All actions against debtors are carried out on the basis of initiated enforcement proceedings under the Federal Law "On Enforcement Proceedings".
In particular, the bailiffs have the right to cause the parties to the executive proceedings (their representatives), to request the necessary information (including personal data) from individuals, organizations and bodies located in the Russian Federation, impose an arrest on property, including cash and securities , withdraw specified property, transfer the arrested and seized property for storage.
The measures of compulsory execution are the actions specified in the executive document or actions committed by the bailiff for the purpose of receiving the property from the debtor, including funds to be recovered by the executive document. One of the measures is to appeal to the debtor's property.
In practice, the action of the bailiff look like this. After the excitation of the enforcement proceedings, the debtor is given a period for voluntary fulfillment of the requirements specified in the document. If they are not fulfilled on time, the bailiff can come home to the debtor. Here the bailiff has the right to produce an inventory of property, his arrest and further implementation. Most often, household appliances, furniture, certain things (for example, a fur coat, if several) become such property.
But the addition is entitled to pay attention to the property belonging to the debtor. Therefore, it is desirable to provide relevant documents if things belong to relatives or civilian spouses.
In connection with the current situation related to the spread of coronavirus infection, federal law of July 20, 2020 No. 215-ФЗ "On the features of the execution of judicial acts, acts of other bodies and officials, as well as the return of overdue debt during the distribution period of the new coronavirus infections.
In accordance with this law, certain restrictions have been introduced in the actions of the bailiff in relation to the debtors. Now the bailiffs are not entitled to apply the measures forced execution related to the inspection of the drive property of the debtor, located at the place of his residence (stay), the imposition of the arrest on the specified property, as well as with the seizure and transfer of the specified property.
This restriction does not apply to vehicles (cars, motorcycles, mopeds and light quadricials, tricycles and quadrician, self-propelled machinery) belonging to the citizen's debtor. In relation to property, the rights to which are subject to state registration can be committed by executive actions related to the imposition of a ban on committing registration actions.
The restriction was initially valid until December 31, 2020. To date, its term has been extended until July 1. Of course, the measure will positively affect the debtors, because now, many citizens remained without work, many are still at self-insulation, someone works at the "remote". The seizure of property can negatively affect the daily life of citizens.
Moreover, most often the assessment of the property is carried out independently, and it is much lower than the real value of the property. Therefore, as part of the debt repayment, the weather amount will not do, and the person and members of his family will remain without the necessary items of household appliances, such as TV.
Yes, there is a norm of law, where it is indicated that the recovery on the executive documents cannot be addressed to the objects of the usual home environment and consideration, the things of individual use (clothing, shoes and others), with the exception of jewels and luxury items. But most often the bailiffs in place are not disassembled with this, and the debtors to protect their rights are forced to go to court.
Therefore, in our opinion, this restriction is just valid within the framework of the principle of enforcement proceedings, which is the integrity of the minimum of the property necessary for the existence of a citizen and his family members (Art. 4 FZ "On Enforcement Proceedings"), thereby keeping the balance of interests of all sides.