ИСПОЛНИТЕЛЬНОЕ ДЕЙСТВИЕ, СОВЕРШАЕМОЕ СУДЕБНЫМ ПРИСТАВОМ-ИСПОЛНИТЕЛЕМ ВНЕ ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА

Abstract

The article examines the enforcement action performed by the bailiff-executor in accordance with paragraph 16 of part 1 of Article 64 of the Law on Enforcement Proceedings – checking the correctness of the withholding and transfer of funds under the executive documents presented in the manner prescribed by part 1 of Article 8, part 1 of Article 8.1 and part 1 of Article 9 of the Law on Enforcement Proceedings. The purpose of the article is to identify the features of this action, to determine its place in the list of enforcement actions, and in general in enforcement proceedings. Based on the results of the study, the author comes to the conclusion that checking the correctness of withholding and transferring funds under executive documents is not an enforcement action. In this article, the author considers the specified action as an extra-executive action carried out by the bailiff-executor to control the execution by other bodies and organizations, expressed in conducting an audit in relation to the bodies directly executing the requirements of the executive document and in the event of their failure to bring them to justice. At the same time, in this article, the author considers checking the correctness of the withholding and transfer of funds under executive documents as the control authority of the bailiff, taking into account the provisions of the new Federal Law of 31 July 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation”. The author makes his proposals for improving the legislation of the Russian Federation on enforcement proceedings.