Clarifying the manner and manner in which the judgement was enforced

Decision of 27 April 1999 on the clarification of the method and procedure for the execution of the executive document: Jarenskes' application by Abdulkhakov A. The decision of the court of first instance was recognized as lawful by the Court of Civil Cases of the Archangel Regional Court in its review of the defendants' cassation appeal. 19 December of the case, an executive note was issued. In response to the defendants' refusal to perform the court act voluntarily, he applied to the bailiffs' office in the Len District for an application for enforcement proceedings.

Contents:

• An error occurred.
• Clarification of the courts' decision: features and model statement
• Change in the manner and manner of execution of the court decision, deferment and postponement of the execution of the court decision
• Article 32: Clarification of the executive document, the manner and manner of its execution
• Draft laws for people
• Article 433 of the Code of Criminal Procedure: Clarification of the executive document
• Clarification of the manner and manner in which the executive document was executed.
• Refusal to clarify the manner and manner of execution of an executive document

An error occurred.

Omska M. Omsk, Street of Yaltinsky, 47 Objections to the application for clarification of the executive document in the order of art. I consider that the application is not admissible on the following grounds. According to art.

It follows from the statement that the complainant is not comfortable with the concrete fence: height and material; the mill in the city of Melinny, I believe, is a different procedure for resolving the dispute, a procedure in which the claimant must prove that the fence is not in conformity with the requirements of the law, as well as the violation of his rights; judicial practice with regard to the application and interpretation of the provisions of the article of the Code of Criminal Procedure of the Russian Federation is uniform.

For example, a review of civil case law in September, prepared by the Belgorod Regional Court, stated: "The Presidency found the application not to be admissible. According to the explanation, it is a more complete and clear statement of the parts of the court act whose interpretation is difficult, and the court is not entitled to modify its content and cannot deal with matters that are not reflected in the court act.

The executive list requested by the complainant for an explanation of the procedure for the execution of the case contains the operative part of the decision of the Presidency of the Belgorodsk Regional Court of the Moscow Regional Court in the decision of the Domodedov City Court of 02 September 2 in the explanation of the order of the executive document, N series, after examining the arguments of a private complaint, the court does not see any grounds for setting aside the court's decisions. According to article 32, paragraph 1, of the Russian Civil Code, article 32 of the Federal Law on Execution Proceedings, in the event that the requirement contained in the executive document is not clear, or that the method and procedure for its execution is unclear, the applicant, the debtor, the bailiff or the court officer may apply to the court which issued the court act for an explanation of the executive document, the manner and manner of its execution.

It appears from the case file that the contents of the executive sheet N series, which was issued against me, correspond to the operative part of the decision of the Kirovsk District Court of Omsk on the grounds that there were no breaches of the statutory requirements in the execution of the court decision, and that the fence is a continuation of the applicants' fence, similar in height and material.

There is no ambiguity in the requirement contained in the executive document or in the manner and manner in which it is carried out, which, in accordance with article PCA of the Russian Federation, is the basis for an explanation of the execution sheet.

This conclusion is confirmed by the fact that the enforcement proceedings were completed on the basis of an executive notice, and in the event of disagreement with the end of the execution proceedings, the complainant was able to appeal against the decision, and the decision of the bailiff to terminate the execution proceedings was not appealed by the complainant or appealed against the execution of the judgement.

In the explanation of the executive document, the court decision on the basis of which it is issued is in fact explained; in accordance with article 1, paragraph 1, of the Act, an analysis of the above rule shows that the courts' decision is explained in the event of its lack of clarity, inconsistency and lack of clarity; the courts' explanation of the decision is merely a more complete and clear statement, but is not entitled to change the content of the judicial act or to resolve matters which were not the subject of the proceedings.

In the present case, the courts' decision has been executed, the execution proceedings have been completed, and no explanation of the courts' decision, as well as of the executive document, is permitted; on the basis of the above, I request that the application for clarification of the executive document be refused.

