Application for stay of execution of the eviction order (model) 2023

In order for the court's decision to be implemented after some time, with a delay, the court must apply for a stay of execution of the court's decision.

We propose a model application for a stay of execution based on the latest changes to the current procedural law, which means that the decision will be executed at the time fixed by the court; such an application shall be submitted to the court which made the decision.

Grounds for application for stay of execution of court decision

These circumstances include the defendant ' s property situation; for example, if, after a period of time, the defendant waits for a sum of money sufficient to settle the debts imposed by the court ' s decision, he or she is entitled to file an application for a stay, confirming that he or she will indeed be able to comply fully with the court ' s decision.

If the reasons for granting a stay are clear and logical, there is no obvious situation for other obligations, but the circumstances of the defendant may be very different.

It is essential to inform the court of the need for this measure, to convince that this method of execution will benefit all parties to the proceedings, will be in their interest, and to provide written evidence that the judgement will be executed within the requested time frame.

Article 203 of the Civil Code of the Russian Federation, which regulates contentious relations, also leaves it to the court to grant a stay.

How to draft and file an application for a stay of execution

Perhaps instead of deferring, a stay of execution is required? In order to form a precise position, the advice is to consult the application for a time limit for the execution of the decision.

The application for a stay of execution of a court decision must contain information on the decision to be deferred, the reasons for the application and the evidence supporting the grounds for the stay.

An application for a stay of execution will be heard by the same court or justice of the peace, who has rendered the decision; the application is heard in court and the parties ' appearance in court is not mandatory.

If the executive document is executed by the bailiff, the bailiff must also be identified as the person concerned in the case.

Model application for stay of execution

There are no specific legal requirements for the filing of an application for a stay, but it is recommended that the general rules for the filing of a claim be adhered to.

(name of court) From (FIO in its entirety, address) Interested persons: (FIO in its entirety, address) in civil case No.

Application for stay of execution of court decision

The court issued a judgement in a case to which the court decided (to specify the obligations incumbent upon the defendant by the decision).

I am not in a position to execute the judgement at the present time because it is not possible for the parties to do so (specify the reasons why the execution of the judgement is not possible; the circumstances on which the execution of the judgement would currently be detrimental to the parties).

In fact, it will be possible to execute the court decision after "______________, when ___________________ (to indicate how the circumstances change, why the court decision will be executed after that date).

On the basis of this statement, in accordance with article 203 of the Code of Criminal Procedure,

Please:

1. Reschedule the enforcement of the judgement of the court in the suit (the plaintiff's FIO) to [the respondent's FIO) on [the substance of the decision] to "_______________________.

List of documents annexed to the statement(copies by number of persons involved in the case):

1. Copy of the application for deferral
2. Documents supporting the grounds for the stay of execution of the court ' s decision

• Date of application "___" ______________________________________________________________________________________________________________________
• To download the application model:
•   Application for stay of execution of court decision

Questions on the application for stay of execution

The bank sued me for the repayment of the debt and the full amount of the loan, plus all the court expenses, and I did not reject the payment, and the reason for the non-payment of monthly payments was the dismissal from work.

In such a case, a delay may be requested, but it will be necessary to prove that, at the end of the delay period, it will be possible to pay the arrears; the maximum period of delay that the court will grant will be no more than 1 to 1.5 years, provided that there are valid reasons for doing so.

I've got four kids, I've had mortgage debts, the court has ruled on the sale of the apartment, there's a letter from the bailiffs today, I don't want to lose the apartment, I'm going to pay for it, but now I can't pay the full amount, so tell me what I have to do right now.

Unfortunately, there's nothing you can do now. If the court's decision comes into force, you and your children will be evicted from the apartment. You can ask for a stay of execution of the court's decision on the grounds that you have no place to live. I think, given the winter period and the presence of the children, the court will give you a six-month stay, but then you'll still have to leave.

I'm on maternity leave, I've paid $200,000, I don't have any more money, only loans.

If you have no money and no property to be recovered, why do you delay it? Can you guarantee that you will pay the entire amount of money immediately at a certain date? In this situation, you must agree to the recovery of property and money, and then the money will be withheld from the monthly income, not more than 50%.

Postponement and suspension of enforcement of the court decision: sample applications, grounds, time frame for granting of.................................................................................................................

Last update March 2023

In our article on liability for failure to comply with a court decision, we wrote that judicial decisions that have entered into force are binding on all, and non-compliance with this rule entails liability.

However, there is a legitimate way to implement the decision not immediately, but later, only when exceptional circumstances exist and only with the permission of the court. How to exercise the right to delay or delay the execution of the decision - read below.

Upon the entry into force of the law, the applicant has the right to send to the bailiffs of the defendant ' s place of residence an executive note (or a court order that is equivalent to an executive document), and the court may send to the bailiff ' s office the necessary material if the plaintiff so declares.

Since the receipt of the sheet, the bailiff has, in accordance with the law,2 months to execute the decision.

During this period, it is necessary to initiate execution proceedings, to invite the defendant to pay the debts voluntarily within five days (in which case the amount will not be added to 7 per cent of the execution fee), to establish the sources of income, the availability or absence of money in bank accounts, etc.

