Article 122 of the Civil Procedure Code of the Russian Federation. Theory of everything

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Issued if:

the claim is based on a notarized transaction;

the claim is based on a simple written transaction;

the claim is based on the notary's protest of the bill of non-payment, non-acceptance and undated acceptance;

a claim has been made for the recovery of alimony for minor children, not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties;

a claim has been made for the recovery of wages accrued but not paid to the employee, vacation pay, dismissal payments and (or) other amounts accrued to the employee;

the territorial body of the federal executive body for ensuring the established procedure for the operation of courts and the execution of judicial acts and acts of other bodies has filed a claim for the recovery of expenses incurred in connection with the search for the defendant, or the debtor, or the child taken from the debtor by a court decision;

a claim was made for the recovery of accrued but not paid monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee.

a claim has been filed for the recovery of arrears in payment for housing and utilities, as well as telephone services;

a claim has been made for the collection of mandatory payments and contributions from members of a homeowners' association or a building cooperative.

Article 122 of the Code of Civil Procedure of the Russian Federation indicates the cases in which a court order is issued. The basis for issuing this procedural document is an application for the recovery of movable property (requirements are regulated by the same article), for the recovery of sums of money from the debtor.

A court order is considered an executive document. It is carried out in the manner prescribed for the execution of court decisions. gives a complete and exhaustive definition of this document.

The requirements for which an order is issued are listed in the same article 122 of the Code of Civil Procedure of the Russian Federation. The court has no right to go beyond them. The demand may be based on a transaction certified by a notary, on a transaction made in writing, on a notary (performed by a notary or other person who, under the law, has the right to perform a notarial act) protest of a bill. For example, or.

Also, a court order is issued if a claim was made for the payment of alimony for children under the age of majority (if this requirement is not related to the establishment of paternity, contestation of motherhood or paternity, involvement of third parties interested in the case). Alimony is collected in a fixed amount if the payer has unstable income, or receives it in foreign currency, or in kind. The right to file an application for the recovery of alimony, in accordance with the current legislation of the Russian Federation, is not only the mother of the child, but also other interested persons: adoptive parents, trustees, guardians, representatives of the administration of the institution in which the child is located.

A court order is issued in the event of a claim for the recovery of accrued but unpaid wages. Confirmation of payroll is a notice that each employee receives from the employer. Without a corresponding notice, wages are not considered accrued. Under the accrued salary means payments upon dismissal, vacation pay and other types of wages for work.

A court order may be issued with a requirement to reimburse the state for expenses related to the search for a debtor, defendant, child taken from the debtor (the basis for this is a court decision). The search is carried out by a limited circle of state bodies.

The last case in which a court order is issued is a claim for unpaid monetary compensation for untimely paid wages (or other payments due to the employee) by the employer.

Regulates the procedure for filing an application for the issuance of a court order and the size of the state. fees - 1/2 of the rate established for statements of claim. Article 124 of the Code of Civil Procedure of the Russian Federation determines the content and form of this application, as well as the list of required documents.

Also in Article 122 of the Code of Civil Procedure of the Russian Federation there was a paragraph on the recovery of arrears from citizens on mandatory payments (taxes, fees), but it is worth paying attention to the fact that it has become invalid.


is at the same time an executive document and is enforced in the manner established for the execution of court decisions. Information on changes: Federal Law No. 45-FZ of March 2, 2019 amended Article 122 of this Code, which shall enter into force ninety days after the official publication of the said Federal Law Article 122.

Article 122

122 Code of Civil Procedure of the Russian Federation 1. The provision according to which the judge has the right to issue a court order, if it is claimed to collect alimony for minor children, not related to the establishment of paternity, challenging paternity (maternity) or the need to involve other interested parties, means that on the basis of a court order, no alimony for minor children in a fixed amount of money can be collected, since the solution of this issue is associated with the need to verify the presence or absence of circumstances with which the law associates the possibility of such a recovery (para.

Comments on ST 122 Code of Civil Procedure of the Russian Federation

The list of requirements for which a court order is issued is exhaustive. As a new additional requirement, not previously provided for by the Code of Civil Procedure of the RSFSR, the Code of Civil Procedure of the Russian Federation established a requirement, declared by the internal affairs body, to recover expenses incurred in connection with the search for the defendant, or the debtor, or the child taken from the debtor by a court decision. 2. All requirements listed in the commented article are based on written materials.

