ALEXANDER PAVLOVSKY, PARTNER AT A.T.LEGAL
Pravo.ru has prepared an article about the new amendments that will come into force in February. Among the interesting ones is the prohibition to write off the minimum income from debtors. Alexander Pavlovsky comments on the Federal law "On amendments to Article 446 of the Civil Procedural Code and the Federal Law "On enforcement proceedings" - what are the main changes for debtors? How do lawyers assess the innovation? How will it work in practice?
Alexander Pavlovsky "Since February 01, 2022 important changes to the Law on enforcement proceedings will come into force. Now the list of property that cannot be foreclosed in enforcement proceedings includes the debtor's funds in the amount of the subsistence minimum. This means that there will not be situations where the debtor is left at one point without any means of livelihood at all, forcing him, for example, to seek "help" from microfinance organizations. A minimum amount of money at the debtor's disposal will remain in any case. Therefore, in terms of the social orientation of the state and the practical implementation of the principle of humanism, the amendment deserves support.
But it is necessary to pay attention to some nuances. There is a declarative, rather than automatic procedure for applying the new rule. This means that the debtor will need to apply to the bailiff's office with an appropriate application, to which it is necessary to attach the documents confirming the official employment and income. And only after that, the bailiff may include in the decision on seizure of money and income of the debtor the information on the preservation of the minimum subsistence level for the debtor. In addition, not all debtors will be able to take advantage of the benefits provided: some work unofficially, others for one reason or another do not want to come in person to the bailiff service, etc. Also, from the text of the law it is not clear whether the bailiff has the right to refuse the request of the debtor, whether the bailiff should cancel or change the previously imposed restrictions in connection with the emergence of a new right of the debtor, etc. Therefore, we can assume that in practice debtors will have some difficulties related to the amendment," - said the lawyer.
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