In non-material disputes, the procedure is similar – once the decision has entered into force (within one month or later if the appeal has been filed), the bailiff phase begins if voluntary action on the part of the defendant has not been carried out.

In some cases, the judicial act is implemented immediately.i.e. from the day after the day of the decision:

• In cases involving the recovery of maintenance;
• Re-employment;
• On payment of wages which the claimant has not received for more than three months;
• On the inclusion of voters in the electoral roll;
• In other cases where it has been proved by the claimant that significant harm, danger or later execution of the decision may be caused to him or her if he or she is delayed.
  For example, when a claim for the recovery of funds for the treatment of a child is granted, it is sufficient for the Ministry of Health to submit medical documents in time to justify the urgent nature of the dispute; the court may also determine the immediate execution in housing cases where, for example, the claimant has no place to live and cannot wait for several months to provide housing; if the substance of the claim does not fall within the scope of the list set out in article 211 of the Code of Criminal Procedure of the Russian Federation, the reference in the decision on immediate execution is only the right of the court, but not its duty.

In some cases, the court, on its own initiative, sets a time limit within which the requirements set out in the court act (three months, six months, etc.) must be met.

For example, according to the claim of demolition of an autonomous building, if it is clear that there may be obstacles in finding the right equipment, etc.

Once the dispute has been settled in favour of the plaintiff, the defendant has a legitimate opportunity to obtain additional time during which the decision may not be enforced; this is the possibility of deferring or suspending the execution of the judgement.

Postponement and extension: general provisions

Postponementis the postponement of the date on which the full execution of the judgement is to be carried out on a one-time basis.

TimeoutThis implies a breakdown of partial payments, with a definition of the general period during which the debt must be fully paid, so that both methods are, in effect, a legal extension of the enforcement period of the court ' s decision.

The person concerned (most often the respondent who lost the proceedings) should apply to the same court considering the dispute.

In addition to the parties to the dispute, in accordance with article 434 of the Code of Criminal Procedure of the Russian Federation, such a request may be made by a bailiff who sees circumstances that objectively impede the execution of the decision; this article of the Civil Code allows the bailiff to appeal not only to the court which has handed down the decision but also to the court at the place where the execution proceedings are initiated.

The Supreme Court of the Russian Federation, in its decision of the Plenary of 17.11.

2015 drew the attention of the courts to the fact that a change in the execution of a decision should be based on the specific circumstances of each case so that, by giving an assignment to the debtor, the right of the claimant to take proceedings within a reasonable period of time should not be violated; in other words, judges are obliged to take measures to prevent undue delays in the enforcement of a court decision.

On this basis, the reasons why the court allows the defendant to stay out of court for some time must be valid and proven.

For example, article 203 of the Code of Criminal Procedure draws attention to the applicant ' s property situation, which cannot immediately execute a judicial act.a difficult financial situation may lead to deferment or postponement.

However, the court is obliged to ascertain the circumstances under which the financial insolvency occurred – if, due to objective circumstances, the defendant may be allowed to pay the debt later.

If the debtor has placed himself in a difficult position (e.g., recklessly gaining credit without assessing its ability), the court will not show condescendingness.

The life circumstances of the party making the statement deserve special attention.The illness of the loved ones, the loss of work, the objective sequence of circumstances that led to "hard times"etc.

The application shall be submitted without payment to the Minister of State and shall be heard by the court in the same manner as the claim; on the outcome of the examination (the presence of the applicant and the other party not necessarily) the court shall issue a decision to which a private complaint may be lodged.

With regard to arbitration practice, article 324 of the APC of the Russian Federation allows courts to apply provisions on deferment or deferment, taking into account valid reasons for timely non-compliance, similar to civil law.

ExampleAfter the divorce, P.A. Paulovinkin lived for two years in the former husband ' s apartment, which he had acquired prior to the marriage, and the former husband did not object because she lived in another region.

It was necessary to settle with the new wife in the disputed home and he filed a suit for eviction of his ex-wife.

She assumed that she, as a former member of the owner ' s family, had lost her right of residence after the dissolution of the marriage, slowly sought rental housing, and considered options for buying a small apartment into a mortgage.

After the decision came into force, she filed an application for a stay, providing the court with a contract of equity participation in the construction and a certificate of readiness for the housing complex, in which she purchased a new apartment, stating that the house would be put into operation in three months ' time.

For this period, P.A. received a stay of execution. The court took into account the responsible person ' s good faith (for the time she lived in the former husband ' s apartment, she paid full for the utilities for herself and for him), the plaintiff ' s opinion (not opposed), as well as the factual circumstances documented.

The example shows that it is important not only to provide the court with data on the impossibility of immediate execution of the decision, but also information on the possibility of such a possibility in the future, with at least an approximate date or month. The typical reasons for deferment taken into account by the courts may be:

• The lack of income that will become available within a certain period of time;
• The existence of a disease which, at the time of treatment, makes it impossible to carry out a judicial act;
• The occurrence of force majeure independent of the debtor, the consequences of which take time (natural disaster, theft);
• Dependent relatives or children who will soon receive their own income.

The maximum period of time which the court is entitled to grant is not regulated by law.6-12 months.

In very few cases, one and a half or even two years could be granted.