Article 122

236 of the Labor Code of the Russian Federation) from the Contract-Jurist.Ru team (Central Bank rates dated 06/14/2018) Contract-Jurist.Ru Community of lawyers of Russia Codes and sample contracts Free legal advice: . if: the claim is based on a notarized transaction; the claim is based on a simple written transaction; the claim is based on the notary's protest of the bill of non-payment, non-acceptance and undated acceptance; a claim has been made for the recovery of alimony for minor children, not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties; the paragraph became invalid as of September 15, 2015.

What is a court order?

Everyone has the right to privacy, personal and family secrets, protection of their honor and good name.

Part 2. Everyone has the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision. Article 24. Part 1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed. Article 33. Citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective applications to state bodies and local governments. Article 45 Part 1

St 122 GPC RF with comments

Claims on which a court order is issued” Article 122. Requirements on which a court order is issued Commentary on Article 122 1. Writ proceedings are proceedings in which an indisputable issue is resolved on the basis of documents. A court order is issued without a court session, without calling the plaintiff and defendant, and therefore the list of requirements for which a court order is issued is limited.

Article 122 Code of Civil Procedure of the Russian Federation

for which a court order is issued Article 122 of the Code of Civil Procedure of the Russian Federation indicates the cases in which a court order is issued. The basis for issuing this procedural document is an application for the recovery of movable property (requirements are regulated by the same article), for the recovery of sums of money from the debtor.

A court order is considered an executive document.

121. Judgment

1. Court order - a court decision issued by a single judge on the basis of an application for the recovery of sums of money or for the recovery of movable property from the debtor in accordance with the requirements provided for in Article 122 of this Code.

2. A court order is at the same time an executive document and is enforced in the manner established for the execution of court decisions.

Article 122. Requirements on which a court order is issued

A court order is issued if:

the claim is based on a notarized transaction;

the claim is based on a simple written transaction;

the claim is based on the notary's protest of the bill of non-payment, non-acceptance and undated acceptance;

a claim has been made for the recovery of alimony for minor children, not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties;

a demand was made to recover from citizens arrears in taxes, fees and other obligatory payments;

a claim has been made for the recovery of wages accrued but not paid to the employee, vacation pay, dismissal payments and (or) other amounts accrued to the employee; (as amended by Federal Law No. 35-FZ of April 23, 2012)

the territorial body of the federal executive body for ensuring the established procedure for the activities of the courts and the execution of judicial acts and acts of other bodies has filed a claim for the recovery of expenses incurred in connection with the search for the defendant, or the debtor, or the child; (as amended by Federal Laws No. 86-FZ of 30.06.2003, No. 225-FZ of 02.10.2007, No. 389-FZ of 03.12.2011, No. 126-FZ of 05.05.2014)

a claim was made for the recovery of accrued but not paid monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee. (paragraph introduced by Federal Law No. 35-FZ of April 23, 2012)

Article 123. Filing an application for a court order

1. An application for issuing a court order shall be filed with the court in accordance with the general rules of jurisdiction established in this Code.

2. An application for issuance of a court order shall be paid a state fee in the amount of 50 percent of the rate established for statements of claim.

Article 124. Form and content of an application for issuing a court order

1. An application for issuing a court order shall be submitted in writing.

2. The following must be indicated in the application for issuing a court order:

1) the name of the court to which the application is submitted;

2) the name of the recoverer, his place of residence or location;

3) the name of the debtor, his place of residence or location, and for a citizen-debtor also the date and place of birth, place of work (if they are known); (as amended by Federal Law No. 161-FZ of June 23, 2014)

4) the claim of the exactor and the circumstances on which it is based;

5) documents confirming the validity of the claim of the recoverer;

6) list of attached documents.

In the case of claiming movable property, the application must indicate the value of this property.

3. An application for issuing a court order shall be signed by the recoverer or his representative having the appropriate authority. The application submitted by the representative must be accompanied by a document certifying his authority.

Article 125

(as amended by Federal Law No. 161-FZ of June 23, 2014)

1. The judge returns the application for issuing a court order on the grounds provided for in Article 135 of this Code, as well as if:

1) documents confirming the stated requirement are not submitted;

2) the claimed claim has not been paid with the state fee;

3) the requirements for the form and content of the application for issuance of a court order, established by Article 124 of this Code, are not met.

