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AS A RESULT OF LEGAL PROCEEDINGS, THE AMOUNT DUE WILL RISE SIGNIFICANTLY.
Pursuant to Articles 309, 310 of The Civil Code of the Russian Federation obligations shall be discharged in the proper way in conformity with the terms of the obligation and with the requirements of the law and of the other legal acts. The unilateral refusal to discharge the obligation and the unilateral amendment of its terms shall not be admitted, with the exception of the law-stipulated cases.
The discharge of obligations may be provided for by the forfeit (Article 329 of CCRF – «The Ways of Providing for the Discharge of Obligations»). According article 330 CCRF «The Concept of the Forfeit» The forfeit (the fine, the penalty) shall be recognized as the sum of money, defined by the law or by the agreement, which the debtor is obliged to pay to the creditor in case of his non-discharge, or an improper discharge, of the obligation, in particular, in the case of the delay of the discharge.
According Article 332 CC RF «The Legal Forfeit» The creditor shall have the right to claim the payment of the forfeit, defined by the law (the legal forfeit), irrespective of whether the obligation for its payment has been stipulated by the agreement between the parties.
Legal forfeit is defined according Article 395 CC RF «Responsibility for the Non-Discharge of the Pecuniary Obligation». According this article, for the use of the other person's money as a result of its illegal retention, of the avoidance of its return or of another kind of delay in its payment, or as a result of its ungroundless receipt or saving at the expense of the other person, the interest on the total amount of these means shall be due. The interest rate shall be defined by the discount rate of the bank interest, existing by the date of the discharge of the pecuniary obligation or of the corresponding part thereof at the place of the creditor's residence, and if the creditor is a legal entity - at the place of its location. If the debt is exacted through the court, the court may satisfy the creditor's claim, proceeding from the discount rate of the bank interest on the date of filing the claim or on the date of its adopting the decision. These rules shall be applied, unless the other interest rate has been fixed by the law or by the agreement.
According Item 1 Article 395 CC RF for the use of the other person's money as a result of the avoidance of its return or the interest on the total amount of these means shall be due. The interest rate shall be defined by the discount rate of the bank interest, existing by the date of the discharge of the pecuniary obligation or of the corresponding part thereof at the place of the creditor's residence, and if the creditor is a legal entity - at the place of its location. If the debt is exacted through the court, the court may satisfy the creditor's claim, proceeding from the discount rate of the bank interest on the date of filing the claim or on the date of its adopting the decision.
The debtor shall compensate to the creditor the losses inflicted by non discharging or improper discharging of the obligation.
Article 15. Compensation of the Losses
1. The person, whose right has been violated, shall be entitled to demand the full recovery of the losses inflicted upon him, unless the recovery of losses in a smaller amount has been stipulated by the law or by the agreement.
2. Under the losses shall be understood the expenses, which the person, whose right has been violated, made or will have to make to restore the violated right, the loss or the damage done to his property (the compensatory damage), and also the undeceived profits, which this person would have derived under the ordinary conditions of the civil turnover, if his right were not violated (the missed profit).
If the person, who has violated the right of another person, has derived profits as a result of this, the person, whose right has been violated, shall have the right to claim, alongside with the compensation of his other losses, also the compensation of the missed profit in the amount not less than such profits.
In case the losses done to the creditor by the misuse of his money exceed the interests due and payable to him according to the item 1 of the Article Article 395 CC RF the debtor shall have right to claim to compensate the losses exceeding this sum.
According to the Article 88 of the Civil Procedure Code of Russian Federation «Legal Expences» legal expenses consist of state tax and costs of proceedings which, pursuant to the Article 94 «Costs of proceedings» of the abovementioned Code, include attorney's fee.
It is defined pursuant to the Article 98 of CCP RF «Legal costs distribution between parties» that the Party in favor of which the court decision was taken shall have the right to demand the compensation of all the legal expenses against the other party.
