The Ministry of Justice proposed to resume enforcement proceedings within 3 years

Ministry of Justice of the Russian Federation prepared a draft law establishing a procedural period during which the suspended enforcement proceedings are subject to renewal. According to the document, it can be renewed within three years from the moment the reasons for its suspension are eliminated.

“The arbitration court may resume the suspended enforcement proceedings within three years from the date of elimination of the reasons or circumstances that served as grounds for its suspension,” the bill. It also defines the legal consequences of missing such a deadline.

In April, the Constitutional Court of the Russian Federation called the deadline for the resumption of enforcement proceedings after the elimination of the reasons for the suspension. “Enforcement proceedings can be continued no later than three years from the moment when the reasons for the suspension have been eliminated. The rule was established by the Constitutional Court of the Russian Federation. It is valid from April 27, 2023 until legislative amendments come into force, ”according to an unofficial Telegram channel court.

KS urged establish a deadline for the resumption of enforcement proceedings after its suspension, since the absence of such a period violates the constitutional balance of interests of the recoverer and the debtor in enforcement proceedings.

Maria Fedotova