2. The return of an application for issuing a court order shall not be an obstacle for the recoverer to re-apply to the court with an application to the same debtor, with the same demand and on the same grounds after the violation has been eliminated.

3. The judge refuses to accept an application for issuing a court order on the grounds provided for in Article 134 of this Code, as well as if:

1) a claim has been made that is not provided for by Article 122 of this Code;

2) the place of residence or location of the debtor is outside the Russian Federation;

3) the existence of a dispute about the right is seen from the application and submitted documents.

4. On the return of an application for issuing a court order or on refusal to accept it, the judge shall issue a ruling within three days from the date of receipt of the application by the court.

Article 126. Procedure for issuing a court order

1. A court order on the merits of the stated claim shall be issued within five days from the date of receipt of the application for issuing a court order to the court.

2. A court order is issued without a trial and without summoning the parties to hear their explanations.

Article 127. Content of a court order

1. The following shall be indicated in the court order:

1) production number and date of issue of the order;

2) the name of the court, the surname and initials of the judge who issued the order;

3) name, place of residence or location of the claimant;

4) the name, place of residence or location of the debtor, and for a citizen-debtor also the date and place of birth, place of work (if they are known); (as amended by Federal Law No. 161-FZ of June 23, 2014)

5) the law on the basis of which the claim is satisfied;

6) the amount of money to be collected, or the designation of movable property to be claimed, indicating its value;

7) the amount of the penalty, if its collection is provided for by federal law or the contract, as well as the amount of penalties, if any are due;

8) the amount of the state duty to be collected from the debtor in favor of the recoverer or to the income of the relevant budget;

9) details of the exactor's bank account, to which the funds subject to collection must be transferred, if the foreclosure is carried out using funds from the budgets of the budgetary system of the Russian Federation; (Item 9 was introduced by Federal Law No. 197-FZ of December 27, 2005)

10) the period for which a recoverable debt was formed on obligations providing for the execution in installments or in the form of periodic payments. (Clause 10 was introduced by Federal Law No. 161-FZ of June 23, 2014)

2. In a court order for the recovery of alimony for minor children, in addition to the information provided for in paragraphs 1-5 of part one of this article, the date and place of birth of the debtor, his place of work, the name and date of birth of each child for the maintenance of which alimony was awarded, the amount of payments collected monthly from the debtor, and the period for their collection.

3. The court order is drawn up on a special form in two copies, which are signed by the judge. One copy of the court order remains in court proceedings. A copy of the court order is made for the debtor.

Article 128

The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to file objections regarding its execution.

Article 129. Cancellation of a court order

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the exactor that the stated requirement can be presented to them in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance.

Article 130. Issuance of a court order to a recoverer

1. In the event that no objections are received from the debtor within the established period, the judge shall issue to the exactor a second copy of the court order, certified by the official seal of the court, for presenting it for execution. At the request of the claimant, the court order may be sent by the court for execution to the bailiff.

2. In case of collection of the state fee from the debtor to the income of the relevant budget, on the basis of a court order, a writ of execution is issued, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff.

The current version of Art. 122 Code of Civil Procedure of the Russian Federation with comments and additions for 2018

A court order is issued if: the demand is based on a notarized transaction; the demand is based on a transaction made in a simple written form; the demand is based on a notary protest of the bill of non-payment, non-acceptance and non-dating of acceptance; with the establishment of paternity, challenging paternity (maternity) or the need to involve other interested parties; the paragraph became invalid on September 15, 2015 - Federal Law of March 8, 2015 N 23-FZ; the amounts of vacation pay, payments upon dismissal and (or) other amounts accrued to the employee; declared by the territorial body of the federal executive body for ensuring the established procedure for the activities of the courts and the execution of judicial acts and acts of other bodies, a claim for the recovery of expenses incurred in connection with the search for the defendant , or the debtor, or the child; (Paragraph as amended by the Federal Law of June 30, 2003 N 86-FZ; as amended by Federal Law No. 225-FZ of October 2, 2007, effective from October 6, 2007; as amended by Federal Law No. 389-FZ of December 3, 2011, effective from January 1, 2012; as amended by Federal Law No. 126-FZ of May 5, 2014, which came into effect on May 17, 2014, a claim was made for the recovery of accrued but unpaid monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee; a claim has been made for the collection of arrears in payment for housing and utilities, as well as telephone services; a demand has been made for the collection of mandatory payments and contributions from members of a homeowners' association or a building cooperative.