Besides, upon the creditor's claim the court may take measures for provisional remedy pursuant to the Article 139 CCP RF «Grounds for Provisional Remedy». Provisional Remedy shall be accepted in any rights of the case if the absence of provisional remedy may hinder the execution of the court decision or make it impossible.
Article 140. Provisional Remedy measures
1. Provisional Remedy measures may be:
1) attachment of property belonging to the defendant and residing at the defendant's or third party's place;
2) prohibition to take certain actions;
3) prohibition to take certain actions associated with the subject of the dispute of the third party, including conveying the property to the defendant or fulfilling other obligations to him;
In some cases the court or the judge may undertake other measures to secure the claim if they are corresponding Article 139 of this Code. Simultaneous provisional remedy measures may be acceptable.
The court or the judge shall immediately report about undertaken provisional remedy measures to the corresponding state or local authorities in charge of registering property or property rights, their restriction, transaction and termination.
INCREASING OF THE AMOUNT DUE IN LEGAL PROCEEDINGS.
Pursuant to it.1 Art.81 of the Federal Law No.44 «On the legal proceedings» in case of expiration of time given by a court bailiff for voluntary execution, compulsory execution measures shall be taken:
Article 68. Federal Law “On the Legal Proceedings"
1. Compulsory execution measures shall be defined as measures explained in an administrative case or measures taken by the court bailiff in order to obtain property from the debtor including purse leviable pursuant to administrative case.
2. Compulsory execution measures shall be implemented by the court bailiff after institution of the legal proceeding. If the expiration date for voluntary execution of administrative case demands is established pursuant to this Federal Law, the compulsory measures shall be taken after this expiration date.
3. Compulsory execution measures shall be defined as:
1) execution upon debtor's property including purse and securities;
2) execution upon periodical payments received by the defendant by virtue of labor, civil or social relations;
3) execution upon defendant's property rights including right to receive payments in legal proceeding where the defendant acts as a recoverer, to receive rent, lease payments, royalty, as well as exclusive rights to the results of intellectual activities and means of individualization, incorporeal rights by agreements on transfer or implementation of exclusive rights to the results of intellectual activities and means of individualization, a right to use the results of intellectual activities or means of individualization belonging to the debtor as to a licensee;
4) transfer the defendant's property belonging to the recoverer;
1) attachment of property belonging to the defendant and residing at the defendant's or third party's place in execution of attachment of property judicial act;
6) addressing a registering body for registering the transfer of property rights including securities from the debtor to the recoverer pursuant to the instances and procedures set by this Federal Law;
7) execution on behalf and at the expense of the debtor of the actions assigned in the administrative case provided this action can be performed without participation of the debtor;
8) compulsory chummage of the recoverer into the debtor's accommodation;
9) compulsory ejectment of the debtor out of his accomodation;
10) release of non-residential premises or storage facilities from the debtor and his property;
11) other actions afforded by the federal law or administrative case.
In pursuant to it. 1 Article 81 of Federal Law «On Legal Proceedings» should the debtor not fulfill his obligations in pursuant to administrative case, the debtor is charged administrative fee of 7% of leviable amount . Moreover, the debtor pay all the court expenses (Art. 82 FL «On Legal Proceedings) in pursuant to it. 1 Art.84 FL «on Legal Proceeding».
Article 112. Administrative fee
1. Administrative fee shall be defined as fine levied from the debtor in case of non-performing the administrative case before the expiration time set for voluntary performing and in case of non-performing the administrative case subject to immediate performing in 24 hours since the moment of receiving the copy of the bailiff's resolution on the institution of legal proceedings. Administrative fee is levied in favor of federal budget.
3. Administrative fee is charged in the amount of 7% of the amount due or the cost of the leviavle property. Should the debtor not perform a non-property administrative case, the administrative fee of 500 rubles is established for an individual debtor and of 5 000 rubles for a corporate body.