The longer periods are considered by the courts to be a violation of the principle of reasonableness of the length of proceedings and an infringement of the right of the claimant to timely compensation for the loss.

The court often refuses to postpone.

The judge ' s opinion may be influenced by the absence of evidence (e.g., the applicant did not provide documents on his or her difficult financial situation or illness), the categorical and reasoned objection of the claimant, the existence of other circumstances (e.g., the court knows that the defendant had previously been able to perform the obligation but failed to do so and forced the plaintiff to bring the matter before the court).

In order to avoid rejection, it is important to make the correct statement:

To Gorelov District Court
Mr. Novokosuznetski

Tel. 892100000000

Defendant:
Pavlov Evgeny Anatolievich, resident in Novokuznetsk,
Ryabov, 34 square 1

Tel. 89212222222

In the claim of Petrov, I.I. against Pavlov, E.A.
on the recognition of the right of ownership of the home,
Extermination of him from the possession of Pavlov E.A.

• and eviction of the latter
• Application (application) for
  Rescission of enforcement of the court ' s decision

When the court grants deferment in eviction, legal practice

Every year, the court decided that there were about 20,000 people left without a roof over their heads; according to Suddepa, the figure had remained virtually unchanged over the past five years.

Contents of the article

It is possible to lose housing for various reasons (divorce, mortgage debt, change of owner), and in some cases the State provides other housing.

For example, a citizen who has lived under a social employment contract and who has been evicted for non-payment of public utility payments will be given a room in a dormitory (LC, art. 90).

Alternative housing in eviction

The State is obliged to provide other equivalent housing for citizens evicted from the accommodation, which (art. 85 of the LKS):

• has become inoperable and is subject to demolition;
• Expropriated for municipal or public purposes;
• is converted to non-residential status;
• As a result of the remodelling or remodelling, the area will be changed;
• is intended for the transfer of a religious organization.

A person who is considered to be in need and who does not have a social security contract may not be removed from an office space to a "nowhere" if he or she (LK 103):

1. He is a member of the family of a member of the armed forces, an officer of the internal affairs service, the FSB, customs, tax authorities of a deceased person or a person found missing in the course of his official duties;
2. He retired from old age.
3. Category I or II disabled: his state of health is related to occupational diseases, the performance of his or her work duties, and his or her work.
4. He or she has a dependent minor with an HIA or a citizen who has been recognized as such since childhood;
5. Lived with the owner who had been given housing and subsequently died;
6. Orphaned child, minor, without parental care.

Credit debts are one of the most frequent reasons a person can be left without a roof over his head.

If the loan is secured, the debtor may be granted temporary accommodation from a manoeuvring fund (LK art. 95), but in practice this is an exception rather than a pattern.

However, when eviction from a mortgage home concerns a minor, the chances of moving are slightly greater.

It should be taken into account that the residence in the manoeuvring fund will end upon the realization of the mortgage estate and the settlement made by the bank.

Under ordinary credit, a penalty cannot be imposed on the debtor ' s sole home (art. 466 of the SPC), in which case a person may reside in the premises but will not be entitled to sell, gift or inherit it.

Refusal to provide new housing

Often, the person himself is guilty of eviction, for example if:

• Uses premises for other purposes (commercial, industrial);
• By its actions it harms the dwelling and contributes to its destruction;
• Systematically disrupting public order by creating problems for neighbours;
• ignores fire safety rules, sanitation standards.

Such a tenant should not be expected to have a new dwelling, even if it is less comfortable; he or she will not be provided with another dwelling when evicted (art. 91).

On the same grounds, even the owner may be evicted (art. 293 of the Civil Code), in which case the apartment will be confiscated, sold and the money will be returned to the former owner, less the costs.

When a deferral is applied

If a person has nowhere to go, he or she may apply to the court for a stay of eviction.

The law provides for this possibility when:

1. There are circumstances that make it very difficult to enforce a judgement (art. 434 of the Civil Code), for example, an evicted citizen is seriously ill (paralyzed) and has no place to live, and the court is entitled to postpone the execution of the decision until the moment of full recovery.
2. For example, the former tenant lost his job and is currently unable to pay rent; the court may postpone the eviction for a maximum of one year to restore financial opportunities.
3. The owner is subject to evictionary maintenance obligations and has no other home or opportunity to acquire new ones; the court will defer the removal of the child to the age of majority or oblige the owner to provide the former family member with other real estate (LC, art. 31, para. 4).

The application for a stay shall be submitted to the District Court, which has ordered the eviction; until such time as the case has been examined and the decision of the person cannot be made; the Court ' s findings may be appealed to the Court of Cassation and then to the Supreme Court.

Many court cases allow a person to stay in a residential home for a long time, but it must be borne in mind that the person concerned in the eviction may demand compensation for moral damage or the cost of living, and the amount claimed may be impressive.

Formation, application

There is no standardized declaration form.

The application should specify:

• The particulars of the court (name, address), the exiled person, the plaintiff (F.I. O., address), the bailiff if proceedings are opened;
• Number of enforcement proceedings, opening date;
• Information on the judgement, the execution of which should be deferred;
• The reasons for the delay (insufficiency of funds, presence of a child, illness);
• References to articles of the law (e.g. art. 4, art. 37, FL 229; art. 203, GPC);
• The substance of the request;
• A period of time to be deferred;
• List of attached materials;
• The date.

