On November 26, 2020 the Government of the Russian Federation adopted a Resolution introducing amendments to the legislation on enforcement proceedings. In particular, the Resolution changes the procedure for notification of persons involved in enforcement proceedings. The new procedure provides for the sending of notices of enforcement proceedings via the Unified Portal of State Services without an application from users for the transfer of legally significant electronic notices to them from state authorities. At the moment to receive notifications electronically it is necessary to submit a special application.
From December 30, as the changes come into force, when logging on to the portal, the participant of enforcement proceedings will be notified once about the procedure for sending notices, in particular the user will be explained:
- on how to determine the moment of proper notice;
- how to refuse to receive such notices.
If the user does not enter the portal within 15 days from the date of publication of the notice, such a notice will be considered undelivered, and the participant of enforcement proceedings is not notified. In this case, the bailiff will have to send the notice in another way. The bailiff also sends the notice by another way in case the user refuses to receive the notice electronically.
The notification is considered delivered at the moment when the participant of the enforcement proceedings logged into the personal account on the portal, after which the notification of delivery is sent to the FSSP.
The adopted amendments will simplify the process of notifying citizens of their obligation to pay existing debts. Prompt delivery of notices will allow avoiding negative consequences, including those associated with additional penalties and restrictions on travel abroad. In order to avoid negative consequences of missing a notification, we recommend the parties of enforcement proceedings to control the process of selecting the method of notification, and choose the most convenient and appropriate method on their own.