On March 4, the Supreme Court issued Ruling No. 305-ES23-23415 in case No. A40-224620/2022. It stated that it is inadmissible to collect the enforcement fee before the unclear judicial act is clarified at the debtor's request. In this case, within the 5-day period for voluntary execution of the bailiffs' demand based on a court decision that has entered into force, the debtor filed a petition to clarify the latter. It was not clear from the court decision in question how exactly an easement should be granted. The court provided the respective explanations. However, since the inaccuracies in the judicial act were corrected long after the voluntary execution period had expired, the bailiff demanded payment of an enforcement fee of 50 thousand rubles. The lower courts supported the bailiff.

The TV&P lawyer Ekaterina Schmitt explained in her commentary to the “Advokatskaya Gazeta” (Russian Advocacy Newspaper) that the fact that this case reached the Supreme Court indicates that not all bailiffs and courts are familiar with the position which the Constitutional Court expressed on this issue back in 2023. According to this stance, the debtor cannot be held responsible for the negative consequences of an objective inaccuracy in the procedure for executing a court decision. At the same time, none of the acts of the lower courts contain references to this Resolution.

Given the importance of the Supreme Court's ruling, lawyer Ekaterina Schmitt recommends that debtors, in cases where it is impossible to execute a court order due to such force majeure circumstances, make a reference to this Constitutional Court ruling in the documents submitted to the bailiff and court. This reference can serve as a solid legal basis for the debtor's position. In addition, to avoid further appeals and save procedural costs, it is advisable to submit draft court orders together with court documents, the obiter dictum of which should contain references to the relevant case law.

“Advokatskaya Gazeta” (Russian Advocacy Newspaper) is the official body of the Russian Federal Bar Association (published since 2007). The Newspaper’s publications are devoted to the most important legal topics, case law, as well as legal practice and issues of advocacy.

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