После возбуждения исполнительного производства (2010)

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Uploaded: 14.01.2011
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Description

Objective 1

After initiation of enforcement proceedings and enforcement actions beginning sovershe¬niya creditor Smirnov asked the court to replace the bailiff Shakirov, on the grounds that she and the debtor are rodstven¬nikami Ibragimov, so there is reason to doubt the impartiality of the court bailiff.
Whether rights Smirnov? What is the procedure for removal of a bailiff-ispol¬nitelya in enforcement proceedings?

Task 2

When the commission of executive actions bailiff is¬polnitel Manakova to foreclose on the mortgaged property of the debtor in the form Karimov car "Volga" by imposing on him arrest for subsequent sale. Pledgee Rakhimov, objecting to these actions Manakova, pointed out that dolzh¬nika Karimov has other property to pay off trebova¬ny.
Are the actions of the bailiff? In order ka¬kom may be levied on the mortgaged imusches¬tvo?

Objective 3

Declarations of the commission on labor disputes are under the Law on Enforcement Proceedings, executive dokumen¬tami.
Does this mean that the company can provide proof of the commission to the bank directly itself, or certainly should be addressed to the bailiff? In what terms can refer to the bailiff? In what order will be allocated the amount collected from the debtor?

Task 4

In one of the courts of the Russian Federation, a citizen of Iraq addressed a petition for enforcement of judgments of the Court of the Republic of Iraq to recover from a citizen of the Russian Federation alimen¬tov for the child.
Please comment on the possible actions of the Russian authorities gosudarstven¬nyh. When answering use the treaty on mutual legal assistance between the USSR and the Republic of Iraq (Moscow, 06.22.1973).

Objective 5

For the execution of the decision of the military court for compensation Stepanov damage caused by the destruction of property in the amount of 10 000 rub., The chairman of the military court was sent the writ to the Chairman of Dzerzhinsky Central District Court of St. Petersburg for the production of enforcement with the Finance Department nachalni¬ka garrison.
In connection with the failure of this decision by the court on the aforementioned vo¬ennym head of Finance Department was fined 100 minimum wage.
Is it right to fine? What is the basis for the imposition of a fine? What is the procedure for imposing a fine in connection with the neis¬polneniem judgment?

Task 6

JSC "Orgsintez" applied to the Arbitration Court of the Samara region with the claim of a "rubber" for the recovery of 800 thousand. Rub. debt, payment of penalties for pro¬srochku delivered under the contract from 03.21.1998 to¬vara and for the use of borrowed funds.
Decision of 14.06.1998 the claim was satisfied in part: a respondent recovered 600 thousand. Rub. On the recovery of this amount, 29.07.1998 issued the writ of execution.
In December 1998, the plaintiff said the arbitration court for the creditor to the specified za¬mene writ of execution and the correction of errors in it. This petition, the replacement of the creditor, based on the assignment of the claim by the contract 04.03.1998 concluded the plaintiff with JSC "Consultant" in accordance with Art. 382 of the Civil Code.
By a decision of 24.02.1999, the arbitral tribunal made protsessu¬alnoe succession, recognized good claimer JSC "Kon¬sultant" gave him a writ of execution. This term has been restored for the presentation of the document to be executed and it made the necessary clarification.
FAS Volga region decree of 14.05.1999 canceled this definition because succession is allowed only in case of withdrawal of one of the parties in legal disputes. According to the court, to carry out the replacement side of the case after the decision and the issuance of a writ of execution, ie the completion of the arbitration proceedings, is inadmissible.
Whether rights of Arbitration Court of the Volga Di

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