Commentary on Article 122 of the Code of Civil Procedure of the Russian Federation

1. In the commented article, operating in a systemic connection with Part 1 of Art. 121 of the Code of Civil Procedure provides for an exhaustive list of requirements for which a court order is issued. These claims involve only the recovery of funds or the recovery of movable property. For example, a demand for the performance of an obligation in kind that does not involve the transfer of money or movable property should not be ordered, even if the demand is based on a written transaction.

2. In accordance with paragraph 1 of Art. 158 of the Civil Code, transactions are made orally or in writing (simple or notarial). Obviously, the written form of the transaction makes it possible to most fully reveal the content of the material legal relationship that exists between the creditor and the debtor.

So, as a general rule, a transaction in writing must be made by drawing up a document expressing its content and signed by the person or persons making the transaction, or persons duly authorized by them (clause 1 of article 160 of the Civil Code). In particular, the content of the transaction should include its essential terms, which makes it possible to get a fairly complete picture of the rights and obligations of the creditor and the debtor without litigation, if the documents submitted to the court do not reveal the existence of a dispute about the right. Moreover, if the debtor's objections are received within the prescribed period, the issued order is subject to cancellation (see commentary to Articles 128, 129 of the Code of Civil Procedure).

3. The possibility of issuing a court order for the recovery of funds or movable property for claims based on a written transaction does not exclude the powers of a notary public if there is an appropriate request from the creditor to make an executive inscription on documents confirming the debt. This was pointed out by the Constitutional Court of the Russian Federation in ruling No. 150-O of July 6, 2001, when it refused to accept for consideration the request of the Oktyabrsky District Court of Izhevsk to verify the constitutionality of clause 2 of Art. 339 Code of Civil Procedure of the RSFSR, paragraph 13 of Art. 35, art. 89 and 93 of the Fundamentals of the legislation of the Russian Federation on notaries.

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VKS RF. 2002. N 2.

4. A bill of exchange is a security, the presentation of which is necessary for the realization of the rights expressed in it. Making protests of bills, notaries certify the facts of the payer's refusal to make a payment on time, refusal to accept a bill, refusal to indicate the date of payment on a bill. The protested bill is issued to the holder of the bill or to a person authorized by him and is the basis for issuing a court order.

According to Art. 5 of the Federal Law of March 11, 1997 "On a bill of exchange and a promissory note" for claims based on a protest of bills of non-payment, non-acceptance and non-dating of an acceptance made by a notary against an individual, legal entity or individual entrepreneur, a court order is issued and execution is carried out according to order production rules. Accordingly, paragraph 1 of the Resolution of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation N 3/1 dated February 5, 1998 "On Some Issues of the Application of the Federal Law" On a Transfer and Promissory Note "" clarifies that applications for issuing a court order for debt collection on a bill of exchange protested in non-payment, non-acceptance (or non-dating of acceptance) are considered by courts of general jurisdiction, regardless of the subject composition of the participants in the bill of exchange obligation.

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SZ RF. 1997. N 11. St. 1238.

BVS RF. 1998. No. 4.

At the same time, the claimant has the right to apply with an ordinary statement of claim, regardless of whether the promissory note has been protested or not. In this case, the statement of claim is filed with a court of general jurisdiction or an arbitration court in compliance with the general rules on jurisdiction (see commentary to Article 22 of the Code of Civil Procedure). The general rules of jurisdiction are also applied when filing a statement of claim in cases where the judge refuses to accept the application for issuing a court order (Article 125 of the Code of Civil Procedure) and the cancellation of a court order (Article 129 of the Code of Civil Procedure).

5. A court order cannot be issued not only if the claimant simultaneously claims to establish paternity, but also if the other party disputes paternity (maternity) and, if necessary, involves other interested parties. All these circumstances indicate the existence of a dispute, which excludes the possibility of issuing a court order.

The need to involve other interested parties in the case on the recovery of alimony for minor children arises if the parent to whom the claim is filed already pays alimony to other persons by a court decision or they are paid according to other executive documents. Satisfaction of the new requirement may entail a claim for a reduction in the amount of alimony or other payments in favor of the person receiving them, therefore, such a case is subject to consideration in lawsuit proceedings involving the original recipient of alimony or other payments as a third party on the side of the defendant (see paragraph 11 of the decision Plenum of the Supreme Court of the Russian Federation of October 25, 1996 N 9 (as amended on February 6, 2007 N 6) "On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony").

