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Draft ruling of the Plenum of the Supreme Arbitrazh Court “On some issues of application of Federal law “On Enforcement proceedings” was discussed on February, 12. The draft ruling introduces clarifications on the issue of seizure of property and other measures of enforcement proceedings.

DATE: February 17, 2014 | AUTHOR: atlawyers

Particularly, it was specified that a bailiff was not entitled to impose additional limitations without the consent of the court if the seizure had been already applied. It was also stated that enforcement fee was not to be recovered from debtor if the debtor would prove his intention to execute enforcement document voluntarily during the term for voluntary execution. The draft ruling clarified that liquidation of the debtor and its exclusion from the Unified State Registry of Legal Entities (EGRUL) led to return of the enforcement order to the plaintiff and the enforcement proceedings termination.

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