement is that the child is placed in a special public institution, which receives and accumulates the funds provided by the maintenance worker, but the child is adopted by a family.
The legal advice of the Replacement of the Maintenance Seeker, Debt on maintenance, can reach up to — rubles on average; with huge amounts of maintenance debt, the child may be 18 years old.
Since the child ' s majority, the child on whom alimony has been sought has the right to dispose of the money recovered, since the child ' s alimony is being recovered for its maintenance.
Until the child reaches the age of majority, the plaintiff in the maintenance case is his/her legal representative, such as the parent on whom the child is supported, the guardian; the applicant ' s replacement is followed by one reply; and Moscow is reviewed once.
How to draw up a claim for enforcement for the successor is binding on the party to the enforcement proceedings that the successor replaced.
Changes in the execution process
All the data will be transmitted through the protected channel Quickly complete the form, and in five minutes you will be contacted by a lawyer from the Parties in the execution proceedings, who will be the applicant and the debtor; the Russian legislation allows for the replacement of persons who are parties to the execution proceedings.
The Act establishes an exhaustive list of cases in which the applicant may be replaced in the maintenance execution proceedings: one of the parents who was the claimant and with whom the child lived permanently died.
In this case, the replacement takes place for a new guardian; the liquidation or reorganization of the child ' s institution in which the minor was living; the change of guardian or guardian, such as grandmothers, aunts and other relatives; the adoption of another family; the deprivation of parental maintenance rights for failing to perform his or her duties; the issuance of custody of the minor and his or her transfer to a foster home without the adoption procedure.
Replacement of the applicant for maintenance, no matter where the successor turned, as such cases are dealt with in a short period of time.
The obligation to pay alimony cannot be withdrawn and transferred to another person, except in circumstances such as death or rebuttal of paternity, but the obligation to receive alimony can be transferred to another person.
The Supreme Court explained how to collect maintenance debts: Could a mother who had spent more than 20 years with her own resources expect to be compensated? Both the bailiffs and the courts of the two instances insisted that the children must now exercise their right to receive the money themselves, but the Supreme Court considered that to be a mistake.
The applicant may be either a physical person or an enterprise or institution: the mother or father of the child in whose care the child is in; guardians or adoptive parents, as well as close relatives of the child; the institution in whose care the child is provided if he or she has no parents or other close relatives.
In order to replace the applicant for maintenance by a court order or execution sheet, it is necessary to apply to the court and, in the case of the maintenance agreement, to the bailiff.
The reason for the replacement of the claimant in the maintenance enforcement proceedings is usually the person who makes the claim to the debtor.
The question of the replacement of the claimant at the enforcement stage arises, for example, in connection with his death, when a new guardian of the incompetent recipient of maintenance is appointed.
The main purpose of any judicial proceedings is to resolve the dispute by means of a lawful and enforceable judicial act.
But its adoption is, in most cases, only the first step towards achieving the expected result; however, the main objective of the person in favour of the instrument is to implement it.
A number of difficulties may arise at this stage, including the need to replace the party:
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The Court ' s decision of 2 March 2018 on administrative cases of the Supreme Court of the Russian Federation N 58-KG17-19 quashed the earlier court decisions denying an action to declare unlawful the decision of the bailiff to refuse to initiate an executive proceeding and referred the case to a new court, since the law does not provide as a basis for the replacement of the applicant in the execution proceedings the child ' s attainment of majority, the maintenance of which is subject to maintenance.
The Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, composed of:
Chairman of Hamenkov V.B.,
Judges Gorchakova E.V. and Korchashkina T.E.
In a public hearing, the administrative case concerning the cassation appeal against the decision of the Central District Court of Eskina Natella Igorevna was examined.
Habarovska, dated 26 December 2016, and the appeal decision of the Judicial Division for Administrative Cases of the Khabarovsky Regional Court, dated 29 March 2017, which denied her the administrative action for the illegal recognition of the decision of the bailiff of the bailiff division of the Russian Industry District of the Khabarov District of Russia, dated 3 October 2016, denying the initiation of the executive proceedings, and the decision of the Russian OFSAP on the Habarov District, dated 21 November 2016, denying the complaint.
Having heard the report of Judge Khamenkov V. B. Khamenkov of the Supreme Court of the Russian Federation, the explanation of the representative of Eskina N.I., counsel for Sliltsova N.M.
which upheld the arguments of the cassation appeal, the objections to the satisfaction of the appeal by the representative of the Russian Federation ' s SVF, the Russian Federal Office for the Habarov Region and the Jewish Autonomous Region of Chudnikova Y.V.
the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation has established:
Eskina N.I. filed an administrative action with the court to declare illegal the decision of the bailiff of the bailiff division of the Industrial District of the Republic of Korea.