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BVS RF. 1997. No. 1; 2007. No. 5.

Paragraph 11 of the said resolution also explains that, on the basis of a court order, alimony for minor children in a fixed amount of money cannot be collected, since the solution of this issue involves the need to verify the presence or absence of circumstances with which the law associates the possibility of such collection (paragraph 1 and 3, article 83, paragraph 4 of article 143 of the UK).

6. In accordance with family law, claims for the recovery of alimony for minor children from one or both parents may be filed by the other parent, the adopter, if the adoption was made by only one person, the guardian or guardian of the children, foster parents, the administration of the children's institution where the children are brought up. All of them can be applicants in court order cases.

7. Under tax in accordance with paragraph 1 of Art. 8 of the Tax Code is understood as a mandatory individually gratuitous payment levied from organizations and individuals in the form of alienation of their funds, in order to financially support the activities of the state and (or) municipalities. Under collection in accordance with paragraph 2 of Art. 8 of the Tax Code is understood as a mandatory contribution levied from organizations and individuals, the payment of which is one of the conditions for the commission of state bodies, local governments, other authorized bodies and officials of legally significant actions in relation to payers of fees, including the granting of certain rights or the issuance of permits (licenses ). The list of federal, regional and local taxes and fees is contained in Art. 12 - 15 parts of the first NK.

8. Judicial collection of arrears in taxes and dues from citizens who are not individual entrepreneurs is carried out at the request of the tax (customs) authorities acting in accordance with the provisions of Art. 45 and 48 of the first part of the Tax Code. They have the right to apply to the justice of the peace with an application for issuing a court order for the recovery of arrears (if there is no dispute about the right) or, in the event of a dispute, file a claim in compliance with the jurisdiction provided for by the rules of Art. 23 and 24 Code of Civil Procedure. Resolution of tax litigation involving organizations and individual entrepreneurs falls within the jurisdiction of arbitration courts.

9. As a general rule, wages in accordance with Art. 136 of the Labor Code of the Russian Federation is paid at least once every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract, and vacation pay is made no later than three days before it starts. Violation by the employer of the terms of payment of wages established by law significantly violates the rights of the employee and members of his family, endangers the very basis of their normal and dignified existence.

In accordance with Art. 382, 385 of the Labor Code of the Russian Federation, individual labor disputes, as a rule, should be considered by a labor dispute commission. However, with accrued but unpaid wages, there is no dispute, since the employer does not dispute the right of the employee to be paid in the appropriate amount and within the appropriate time for the work performed by him, but at the same time he does not fulfill his obligation. Therefore, for the issuance of a court order for the recovery of accrued but unpaid wages, the employee has the right to apply directly to the court. If, however, the existence of a dispute about the right is seen from the submitted documents, the judge is obliged to refuse to accept the application (Article 125 of the Code of Civil Procedure).

10. Lack of information about the place of residence of the defendant in the interests of the Russian Federation, its constituent entities, municipalities, as well as on the recovery of alimony, compensation for harm caused by injury, other damage to health or death of the breadwinner, imposes on the judge the duty to announce the search for the defendant through bailiff service (see commentary to Article 120 of the Code of Civil Procedure). Accordingly, the costs of searching for the defendant in these cases are recovered at the request of the bailiff service by issuing a court order, if the existence of a dispute about the right is not seen from the documents submitted by them (Article 125 of the Code of Civil Procedure).

In accordance with Art. 65 of the Federal Law of October 2, 2007 "On Enforcement Proceedings" (as amended on December 3, 2011), if the court satisfies the listed requirements and the demand for the removal of the child, if the whereabouts of the debtor or the child is unknown, their search is also announced. However, it is already carried out by order of the bailiff-executor, adopted by him on his own initiative or at the request of the exactor. This decision is approved by the senior bailiff or his deputy and sent to the bailiff, who is entrusted with the search function.

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SZ RF. 2007. N 41. St. 4849; 2011. N 49 (part 5). Article 7067.

Issuance of a court order to recover the costs of searching for the debtor or child, as well as the costs of searching for the defendant according to the requirements provided for in Part 1 of Art. 120 Code of Civil Procedure, is made at the request of the relevant bailiff service.

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