ON THE PROBLEM OF EXECUTING AN ORDER FOR RECOVERY OF A PERFORMING COLLECTION

Abstract

The article is devoted to the performing institution of collection, which in the legal literature
is poorly understood. Performing collection, as administrative sanctions, the list of
administrative penalties provided for by Art. 3.2. Administrative Code, not expressly indicated.
The provisions of the Federal Law "On Enforcement Proceedings" do not regulate
the issue of the timing issuance and execution of the order for the recovery of performance
fee. This uncertainty of legal regulation leaves the decision on bringing to responsibility of
the debtor and to bring to the execution of the decision to the discretion of the official.
Start of the period for a ruling on collection of performance collection para. 1, Art. 112 of the Federal Law "On Enforcement Proceedings" relates to the expiration of five days

from the date of examination of the debtor with the decision to initiate enforcement proceedings,
not regulating the period within which the bailiff - executor has the right to
issue an order for the recovery of performing collection and bring it to fulfillment. The
effectiveness of using coercive measures as a collection of performance from the debtor
is largely dependent on successful implementation, enforcement of this ordinance. The
author proposes regulatory supplement Article 112 of the Federal Law "On Enforcement
Proceedings" position on the timing of issuance and submission to the execution of the
decision to prosecute a collection of performance.