On 3 October 2016, the Habarovsk of Russia ' s OFSP on the Habarov part of the Habarov province, which refused to initiate enforcement proceedings, and the decision of Russia ' s OFSP on the Habarov part of the country on 21 November 2016, which refused to grant a complaint.
In support of the claims, the administrative plaintiff indicated that, on 27 September 2016, she reiterated her application to initiate enforcement proceedings on the basis of the executive sheet of 16 November 2007 (execution sheet of 27 September 1991) for the recovery of maintenance debt from Eskin A.M. for maintenance of children in the Habarovsk SWAp of the Habarovsk of Russia on the Habarov District, as explained by this body in the executive decision of 17 February 2016 on the same duplicate of the executive list.
An executive bailiff's order of 3 October 2016 refused to initiate enforcement proceedings under article 31, paragraph 11, of the Federal Act of 2 October 2007 No. 229-FZ "On execution proceedings" (hereinafter Law N 229-FZ), since the applicants for maintenance are children who have reached the age of majority and not Eskin N.I. It is recommended that children apply to the court for the replacement of the maintenance document.
In disagreement with the ruling, Eskin N. I. filed a complaint with the Russian OFSP on the Habarovsky province. By a decision of 21 November 2016, the Acting Deputy Chief Justice of the Habarovsky Province rejected the complaint by Eskina N. I.
By a decision of the Khabarovsk Central District Court of 26 December 2016, upheld the appeal decision of 29 March 2017 by the Administrative Division of the Habarovsky Regional Court, Eskina N.I. denied the administrative claim.
By a decision of 6 June 2017 of the Judge of the Khabarovsky Regional Court (subject to the ruling of 13 June 2017 on the correction of the list), it is not possible to refer the appeal to the Court of Cassation by Eskina N.I. for review.
The cassation appeal filed by Eskina N. I. with the Supreme Court of the Russian Federation raises the question of referring the complaint to the court for consideration by the Judicial Chamber on Administrative Cases of the Supreme Court of the Russian Federation and quashing the court decisions in the case.
- At the request of a judge of the Supreme Court of the Russian Federation dated 5 October 2017, the case was brought before the Supreme Court of the Russian Federation and, by a decision of 16 January 2018, referred for consideration on the merits to the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation.
- In accordance with article 328 of the Code of Administrative Procedure of the Russian Federation, the grounds for repealing or amending judicial acts in cassation are fundamental violations of the rules of substantive or procedural law, which have affected the outcome of an administrative case and without which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as the protection of public interests protected by law.
- After examining the material and discussing the arguments of the cassation appeal, the panel considers that such violations of procedural law were committed by the courts of first instance and by the appeals courts.
Refusal of Eskina's N.I.
In granting the application, and recognizing the legally contested decision of the bailiff, the courts were of the view that a child who was entitled to maintenance payments was in fact entitled to ownership of the sums, and that the parents or persons in loco parentis were only the money managers whose expenditure was determined by law solely for the maintenance, upbringing and education of the child; if the minor child ' s right to maintenance had not been fully realized before his or her majority, he or she could exercise his or her subjective right in a procedural manner, since under the general rule of the parents ' right as legal representatives was terminated upon the children ' s reaching the age of 18 (age).
This conclusion is incorrect on the following grounds.
According to the courts and according to the case file, the Habarovsk Industrial District Court ' s decision of 27 September 1991 from Eskin A.M. in favour of Eskina N. I. was awarded maintenance for two children (...) years of birth in the amount of 1/3 of all types of earnings per month, beginning on 6 September 1991, but not less than 20 roubles per month, and until the children ' s majority.
On 16 November 2007, the claimant, Mr. Eskina N.I., was issued with a duplicate application form based on the said judicial act.
Before the children reached the age of majority, the execution proceedings were initiated on several occasions on the basis of an executive document and on the application of Eskina N.I.
A.M.'s maintenance debt has not been paid.
By an order of 3 October 2016 of the bailiff, Eskina N.I.
Refusal to initiate enforcement proceedings under article 31, paragraph 11, of Act No. 229-FZ of 16 November 2007, since the executive document is not enforceable under the legislation of the Russian Federation by the Federal Service of Court Guards, since the civil plaintiffs are recognized as children who have reached the age of majority (18 years). The bailiff recommended that the civil plaintiffs apply to the court for the replacement of the executive document in the case concerning the recovery of child support.
- Article 31, paragraph 1, paragraph 11, of Act No. 229-FZ, referred to by the bailiff in the contested decision, stipulates that the bailiff shall, within three days of the receipt of the executive document, order the refusal to initiate an executive proceeding if the executive document is produced in violation of the provisions of article 21, paragraph 9, of this Federal Act.
