Digital Enforcement Proceedings

The State Duma adopted in the first reading a bill on the introduction of the super service “Digital Enforcement Proceedings” (Draft Federal Law No. 1144920-7).

The bill is promising, and the professional community, which works directly with the FSSP and participates in enforcement proceedings, has well assessed the potential benefits of the innovation.

Thus, for many it will be good news that the TIN will be added to the list of significant facts about the debtor contained in the data bank of enforcement proceedings. This will help you easily find information about enforcement proceedings, because Now it can be extremely difficult to find such information, due to the fact that data on the debtor may be entered incorrectly.

In addition, the bill provides for the need to indicate such identifiers as TIN, SNILS, series and number of the identity document of both the citizen-claimor and the citizen-debtor, in an application for the issuance of a court order, court order, statement of claim, and writ of execution. This decision may make it possible to carry out the necessary enforcement actions at the initial stage of enforcement proceedings in a shorter time.

If the above identifiers are not presented in the documents, the bailiff will be able to establish them by contacting the relevant authorities using government information systems, which should also significantly speed up the process of enforcement proceedings. To promptly notify the party to the enforcement proceedings about significant events, the bailiff will be able to request from mobile operators the telephone numbers of the party to the enforcement proceedings - the operators must respond within 24 hours from the moment the request is received.

No less important is the idea of ​​automatically making certain decisions within the framework of enforcement proceedings, such as establishing and lifting restrictions for the debtor, establishing and lifting prohibitions, foreclosure on the debtor’s funds and income and its cancellation. Such actions will be signed with an enhanced qualified electronic signature and can be canceled or changed by the bailiff in charge of the enforcement proceedings, or by his superior management.

Also, in response to a decision of a bailiff or other official of the bailiff service, sent electronically, the persons or bodies executing it must send an electronic notification of its execution, signed with an enhanced qualified electronic signature. If it is not possible to provide a response in this form, the corresponding notification must be sent in paper form.

It is worth noting a very important innovation - the powers of representatives of organizations participating in enforcement proceedings can be issued through the Unified Identification and Authentication System. To do this, the relevant document must be signed with an enhanced qualified electronic signature of the manager or another authorized person. In a similar way, it will be possible to formalize the representation of the interests of citizens participating in enforcement proceedings.

Thus, the bill is aimed at speeding up enforcement proceedings, at the convenience of interaction between parties to enforcement proceedings with the FSSP, at competent interaction between the FSSP and government bodies and organizations.

GRATA International St Petersburg