The application should be accompanied by an order to initiate enforcement proceedings, copies of documents (by number of persons involved in the case):

• Confirming the validity of the grounds for deferment,
• the applicant ' s identity.

A well-formed statement, with objective reasons, would increase the chances of achieving the desired result; an experienced lawyer would be needed to be more confident of success.

No payment shall be made to the Minister of State in applying for a stay, and the application shall be considered in a court hearing; the appearance of the parties shall be desirable but not mandatory.

When the court will not apply deferment in eviction

When deciding on a stay, the court must:

• To carefully examine the grounds on which the applicant makes the application;
• Check the validity;
• To balance the interests of the parties.

Experience has shown that the financial situation of the expelled person and the child ' s presence do not always buy time; the court ' s decision depends largely on the practice in the region; however, everyone has the opportunity to appeal to the Supreme Court and try to achieve the desired result.

Often, a citizen who is evicted because of a mortgage requests a stay of the court ' s decision, citing an immediate improvement in the financial situation (reheritance, employment).

If these arguments prove to be incontrovertible, the court will respond to the debtor; if the court has doubts about the non-payer ' s projected capacity to pay, the citizen will be expelled within the time limit set by the court ' s original decision.

Conclusion

Eviction is an extreme and undesirable measure that the State has to resort to in order to protect the complainant's interests.

Before filing a claim for eviction, the plaintiff must comply with the pre-trial procedure and seek a peaceful settlement of the matter; for example, in the case of a mortgage, the claimant is obliged to allow the debtor to delay payments, make payments in instalments, in smaller amounts.

In the event of harm to the place of residence, violation of the rights of neighbours, to file a written claim to remedy the violations within a reasonable period of time, and only after having exhausted all possibilities of resolving the problem in a more humane manner can the plaintiff apply to the court for deprivation of the defendant ' s home.

If the eviction is due to circumstances beyond the citizen ' s control (the emergency state of the house), the State is obliged to allocate another equivalent room for residence.

The law protects children ' s interests; in the case of divorce of parents, the court has the right to delay the removal of a child until the age of majority.

• In exceptional cases (diseases, material hardship) the expelled citizen may be granted a stay of execution of the judgement.
• The Supreme Court is the final authority to which a refusal to grant a stay should be applied.
• Model application for deferment of eviction
• Dear readers!

It matters!Housing-related problems fall under the category of complex cases.Please consult for free.with the experts of our Legal Centre

Moscow: +7 (499) 704-7078

Application for a stay of execution of the court decision, sample 203 of the PCA, practice of the Souvors of the Groups

Under article 46, paragraph 1, of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of his or her rights and freedoms.

Legal grounds for deferment of enforcement of a court decision

The Russian Federation, as a State governed by the rule of law, is obliged to ensure an effective system to guarantee the protection of human and civil rights and freedoms through justice that meets the requirements of justice (Decision No. 9-P of 16 March 1998 of the Constitutional Court of the Russian Federation, No. 1-P of 10 February 2006).

Justice in civil disputes is exercised on the basis of competition and the equality of the parties (art. 12, para. 1, of the Code of Criminal Procedure).

The Court, while maintaining its independence, objectivity and impartiality, directs the proceedings, explains the rights and obligations of the persons involved, warns of the consequences of the conduct or failure to perform the proceedings, assists the persons involved in the exercise of their rights, creates the conditions for a full and complete investigation of the evidence, establishing the factual circumstances and the correct application of the law in the consideration and resolution of civil cases (article 12, paragraph 2, of the Criminal Code of the Russian Federation).

Judicial decisions that have entered into force, as established in article 13, paragraph 2, of the Code of Criminal Procedure, are binding on all, without exception, State authorities, local self-government bodies, voluntary associations, officials, citizens and organizations and are subject to strict implementation throughout the territory of the Russian Federation.

According to art.

434 The Civil Code of the Russian Federation, in circumstances that make it difficult for the execution of a court order or other authorities ' decisions to be carried out, the applicant, the debtor, the bailiff, or the court at the place of execution of a court order, is entitled to bring before the court which has considered the matter the question of deferment or suspension of execution, the modification of the manner and manner of execution, as well as the indexation of the amounts awarded; such applications by the parties and the submission of the bailiff are dealt with in the manner provided for in articles 203 and 208 of the Code.

The Court ' s duty to investigate the circumstances

Under article 203, paragraph 1, of the Code of Criminal Procedure, a court which has considered a case may, on the application of persons involved in a case, order a bailiff or on the basis of the property of the parties or other circumstances, defer or delay the execution of a court decision or modify the manner and manner of its execution.

Let's do it again.article 203 of the Criminal Code of the Russian Federation: delay or postponement of the execution of a court decision, modification of the manner and procedure for the execution of a court decision.

1. The court hearing the case, on the basis of the statements of the persons participating in the case, the bailiff, or on the basis of the property of the parties or other circumstances, has the right to defer or delay the execution of the court decision, and to modify the manner and manner of its execution.
2. The applications referred to in part one of this article shall be heard in court; persons participating in the case shall be informed of the time and place of the hearing, but their failure to appear shall not constitute an obstacle to the examination and resolution of the matter brought before the court.
3. A private complaint may be lodged against the court ' s decision to suspend or suspend the execution of the court ' s decision, to change the manner and manner of its execution.