- Under article 21, paragraph 9, of Act No. 229-FZ, if a federal law or a judicial act, act of another authority or official establishes a time limit for the debtor to comply with the requirements contained in the executive document, or is granted a delay or delay in the execution of the said requirements, the time period for the submission of such an executive document (excluding the executive document for the imposition of a fine imposed as a penalty for the commission of the offence) shall commence after the date on which the time limit for the fulfilment of the debtor ' s requirements contained in the executive document has been completed, the delay or the time-limit for the execution of the said requirements has been granted.
- However, pursuant to article 21, paragraph 4, of Act No. 229-FZ, executive documents containing claims for the recovery of periodic payments may be enforced during the entire period for which payments have been awarded and also within three years of the end of that period.
The provisions of article 22 of Law N 229-FZ prescribe that the time for the submission of an executive document for execution shall be interrupted by the presentation of an executive document for execution (Part 1, paragraph 1). After the interruption of the time for the submission of an executive document, the time for execution shall be renewed.
The time elapsed prior to the interruption shall not be counted in the new period (Part 2).
In the event that an executive document is returned to the applicant for failure to perform it, the time period for the submission of the executive document shall be calculated from the date on which the executive document is returned to the applicant (Part 3).
It appears from the case file that the executive record (duplicate) submitted by Yeskina N.I. was issued on the basis of an enforceable court order for the recovery of maintenance for his children, which has not been executed to date.
The executive list (his duplicate) was returned to Eskina N.I. because it could not be enforced on the basis of a bailiff ' s order of 17 February 2016. Eskin N.I. applied again for enforcement proceedings on 27 September 2016 within the prescribed time limit.
In accordance with article 2 of Act No. 229-FZ, the tasks of executive proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials and, in cases provided for by law of the Russian Federation, the execution of other documents in order to protect violated rights, freedoms and legitimate interests of citizens and organizations and to ensure compliance with obligations under international treaties of the Russian Federation.
In the cassation appeal, Eskin N.I. points out that, in fact, he has spent more than 20 years alone on the maintenance of minor children in common with the debtor, while the maintenance of the children was to be provided, including the money paid by the debtor as alimony.
These arguments merit attention on the basis of the following.
With regard to the provisions of articles 80 to 81 of the Family Code of the Russian Federation, the recipient of maintenance is a parent holding a child; he or she is also a collector in execution proceedings.
A child ' s child ' s debt of maintenance at the time of reaching the age of majority or at the time of the child ' s recognition of his or her legal capacity before reaching the age of majority is subject to recovery in favour of the applicant on the basis of an executive document.
Failure to receive child maintenance funds from the debtor by the claimant(s) results in an additional burden on the claimant, as alimony by law must be paid regularly and in full.
Accordingly, the payment of maintenance arrears is compensatory to the recipient of maintenance, and the right to claim maintenance payments upon the child ' s reaching the age of majority from the parent in whose favour they are recovered is not lost.
The cases of succession in the execution proceedings are reflected in article 52 of Act No. 229-FZ, according to which, in the event of the departure of one of the parties to the execution proceedings (death of a citizen, reorganization of the organization, assignment of the right of claim, transfer of the debt), the bailiff shall replace that party of the enforcement proceedings by its successor (Part 1).
Thus, the law does not provide, as a basis for the replacement of the applicant in the execution proceedings, for the attainment of majority by the child for whom maintenance is sought; consequently, the bailiff wrongfully refused to initiate enforcement proceedings by Eskina N.I. in the pending execution proceedings.
- In such circumstances, judicial acts cannot be considered lawful.
- Given that the courts of first instance and appeals have erred in the interpretation and application of the substantive law, which has affected the outcome of the case, the judicial acts are subject to annulment.
- In reviewing the case, the court must take account of the above and resolve the case in accordance with the circumstances and requirements of the law.
- On the basis of the above, the Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, in accordance with articles 327, 329, 330 of the Code of Administrative Procedure of the Russian Federation, determined:
The decision of the Khabarovsk Central District Court of 26 December 2016 and the appeal decision of the Administrative Division of the Khabarovsky Regional Court of 29 March 2017 to set aside and refer the administrative case to the Court of First Instance for a new review by a different body of judges.
| Presiding Officer | Khamenkov V.B. |
The Judicial Panel on Civil Cases of the Supreme Court of the Russian Federation had found it erroneous to conclude that children who had reached the age of majority rather than a parent were the claimants of maintenance debts.
The child ' s beneficiary is his/her parent, and he/she is the claimant in the execution proceedings.
Maintenance debts incurred at the time of the child ' s majority are subject to recovery in favour of the applicant on the basis of an executive document, and the parent in whose favour they are collected does not lose the right to claim the child ' s debt when the child reaches the age of majority.
The child's attainment of the age of majority, for which maintenance is sought, is not a reason to replace the applicant in the execution proceedings.
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