Postponement and installment of execution of a decision, changing the method and procedure for its execution
As provided for in Article 238 of the CPC (Postponement and installment of execution of a decision, changing the method and procedure for its execution before the decision is applied for execution), the execution of a judicial act may be postponed, delayed in installments, or the method and procedure for its execution may be changed if the judicial act is not enforced in accordance with the procedure provided for in Articles 143 (Issuing a court order to the recoverer and its direction for execution) or 241 (Appeal of the court decision for execution) of the CPC. In accordance with Article 246 of the CPC, grounds for postponement, installment plan, or modification of the method and procedure for executing a judicial act may be granted if enforcement proceedings have been initiated by the bailiff and the grounds provided for in this provision of the law exist by the time the bailiff performs the enforcement actions. Postponement of the execution of a judicial act means a procedural court decision to postpone to a later date the date on which the judicial act was applied for enforcement or the date on which the bailiff began performing enforcement actions in the initiated enforcement proceedings.
Installment payment - execution of a judicial act means a procedural court decision on the execution of a judicial act in parts within the time limit set by the court by the debtor voluntarily, or forcibly by the bailiff in enforcement proceedings, if the subject of execution is a divisible thing (for example, money, work performed, etc.). Changing the method and procedure for executing a decision means replacing the method and procedure specified in the court decision with another method and procedure that protects the legitimate rights and interests of the claimant, if there are circumstances that make it difficult or impossible to perform enforcement actions. When granting deferred or installment execution, courts should proceed from a balance of the rights and legitimate interests of the recoverer and the debtor so that the established procedure for executing a court decision meets the requirements of reasonableness, fairness and does not affect the essence of the guaranteed rights of persons involved in enforcement proceedings, as well as the rights and legitimate interests of third parties. The postponement of the application of a judicial act for enforcement may not exceed the time limits established by article 11 (Time limits for the presentation of enforcement documents for execution) of the Law on Enforcement Proceedings and the Status of Bailiffs.
Postponement of execution of executive actions may not exceed the time limits established by paragraphs 1 and 2 of Article 39 of the Law. (Terms of execution of enforcement documents) where it is stipulated that Enforcement of enforcement documents by bailiffs should be completed no more than two months from the date of initiation of enforcement proceedings, and for enforcement documents related to the demolition of buildings, the production of technological operations, as well as for enforcement documents on property penalties requiring the assessment of property with the involvement of specialists, The examination, sale, and search of the debtor's property must be completed within no more than four months. However, as current practice shows, the bailiff does not meet the above deadlines in any way. A delay in the execution of a judicial act that has recovered property damage from a minor between the ages of fourteen and eighteen may be granted until the defendant reaches the age of majority if the minor does not have property or income during this period.
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