Similar provisions are contained in article 37, paragraph 1, of the Federal Act of 2 October 2007.

No. 229-FZ "On execution proceedings", which provides that the applicant, the debtor, the bailiff or the bailiff may apply for a stay or a postponement of the execution of a judicial act, an act of another authority or official, as well as for a change in the manner and manner of its execution to the court, other authority or the official who issued the executive document.

How the application is dealt with

An application for a stay or a stay of execution of a court decision shall be considered in a court hearing; persons participating in the case shall be informed of the time and place of the hearing, but their failure to appear shall not constitute an obstacle to the examination and resolution of the matter brought before the court (art. 203, para. 2, of the Code of Criminal Procedure of the Russian Federation).

A private complaint may be lodged against the court ' s decision on the postponement or postponement of the execution of the court ' s decision, on the modification of the manner and manner of its execution (art. 203, para. 3, of the Code of Criminal Procedure of the Russian Federation).

What the court is obliged to specify in the definition

The court ' s determination must include the reasons for the court ' s findings and a reference to the laws that guided the court (art. 225, para. 5, para. 1).

As explained in paragraph 25 of decision No. 50 of 17 November 2015 of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of legislation in certain matters arising in the course of enforcement proceedings, within the meaning of article 37 of the Law on Enforcement Proceedings, art.

434 PCA of the Russian Federation, art. 358 of the CAS of the Russian Federation and art. 324 of the PCA of the Russian Federation may be grounds for deferment or suspension of the execution of an executive document, which may be inexcusable at the time of the application to the court, preventing the debtor from executing an executive document within the prescribed time limit.

When granting a stay or a time limit, the courts must balance the rights and legitimate interests of the claimants and debtors in such a way that such a procedure for the execution of the court ' s decision meets the requirements of fairness, proportionality and does not affect the substance of the guaranteed rights of persons participating in the execution proceedings, including the right of the applicant to execute the judicial act within a reasonable time (absats, first, second and third paragraphs 25 of the aforementioned decision of the Plenary of the Supreme Court of the Russian Federation).

On the basis of the explanations contained in paragraph 23, paragraph 3, of the decision of the Plenum of the Supreme Court of the Russian Federation of 26 June 2008.

No. 13 "On the application of the rules of the Code of Civil Procedure of the Russian Federation in the consideration and resolution of cases before the court of first instance", when considering applications by persons participating in the case, the bailiff or the time-limit for the execution of the court's decision, taking into account the need for timely and full implementation of the decision by the court in each case, the evidence submitted in support of the request for a stay (delay) and the materials of the executive proceedings should be carefully evaluated if the executive document has been produced for execution.

How evidence is evaluated

The Court evaluates the evidence in its internal conviction based on a comprehensive, complete, objective and direct examination of the evidence available in the case (article 67, paragraph 1, of the Criminal Code of the Russian Federation).

The Court evaluates the relevance, admissibility, reliability of each evidence individually, as well as the sufficiency and mutual connection of the evidence in its entirety (art. 67, para. 3, of the Criminal Code of the Russian Federation).

According to article 67, paragraph 4, of the Code of Criminal Procedure, the court is obliged to reflect the results of the evaluation of evidence in a judicial act which gives reasons why some of the evidence is accepted as a means of justifying the court ' s findings, other evidence is rejected by the court, and the grounds on which some evidence is preferred over others.

It follows from these regulations, in their systemic relationship, that the Plenum of the Supreme Court of the Russian Federation has explained their application that, according to the persons involved in the case, the court may decide on the question of deferment of the execution of the decision on the grounds established by law and on the basis of the totality of the evidence submitted by the parties, taking into account the principles of equality and adversariality of the parties, as well as the principle of fairness of the judicial proceedings, and that the grounds for deferment or suspension of the execution of the decision are exceptional circumstances at the time of application to the court, which indicate that it is impossible or extremely difficult to implement the decision of the court; these circumstances may include, inter alia, the debtor ' s difficult property situation, reasons that make execution seriously difficult, and the possibility of execution of the court ' s decision after the expiry of the period of deferment.

The court, when considering applications by persons involved in the case, the bailiff to defer or delay the execution of the court ' s decision on a case-by-case basis, must determine whether or not such circumstances prevent the debtor ' s execution within the prescribed time limit.

In doing so, the court is obliged to evaluate all the arguments presented by the debtor that the execution of the court ' s decision should be postponed or suspended, the applicant ' s objection to the delay or the delay based on its internal conviction based on a comprehensive, complete, objective and direct examination thereof, and to give full reasons for its findings on the matter in the court ' s determination.

So,the issue of deferment or suspension of enforcement of a court decision is not resolved arbitrarily by the court, but in the light of the need to balance the rights and legitimate interests of the claimants and debtors, to respect the guaranteed rights of the persons involved in the execution proceedings, to requirements of fairness and proportionality.

How the application is made

The application for a stay of execution of a court decision must contain information on the decision to be deferred, the reasons for the application and the evidence supporting the grounds for the stay.