Clarification of the courts' decision: features and model statement

The persons involved in the case and the bailiff may initiate the stay, the suspension or suspension of the execution of the judgement, the modification of the manner and manner of its execution, and the modification of the manner and manner of its execution may be carried out by the parties involved in the case, and the court may, on the basis of the parties ' property or other circumstances, defer or postpone the execution of the decision, amend the manner and manner of its execution, and may change the manner and manner of its execution before the actual execution of the courts' decision, within the time limit for enforcement, or before the expiry of the period for enforcement of the judgement, otherwise the purpose of carrying out the above-mentioned actions shall be lost; the postponement and postponement of the execution of the judgement shall mean a change in the duration of its execution; the postponement shall constitute a postponement by the court of the execution of the decision and a postponement of its execution at its discretion to a later date than that set by the court decision or by law.

A similar provision is contained in article 3 of the Code of Criminal Procedure, which provides that, in the event that the requirement contained in the executive document is not clear or the method and manner in which it is carried out is not clear, the applicant, the debtor or the bailiff may apply to the court which has issued the judicial act for clarification of the executive document and the manner and manner in which it is carried out; thus, the rules of arbitration and procedure make it possible to clarify only the judicial act itself, i.e. the original document.

Change in the manner and manner of execution of the court decision, deferment and postponement of the execution of the court decision

In the event that the requirement contained in the executive document is not clear or the method and procedure for its execution is unclear, the applicant, the debtor, the bailiff or the court officer may apply to the court which has issued the judicial act for an explanation of the executive document, the manner and manner of its execution. An application for clarification of the executive document shall be considered at a court hearing within ten days of the date of the submission of the application; an explanation of the executive document containing the request for the return of an illegally displaced child to the Russian Federation or a detained child in the Russian Federation or for the exercise of the rights of access of such a child under an international agreement of the Russian Federation shall be considered at a court hearing within five days of the date of the receipt of the application by the court. The persons entitled to apply to the court for clarification of the executive document, the manner and manner of its execution shall be: and the perpetrator, a citizen or organization whose application is made in favour of and on whose behalf an executive document is issued; the debtor, a national or an organization obliged by an executive document, shall consider certain actions to transfer funds and other property, other duties or prohibitions provided for by the executive or refrain of certain actions shall be made by the judicial authorities of the judicial authorities.

Article 32: Clarification of the executive document, the manner and manner of its execution

Omska M. Omsk, Street of Yaltinski, 47 Objections to the application for clarification of the executive document in the order of art. I believe that the application is not admissible on the following grounds.

The parties to the case, who were notified of the time and place of the hearing, did not appear; the failure of the persons concerned to appear did not constitute an obstacle to the examination and resolution of the matter brought before the court; according to article of the Code of Criminal Procedure of the Russian Federation, if the requirement contained in the executive document was not clear or the method and manner in which it was carried out was not clear, the applicant, the debtor or the bailiff could apply to the court which had issued the court act for clarification of the executive document, the method and the manner in which it was carried out; the application for clarification of the executive document was considered in court within ten days of the date on which the application was submitted to the court.

Draft laws for people

1. In the event of a lack of clarity as to the provisions of the executive document, the manner and manner in which it is carried out, the applicant, the debtor, the bailiff or the official issuing the executive document may apply to the court, other body or the official who issued the executive document for clarification of its provisions, the manner and manner of its execution; the application for clarification of the executive document, the manner and manner of its execution shall be considered by the court, other authority or the official who issued the executive document within ten days of its receipt.

1. In the event of lack of clarity as to the provisions of the executive document, the manner and manner of its execution, the applicant, the debtor, the bailiff or the official issuing the executive document have the right to apply to the court, other body or the official who has issued the executive document for clarification of its provisions, the manner and manner of its implementation. 1. In the event of lack of clarity as to the provisions of the executive document, the manner and manner of its implementation, the applicant, the debtor, the court, the court or the official responsible for issuing the executive document shall, within ten days of its receipt, be examined by the court, other authority or the official responsible for the issuance of the executive document; and a statement explaining the provisions of the executive document containing the request for the return of an illegally displaced child to the Russian Federation or a child being detained in the Russian Federation, or for the exercise of the rights of access with respect to such a child under an international treaty of the Russian Federation, the manner and manner of execution of the executive document shall be considered by the court issuing the executive document within five days of the date of the receipt of the said application.

Article 433 of the Code of Criminal Procedure: Clarification of the executive document

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Clarification of the manner and manner in which the executive document was executed.

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Refusal to clarify the manner and manner of execution of an executive document

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