Наталья Ключевская
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Соответствующий законопроект, разработанный группой депутатов, внесен в Госдуму.
Документом устанавливается прямой запрет обращать взыскание по исполнительным листам на:
пенсии (включая пенсии по старости, страховые пенсии по инвалидности, накопительные пенсии, а также пенсии военных и работников правоохранительных органов, срочные пенсионные выплаты); выплаты социального характера, в т. ч. ежемесячные денежные выплаты инвалидам и детям-инвалидам, а также социальные доплаты к пенсии, субсидии и средства иной государственной социальной помощи.
При этом для ограничения на взыскание с пенсионных выплат предусмотрено исключение. Указанный запрет не будет учитываться в случаях, когда взыскание связано с обязательствами о возмещении ущерба, причиненного преступлением, уплатой административного, судебного штрафа или штрафа, назначенного как наказание за совершение преступления. Сюда же отнесены ситуации с уплатой задолженности по жилищно-коммунальным услугам (водоснабжению, водоотведению, теплоснабжению, газоснабжению, электроэнергетике, обращению с твердыми коммунальными отходами).
Допускается ли обращение взыскания на пенсию за выслугу лет? С правовыми позициями судов по данному вопросу ознакомьтесь в «Энциклопедии судебной практики» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Кроме того, в Федеральном законе от 2 октября 2007 г. № 229-ФЗ «Об исполнительном производстве» может появиться новая статья, обязывающая должностных лиц службы судебных приставов при поступлении к ним исполнительного документа с требованиями об имущественных взысканиях осуществлять предварительную проверку имущественного положения должника-гражданина. Речь идет о направлении электронных запросов на получение сведений об имуществе должника-гражданина в налоговые органы, банки, Госавтоинспекцию, органы, осуществляющие госрегистрацию прав на имущество. В случае получения от них информации о наличии доходов, на которые не может быть обращено взыскание и об отсутствии имущества, с которого возможно взыскание, исполнительный документ предполагается возвращать взыскателю без возбуждения исполнительного производства. Однако такой возврат не будет препятствием для повторного предъявления исполнительного документа к исполнению через полгода.
Также законопроектом1 предусматривается запрет на взимание штрафов за непогашение долга в установленные сроки, если между сторонами было заключено мировое соглашение. Парламентарии считают, что взыскание исполнительского сбора в данном случае не отвечает принципам справедливости наказания, поскольку приводит к возложению денежного взыскания на добросовестного участника гражданского оборота.
В случае одобрения инициативы предлагаемые поправки вступят в силу с 1 июня 2020 года.
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1 С текстом законопроекта № 739148-7 «О внесении изменений в Федеральный закон «Об исполнительном производстве» и отдельные законодательные акты Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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