An application for a stay of execution will be heard by the same court or justice of the peace, who has rendered the decision; the application is heard in court and the parties ' appearance in court is not mandatory.

The State party ' s request is not paid for; copies of the application are attached by the number of persons involved in the case; if the executive document is executed by the bailiff, it is necessary to identify the bailiff as the person concerned in the case.

• B________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  (name of court)
  From________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  (FIO in full, address)
  Stakeholders:......................................................................
  (FIO in full, address)
  In civil case No.
  (FIO of the plaintiff)
• ____ (Responsor ' s FIO)

Application for stay of execution (model)

The court issued a judgement in a case to which the court decided (to specify the obligations incumbent upon the defendant by the decision).

I am not in a position to execute the judgement at the present time because it is not possible for the parties to do so (specify the reasons why the execution of the judgement is not possible; the circumstances on which the execution of the judgement would currently be detrimental to the parties).

In fact, it will be possible to execute the court decision after "______________, when ___________________ (to indicate how the circumstances change, why the court decision will be executed after that date).

1. On the basis of this statement, in accordance with article 203 of the Code of Criminal Procedure,
2. Please:
3. Reschedule the enforcement of the judgement of the court in the suit (the plaintiff's FIO) to [the respondent's FIO) on [the substance of the decision] to "_______________________.
4. List of documents annexed to the statement(copies by number of persons involved in the case):

1. Copy of the application for deferral
2. Documents supporting the grounds for the stay of execution of the court ' s decision

Date of application "___" ______________________________________________________________________________________________________________________

Court-ordered resettlement 2023 — order, from apartment as it happens, by bailiffs, stay of execution, procedure, period, municipal

Requests for eviction are complicated by the fact that housing rights of the real estate owner and his family, including minor children, may be affected.

The procedure for the removal of housing by a court decision remains a last resort and is necessary for the restoration of the violated right, for example, if the defendant and his family have taken the property illegally, or when they have sold it or transferred it to another transaction, but refuse to leave the premises.

All grounds must be examined by a court and substantiated by strong evidence.

General

Prior to the direct procedure, a period of recourse to the offender may be preceded by a request for the release of the dwelling without trial.

The defendant may be notified by registered letters and may be informed by municipal officials or bank employees (if the apartment has been sold by the bank due to the debtor ' s inability to settle the mortgage in a timely manner).

The defendant may be given a time limit for the release of the dwelling if he refuses to do so, the legal owners and owners of the dwelling have no choice but to prepare a claim before the court.

The trial may take several months and be postponed periodically for a variety of valid reasons: search for defendants, failure to appear, examination, or waiting for documents from local governments and other authorities.

Possible grounds

The grounds for eviction from an apartment or home are as follows:

• Permanent violation of the rights of neighbours - they may evict from a municipal or privately owned dwelling;
• The misuse of housing, the introduction of alterations in the apartment, which could cause the collapse of the home;
• The recognition of the sale of real property as invalid and the refusal of illegal buyers of real property to leave it voluntarily;
• Loss of right to use housing due to long absences, non-payment of public services;
• The sale of real estate as collateral is on the defendant's debts, including mortgages.

There may be other grounds for eviction by court order: the main aim of the plaintiff is to prove that the defendant has no property or obligation to housing.

Legislative regulation

Eviction is possible on the basis of article 31, article 95 of the Code of Criminal Procedure of the Russian Federation and article 229 of the Code of Criminal Procedure of the Russian Federation.

Releasing by decision of the court

The right to housing is a constitutionally guaranteed citizen ' s right, and a person ' s apartment cannot simply be deprived.

Even if a citizen does not have the right to use housing, if there are valid reasons, such as staying in a minor ' s apartment, eviction is possible only if the family has a place to live.

Until then, the enforcement of a court decision may be suspended until the citizens have found a dwelling by themselves or through municipal authorities.

From a municipal apartment

A citizen may be expelled from a municipal apartment if he or she lives there illegally, damages the dwelling and does not pay for public services; the rights and obligations of the parties are governed by a social employment transaction.

• In the event of a substantial breach of the terms of the social employment transaction, the local authorities have the right to initiate legal proceedings and to expel a citizen to a dormitory or not to provide him with any housing at all.
• Citizens may also be evicted from departmental municipal apartments if they have completed their social employment period.
• The institution that initiates the proceedings may be the municipal entity or the relevant authority in whose property the housing fund is located.

From privatized

If a citizen has participated in privatization, he or she has the right to share in the apartment or the right of residence if he or she has given his or her consent to privatization but has refused to participate in it.

There's no way to evict him, and there's a need for substantial grounds, for example, when a citizen violates the rights of his neighbors, he doesn't pay for public services for a long time.

You can also evict illegal citizens from privatized housing; you can take away a citizen's share if the apartment remains his only dwelling, and you can't get out – even in the case of substantial loans and other debts.

Mode of action

For eviction, it is necessary to file a statement of claim, collect documents that confirm that a citizen has no right to live in an apartment, and apply to the court at the place where the apartment is located.

An action may be brought in person or through a legal representative; the absence of the defendant from court, if properly notified, does not constitute an obstacle to the consideration of the case.

The judgement will be delivered in absentia, which will be subject to appeal within 10 days and only for valid reasons.