Article 116. Legal actions costs
1. Legal action costs shall be defined as purse of the federal budget, recoverer and alius taking part in legal proceedings spent on arrangement and performing of legal actions and execution of compulsory measures.
2. Legal actions costs include:
1) transport, storage and sale of the debtor's property;
2) allowances of translators, experts and alius drawn to performing legal actions in accordance with the established procedure as well as compensations of their and attesting witnesses' expenses;
3) money transfer to the recoverer;
4) search of the debtor, his property, search of the child;
5) carrying out the official registration of debtor’s rights;
6) performing other necessary actions in the process of performing the administrative case.
Article 117. Recovery of the legal actions losses
1. Expenses on performing legal actions are compensated to the federal budget, to the recoverer and to the persons suffering expenses due to the debtor.
Also in pursuant to it. 5 Art. 15 of the FL «On entry to the Russian Federations and exit from the Russian Federation procedures», should the citizen be evading discharge of obligations inflicted by law, his right to exit from the Russian Federation may be temporary limited until either discharging the obligations or reaching an agreement between the parties. However, in this instance, in pursuant to Art. 18 of FL «On entry to the Russian Federations and exit from the Russian Federation procedures», the citizen's passport shall be a subject to exemption by authorized bodies and then shall be sent to the passport issuing authority.
A CASE AGAINST A DEBTOR MAY ВE FILED IN THE CRIMINAL COURT UPON SWINDLING.
SWINDLING , that is, the stealing of other people's property or the acquisition of the right to other people's property by fraud or breach of trust.:
Article. 159 of the Criminal Code of the Russian Federation: Swindling
1. Swindling, that is, the stealing of other people's property or the acquisition of the right to other people's property by fraud or breach of trust,
shall be punishable by a fine in the amount of up to 120 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to 180 hours, or by corrective labour for a term of six months to one year, or by arrest for a term of two to four months, or by deprivation of liberty for a term of up to two years.
2. Theft committed by a group of persons in a preliminary conspiracy or else with the infliction of considerable damage on a person,
shall be punishable by a fine in the amount of up to 300 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory works for a term of 180 to 240 hours, or by corrective labour for a term of one year to two years, or by deprivation of liberty for a term of up to five years.
4. Theft committed by an organized group or on a large scale
shall be punishable by deprivation of liberty for a term of five to 10 years, with a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years or without any fine.
Article 165. Infliction of Damage on Property by Deceit or Breach of Trust
1. Infliction of property damage on its owner or on any other property holder by deceit or breach of trust, in the absence of the elements of stealing, shall be punishable by a fine in the amount of up to eight thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two months, or by compulsory works for a term of 120 to 180 hours, or by corrective labour for a term of up to one year, or by arrest for a term of up to four months, or by deprivation of liberty for a term of up to two years. .
2. The same deed committed by a group of persons in a preliminary conspiracy or on a large scale
shall be punishable by a fine in the amount of 100 000 rubles to 300 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to three years, with a fine in the amount of up to 80 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or without any fine.
3. Deeds provided for in the first or second part of this Article:
a) committed by an organized group;
b) inflicting damage on a large scale; -
shall be punishable by deprivation of liberty for a term of up to five years, with a fine in the amount up to 80 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or without any fine.
Article 176. Illegal Receipt of Credits
The receipt by an individual businessman or an organization manager of a credit or of favorable credit terms by means of knowingly submitting to a bank or any other creditor false information about the economic position or the financial condition of the individual businessman or organization, if this act has caused large-scale damage,
shall be punishable by a fine in the amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or arrest for a term of four to six months, or by deprivation of liberty for a term of two to five years.
(as reworded by Federal Law d.d. 08.12.2003 No 162-FL)
Article 177. Deliberate evasion of the repayment of the debts
Deliberate evasion by an organization's manager or an individual of the repayment of debts of a large size, or from the payment for securities, after the entry into legal force of an appropriate court judgment, shall be punishable by a fine in the amount of up to 200 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by compulsory works for a term of 180 to 240 hours, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years.