Submission of a claim

The procedure is governed by the rules of the Russian Code of Criminal Procedure (art. 131-135). It must indicate the name of the court, the parties to the proceedings, their contact details. The title of the claim must be clearly stated, and the disputed situation on the merits must be presented in a consistent manner.

Reference must be made to the specific articles of the regulations as well as to the contracts, and the requirements for the defendant must be clearly stated in the request form, and the statement of claim must be dated and signed.

A model application for eviction is presented here.

Necessary documents

In order to file a claim in 2023, the court must provide:

• Right-making documents for municipal real estate;
• A document confirming the plaintiff's right to demand the eviction of citizens – an appropriate document confirming the owner's or owner's right, for example, if he has bought an apartment and can confirm it with the relevant documents;
• A document confirming the payment of the State duty.

If the claim is filed by the trustee, a notarized power of attorney will be required.

Time frame

The application is usually considered within three months; there are no specific periods of eviction, depending on the circumstances of the case and the complexity of the trial; the case must be dealt with within a reasonable time.

If it is not brought before a court for any reason, the persons concerned are entitled to file an application with the president of the court, which must be considered within five days of receipt.

Actions by bailiffs

1. A court-ordered eviction may require the intervention of a bailiff if the defendants refuse to comply with the court ' s decision voluntarily.
2. The plaintiffs have the right to apply to the court and to obtain an executive record, which may be presented to the bailiffs together with an application for enforcement proceedings.

3. The bailiff initiates the execution proceedings and notifies the debtor of the need to execute the court ' s decision within a specified time.
4. If the debtor refuses to leave voluntarily, the bailiff will leave the defendant ' s place of residence and carry out the eviction by force, with the assistance of police officers.

The debtor is liable for the performance fee, which will be not less than 1,000 roubles.

Is it possible to delay performance?

There must be a valid reason for doing so; a request must be made to the bailiff for a delay; the delay may not exceed 10 days.

The decision to defer the execution of the judgement depends solely on the bailiff.

Judicial practice

There is no uniform jurisprudence; the outcome of the case depends on the preparation of the parties for the trial and the availability of credible evidence.

If the defendant has no right to live in the apartment, he will lose the case and eventually he will have to leave the apartment; in difficult situations, it is advisable to seek the support of a competent lawyer.

The case law on eviction is presented here.

On a video of a court-ordered eviction

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

APPLICATIONS AND APPLICATIONS ROUNDLY AND WITHOUT DAYS OF EXPERIENCE.

Postponement of eviction of a former member of the owner ' s family

Let us assume that there is already a decision by a city (district) court to expel you from a dwelling owned by another citizen or organization, as well as an appeal decision by the Arkhangel Regional Court to keep it in force.

Of course, under civil procedure law, in the event of disagreement with the decision of the city (district) court or the decision of the regional court on eviction, you are entitled to lodge a cassation appeal first with the Arkhangel Regional Court and then with the Supreme Court of the Russian Federation, which must be filed within six months of the decision of the regional court.

However, it follows from the provisions of the law and the jurisprudence that the filing of a cassation appeal in the vast majority of cases will lead to nothing, which is like a lottery, where the likelihood of a real gain is also extremely low and close to zero.

In practice, however, it is still more difficult.

Even if there is a substantial violation of the law, you are likely to be denied, as your disagreement with the court ' s approach does not lead to the conclusion that the court has misapplied the law.

Moreover, more importantly, the filing of an appeal in cassation does not in itself suspend evictions; the court ' s decision has already entered into force and is binding.

If the opposite party acts quickly, within a few weeks of the entry into force of the decision, the bailiffs may submit to you a request for eviction, for which the execution fee (5,000 rubles) and then other penalties may be imposed.

Therefore, it is worth considering in advance what you will do after the court's decision comes into effect — to evict or to seek to retain the right to use for a period.

In fact, there are two separate mechanisms currently in place to delay the execution of a court decision on eviction, one conditional on "preserving the right of use" and the other on "delaying the execution of a court decision".

In theory, there are several other mechanisms: for example, suspension of court execution or postponement of execution (Articles 38 and 39 of the Federal Act of 02.10.2007 No. 229-FZ on execution proceedings).

However, the use of these options is even less productive, as it is not possible to use them.

Postponement is allowed only for 10 days and suspension is intended for other situations or is considered by the courts as a synonym for the postponement of the execution of the court decision.

1. Protection by requiring the maintenance of the right to housing is based on the provisions of article 31, paragraph 4, of the Housing Code of the Russian Federation.

In establishing the right to evict others, the legislature provided that if a former member of the family of the owner of the dwelling had no grounds for acquiring or exercising the right to use another dwelling, and if the property status of the former member of the family of the owner of the dwelling and other circumstances worthy of attention prevented him from providing himself with another dwelling, the right to use the dwelling of the said owner could be reserved for the former member of his family for a certain period of time on the basis of a court decision.

It is also established that the court has the right to require the owner of the dwelling to provide other accommodation for the former spouse and other members of his family to whom the owner performs maintenance obligations on their behalf, but we will not consider this rule because it is a complex separate issue related to maintenance obligations.

An analysis of judicial practice and the rule in question shows that exceptional circumstances are also necessary for the temporary preservation of the right of residence in the apartment, for example, the decision of the Supreme Court of the Russian Federation of 1 September 2015 No. 46-GC15-14 states that:

• "The rule of article 31, paragraph 4, of the Russian Federation's Housing Code, by giving the court a known discretion in deciding whether to retain the right of the owner's former family member to use the dwelling, the duration of the existence of the right, and the obligation of the owner to provide the person with a different dwelling, implies the need for the court to conduct a full and in-depth examination of the factual circumstances of the case with a view to verifying whether there are, in fact, grounds for retaining the right of the owner's former family member to use the dwelling or for providing him with another dwelling by the owner...
• The court ' s decision to retain the right to use a dwelling for a certain period of time is permitted under article 31, paragraph 4, of the Housing Code of the Russian Federation, in the following circumstances:
• (a) The absence from the former family member of the owner of the dwelling of grounds for acquiring or exercising the right to use another dwelling;

(b) The inability of a former member of the owner ' s family to provide for himself or herself with other accommodation (buying an apartment, entering into a contract for the employment of a dwelling, etc.).

) due to property status (no income, insufficient funds) and other relevant circumstances (health, disability by age or state of health, disability of dependants, loss of employment, study, etc.)"

Therefore, if you are at risk of eviction, it should be assessed whether you have exceptional circumstances in which you wish and are entitled to claim the right of use for a certain period of time.

The indicative form of the application for retention of the right is placed here and should be supplemented with specific information and supporting documents before being brought before the court.

In this case, however, the court will not be able to retain the right indefinitely, so it is necessary to specify in its application a specific time limit by which the applicant can resolve his/her problems.

This time limit also needs to be justified.

For example, if a person is in hospital or undergoing serious treatment, the medical organization's document and the doctor's doctor's document will be confirmed.

If income is below the subsistence level, income documents (e.g. from the pension authority or from the workplace) must be provided.

If you are registered as needing improvement in housing conditions or as recipients of social support measures, the relevant information will also be useful.

It is important that, by virtue of the law and the explanations of the Supreme Court of the Russian Federation, the court is obliged, on its own initiative, to investigate the question of the maintenance of the right of use, but this is usually not the case, so it is necessary to make such a claim immediately, in the form of an objection to an eviction claim or in the form of a counter-claim.

If an eviction order has already been issued, this does not exclude the right to pursue a claim to retain the right to use; if such an action is filed, a separate application may be made to the court to grant a stay or stay the execution.

2. The defence by way of an application for deferment is very similar in its reasoning to the previous requirement to retain the right of use.

1. When applying for a stay of execution, it is also necessary to state all the substantial arguments that indicate that there are obstacles to the enforcement of the court decision and that there is potential irreparable harm to the person being expelled.
2. In accordance with articles 203 and 434 of the Code of Civil Procedure of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), as well as article 37 of Federal Act No. 229-FZ of 2 October 2007 "On execution proceedings", the court that considered the case is entitled to grant a stay of execution of the judicial act.
3. Under article 203 of the Code of Criminal Procedure, in considering the question of suspension, the court takes into account the property situation of the parties and other circumstances, and article 434 of the Code of Criminal Procedure provides that a stay may be granted in circumstances that make it difficult to enforce a court order.

However, as in the above case, there are no clear specific criteria in which you can accurately expect to receive a delay.

In both cases, everything depends entirely on the credibility of the claim, the evidence, and the court's point of view.

The more you can provide evidence that immediate enforcement would result in a serious and irreparable violation of your rights, the better the chances of a stay.

• Therefore, the reasons for the health situation and the lack of money (income) needed to hire another dwelling are also the most compelling.
• The indicative form of the application for a stay of execution of the eviction order is placed here.
• In determining the duration of the stay, it must be borne in mind that the court ' s decision on eviction has entered into force and must be enforced, so it must be clear from your request how long it is necessary to prepare for the release of the premises.

For example, if you have sufficient income to hire a better dwelling, the court will in fact have no reason to grant a stay, and it is therefore necessary to provide the court with documents providing information on the cost of hiring an equivalent dwelling (e.g. a real estate agency) and on the income of family members (e.g. a job certificate or a pension authority).

In the event that you have not been granted a stay and have failed to comply with the bailiff's request for eviction within the prescribed time limit (usually five days), the bailiff may and must set a new time limit and collect an executive fee of 5,000 roubles for such requirements; if the requirements of the bailiff are not met, additional fines and other enforcement measures may be imposed (article 107 of the Federal Act of 02.10.2007 No. 229-FZ "On execution proceedings").

1. Document forms:
2. (1) Draft statement of claim for retention of the right;
3. (2) Draft application for a stay of execution of the court ' s decision.
4. Reservation as to the nature of the information contained in this article

The information provided in this article is not a legal advice and may not be applicable in a particular situation; in order to obtain qualified, paid or free legal assistance, you should contact a lawyer (lawyer) specializing in relevant matters to provide the necessary documents in the case.

The article was prepared on the basis of an analysis of the legal instruments as at 8 August 2016, and it was therefore necessary to take into account the changes that would be made later in the legislation when using the information.

Recourse to the court does not yet guarantee a positive outcome, since the final decision is in any case taken by the court on the basis of an examination of all the circumstances and taking into account the interests and arguments of all parties.